what the jury wasn’t told
What the jury wasn’t toldIn August I was convicted of manslaughter of my foster daughter. Here’s a little of what the jury wasn’t told:The police initially laid a charge of assault and withdrew that because the ‘evidence’ did not support it’ and there was ‘no suspicious circumstances”. You can check out a story in the Bay of Plenty Times of 29 April 2006, titled “Bay foster carer cleared of assault”. Of course all previous stories have been removed from the internet. It would seem the police had substantial doubt, but the jury didn’t have reasonable doubt. The police in their excuse to re-arrest me after I made police complaints at the end of 2006 said they had new evidence. I was given none at my murder arrest interview, but finally over a year later a written statement from the neurosurgeon was given to my lawyer as the ‘new evidence’. He stated that he did a craniotomy and removed a clot. Of course this was known to police in the early hours of 5 Jan 2006.Medical experts lied on the stand. Patrick Kelly in particular, but also Dr Jones. You know Melissa did not have bruised ears, so does every other medical expert who laid eyes on her. Melissa died because of the nine hour delay before surgery, it took for Tauranga hospital to bother attempting to send her to Starship. Lies surround that too of course, and of why life support was turned off. You had no evidence of bruised ears or two impact marks either side of her head, that’s because they weren’t there, yet you put weight on that anyway. You could see with your own eyes the cold arrogance of the ambulance driver. The police did not use his partners statement because that was very much in my favor.It was said of the Bain trial that the ‘police do things differently nowadays when their low tactics came to light. I know they are better at covering it up.BTW I always believed David Bain was innocent. His hands are clean, but there were a lot of dirty hands of the authorities in his case also. People who have blind faith in those we are mean’t to have faith in and still persecute David Bain, open up the wool over your heads a crack and get real!You know where to find me if you would like to know more of what the jury wasn’t told. I have proof for you.Karen RobinsonAuckland Women’s
Injustice in NZ
BTW I always knew David Bain was innocent. His hands are clean, but there were a lot of dirty hands in the authorities in his case also. People who have blind faith in those we are mean’t to have faith in and still persecute David Bain, open up the wool over your heads a crack and get real!
Shaking for response illegal in NZ
Just realised I have not explained the shaking component of my case. I did admit to shaking in order to try and get a response from Melissa when she was comatose. I assumed she was only concussed. All the experts at my trial said how it was done did not do further injury to Melissa, but this is where Patrick Kelly got his idea from to say it was solely shaken baby. The police had my admission to this shaking well before they withdrew the first charge and said no further charges would be laid as there was no suspicious circumstances or evidence of assault.
Some Christian disguise
I just recieved the photos the jury was shown today. Plain as day what WASN’T there that they were told was, such as bruised ears and petehical grazing on BOTH sides of the head. It’s also plain as day what innocent explanation marks on Melissa were portrayed as abuse I had done also, such as cat bites and scratches on her calf muscle and hand. Remember the journal where I wrote she was going through a stage of being cruel to the cat? Think hard! There are also small bruises and puncture marks on her inner thigh. They forgot to show you the Starship hospital showing luers the staff put there. You should have seen the mess they made of her left arm trying to get veins. You just wanted someone to blame. Just like the Open Home Foundation so-called Christian lot.
Competant cops
I am not angry with the jury members. They were duped and it isn’t their fault they made an incorrect decision. That’s how the NZ justice system works. That’s why we have the shittiest justice system of all so called ‘civilised’ countries. One thing our CIB guys and Crown prosecutors know how to do really well, is manipulate peoples minds. We can be proud of them for that when all other reasons fail.
Bitter, burnt out paediatritian
Patrick Kelly said in his statement under oath that one of Melissa’s pupils was small and responding to light on the 5th of January only and that after that (page 15) that “her pupils remained fixed and dilated”; and yet there is a nursing note on 8/1/06 at 0700 hours, three hours before Melissa was taken off life support that says “left pupil remains dilated and fixed and the right pupil is smaller and reactive”. Medical research has shown that outcome is most often favourable if one eye is still reacting to light.
He also said under oath that the SEP results showed absent potential on the right side and questionable potential on the left side, but the results of the 5/1/06 state: “No response is recorded over the right hemisphere. There is possibly a poorly developed low amplitude potential over the left hemisphere”.The result of the 6/1/06 states: “A well defined potential is recorded over the left hemisphere with a normal latency for age. The response over the right hemisphere is absent”and on the 7/1/06 states “there remains a clearly defined response over the left hemisphere with normal central conduction time. The response remains absent over the right hemisphere”.There are hospital notes dated 6/1/06 by neurologist Rakesh Patel, who suggests that the response of the SEP on the 6/1 in regard to the right hemisphere could be because Melissa was cooled at the time.
Patrick Kelly says on page 3, that at Tauranga “it was clear at once that Melissa’s prognosis was likely to be very poor, and she was likely to die”. This is totally untrue from what I have seen on the internet. He is making excuses for them taking 9 hours to get her into surgery and 11 hours to get the subdural haemorrhage removed that led to a poor prognosis.
How does it make you feel to know your lives and your loved ones lives are entrusted into the care of medical experts such as this?
On the 7th Jan 2006 at 0050 hours, Melissa was reported to have had a stable day (and had been stable since her operation), coughing and “withdrawing her arm until a few hours ago”, yet was planned to excubate anyway. By 0645 hours she was being weaned from the ventilator and was breathing 1:1 with the ventilator and coughing strongly when suctioned. She was recorded as all important signs ‘very stable’, tolerating feeds, breathing herself, slight movement of her right hand to painful stimuli. At 1830 on this day she was reported to be moving her right arm, apparently trying to reach a tube on her left side. At 2100 she is said to be breathing spontaneously and there is concern she may survive their attempt to kill her. Her parents are lied to that if she can’t breathe totally on her own she will not be re-intubated because this shows the damage done is not compatible with life. The truth is that this only means she needed more time on the ventilator for the swelling to subside. That is the purpose of life support, to overcome the critical stage until the patient can support their own breathing. At 2130 she was again recorded as having a stable day and breathing up to the ventilator.
On the 8th Jan 2006 at 0700 hours, she was reported as having a stable night. Her right pupil was smaller and reactive. She was breathing up and coughing spontaneously. Making lip smacking sucking movements in response to pain. Flexes her arm to her shoulder.
Despite all these responses, the ventilator was turned off at 1000 on the 8th. She breathed spontaneously and was coughing. Eventually, nearly five hours later, she could not maintain breathing herself. This did not show her injury was incompatible with life. It showed she was not as badly injured as they thought and she just needed more time on the ventilator. It showed she was fighter and wanted to survive, despite their decision not to help her do so for economic and statistical manipulation reasons.
As late as the 9 January, Melissa’s notes were still showing incorrectly that she had DAI and retinal haemorrhages in both eyes. Dorofaeff the Picu registrar was still stating DAI and retinal haemorrhages in both eyes in documents, after Melissa’s death. I think this lack of conflict of information led to pressure to turn off life support, despite Melissa’s obvious responses and signs that she was not as badly injured as they claimed.
Patrick Kelly said that her movements were probably seizures, but also says in his report that the Neurologist Dr. Rakesh Patel did an EEg that showed no obvious seizure activity. Patrick Kelly also says that after the 6th of January there was no response to stimuli, despite the fact she was off all sedatives and paralysing agents, but on the 7th and 8th right up to three hours before they turned off life support, the nurses reported and documented that Melissa was responding.
Patrick Kelly still seems to insist there is DAI, despite Beth Synek concluding there isn’t.
Thumbs up to this one
Beth Synek is the prosecutions neurologist who determined microscopically there was no DAI. Patrick Kelly just thinks he’s one, along with all other medical professions he thinks he is. He’s only a paediatritian.
Lies of the luminal
Hey Jury what did you make out of Vintiner saying the luminal mark was from a male? The carpet in that house had been down for about two years. I had managed it the entire time. I KNOW for a fact that no person has bled onto the carpet at the base of the portacot in that time. The Crown and ESR said they didn’t take photos of that luminal mark, they didn’t think to. They didn’t think to measure the luminal mark or get a precise location or description of it either. They did so for the hair sample and old blood spots from Melissa picking at sores on herself that were on her mattress blanket though. They thought to do it for that. What ESR and police would go to what they consider a crime scene and not take photos of a luminal mark they find where I have told them a child fell? Are our police and ESR that incompetant? I think the photos will look exactly like Melissas cheek mark, that’s why they weren’t given over. My lawyer and I were not given any ESR results until nearly two years later. Was the luminal result they never handed over, part of what made them believe there was no suspicious circumstances and no evidence of assault and withdraw my fist charge I wonder? Vintiner was very awkward and appeared guilty under oath in her video link when she commented on it and quickly changed the subject, just as she did in her written statment. I contacted ESR Wellington, just for them to answer yes or no that the DNA analysis machines give an evidential printout (as we have never been given one) and they hedged around the question and played dumb on it. They eventually passed it on to Auckland, suspicious on its own, as this is where Vintiner works. They must have anticipated my e-mails to have sent them on to Auckland and Vintiners sister; and for the Crown prosecutor to get up in arms as soon as I contacted them. I don’t see how any DNA scientist in New Zealand can not give a yes or no answer on whether the machines they work with give an evidential printout, without having to pass my e-mails on to the police. I then was given a bail condition that I am not to contact any witness’s, their employers or their organisations. So jury what can you ‘infer’ with that? The inferring works both ways even without taking my word that the luminal mark at the base of the portacot is NOT from a male, but MUST be from Melissa.
police deceipt
While I’m mentioning police incompetance I’d like to point out that although Detective Nicholas admitted the scene drawing he did was not to scale, he did not admit that the diagram was totally incorrect. The office desk was not opposite the door of the main bedroom I was in with Melissa, as he drew it. They did not provide a photo showing the doorway, as it is clear it faces out to a wall, not a desk. My daughter sitting at the computer desk gave a statment consistent with mine in the places it was accurate; but did also have far fetched childish bits as she tried to make sense of the accident herself and fill in the spaces, which was obvious even to the police to be false. Some police and prosecutors would not consider this police incompetance as it all goes toward a conviction and sometimes that’s all they are after, come hell or high water.
Too late for Melissa’s rights
Believe it or not, I’m not after ‘passing the blame’. It would be nice to finally get some answers after four years of not having them, from the hospitals involved, I’d like to think they had good reason for doing what they did, but there are only some staff I trust to do so; and some such as Patrick Kelly or any of his peers will not be able to lay my mind to rest anyway. I know there’s a whole different discussion on the hospitals failure to treat promptly and I can easily get weather conditions to prove the helicopter could have flown and am friends with an ex rescue helicopter pilot, but I’m not going there.
‘crime’ scene interferance
The luminal mark from Melissa and the photo showing the main room doorway faces a wall, is not the only photo NOT shown to the jury, is it Detective Nicholas?
tanty from the lawyer
Rachael, you told me you quit on me partly because of going public on this website. I gave you 3 1/2 years to get justice for me, now I am forced to do it for myself. I feel if anything I have made excuses for you on this site. I can’t help it what people ‘infer’ from what I am stating here on what you didn’t act on. Have me arrested if you believe this is slander. I dare you to!
jury foreman
Jury, did you realise the jury foreman has met and talked with me prior to the trial and that his wife and I had very personal and at times heated discussions with each other? His wife is a CYFS adoptions office social worker. I had a three year struggle by correspondance with her as far as National Office level to try and get her to provide government adoption services to us that she refused to do, with no legal or valid reason. My lawyer told the judge she declined us for adoption, but this is untrue. She refused to provide a government service to conduct a homestudy. I corrected my lawyer, but she brushed it off as she does, told me it didn’t matter and did not correct the judge. It shows how my lawyer tried to preserve my integrity hah? I spent three years trying to educate the foremans wife on NZ adoption law, South Africa adoption law, NZ/SA immigration laws, Hague Convention status for both countries etc etc to try and get through to her that adoption from SA was perfectly legal and above board and that it was CYFS who for no reason were stonewalling. National Office told his wife to send us an e-mail from SA National Office, which she did not do. This resulted in unnessary further discussion with NZ national office. I heard from one of the Open Home foster parents that there was a prayer group especially set up to pray his wife out of office. So I’m not the only one who can’t stand her. She is bitter and vengeful and definately wears the pants in the relationship.
I gave her special mention in a sucide note when I made an attempt in 2006 when CYFS refused to let me be with my grieving family for months. A huge kick in the teeth for her I know. I admit I am one of those who fights the painter who puts me in the corner and stands on their wet paint. I don’t huddle in the corner cringing. I know it was a huge slap in her face to be put in that note. I know she would not have taken that happily, without wanting the last say.
Her husband happened to be on the jury, of all the people in Rotorua. My lawyer tried in vain to get him taken off the trial, the judge decided it was fine and the Crown prosecutor loved it. The Crown has my huge amount of correspondance and my suicide note. He was a huge bonus for them.
How am I not mean’t to feel this was a set up?
idealist fool
By the way, I knew for that entire three years that I could adopt by means that did not involve CYFS. I was naieve in that I assumed CYFS would encourage their involvement and support in intercountry adoption and I wanted to do an idealistic Hague Convention adoption that required their co-operation. I thought that was what they were there for and I gave our government agency the benefit of the doubt that what I’d heard of them was incorrect. Like I said I was naieve.
I had ceased trying to reason with them and had taken steps toward a section 17 adoption from South Africa (no CYFS involvement whatsoever) when my foster child had her accident. Life was looking up for me when I decided to relinquish my attempt to get CYFS co-operation for my naieve idealistic values; and get on with the adoption utilising independent people.
Kick in the teeth from them
When I was first arrested on 4 Jan 2006, CYFS kept me from being with my family for four months (I was not even allowed to hug them goodbye when flown to Wellington from Tauranga police custody). I don’t hold that against them, they were only going by police action and wanted to save face in case I had done something; but I was bailed to a friend in Wellington who had four children, the eldest 6 years, the youngest 4 months.
When I was re-arrested in May 07 I was given a bail conditon that I could not look after children under contract. In other words foster children or barnados day care etc; but I was allowed to look after anyone under private arrangement or newpaper adverts etc. Again I feel this was to save face.
So how much of a murderous maniac did the Crown prosecutor and police really believe I was?
No hope ahead
I have never been one to huddle in the corner and cower, I have always pushed the painters back and stood on their paint. I have always had enough strength to do it for a number of those who do huddle and cower also. I think people still feel I am able to do that. Not even my own lawyer could do that for me in my time of need. When all else fails I take the brush from the painters and paint the corner myself, leaving them baffled. The problem is I would sooner be dead then be one of those cringing in the corner and I don’t know if the paint will ever dry.
Hey the worm in the woodwork is about to courier me new bail conditions. What’s the bet they are I am not to blog and not to contact media or journalists. So much for democracy aye? Hope they don’t include the making of websites.
If I don’t blog again, you can ‘infer’ what the new bail conditions are.
Bail conditions still haven’t arrived. Maybe they are amending it to include the making of websites. I was only joking about that. Perhaps they know when they are crossing the line. Even if they make it a condition I am not to pass on to the media the document proof I have of all my comments on this blog, that will make the worm look stupid; as he will be letting everyone know that what I have said is true.
I’m sorry you are uncomfortable in the quagmire you made for yourself Detective Sergent Pilbrow. I’m also sorry you have made me feel I have nothing to lose and therefore that you can’t hold anything over me. Like one of your team said to me, whom I do respect, “it’s not personal”.
It’s not nice being painted into the corner is it Pilbrow and Worm? Feeling frustrated, helpless, angry with me perhaps? That is a slight bit of what I have experienced. You are lucky this is not your life, just another notch or lack of it in your belt. I feel you, like me, are not one of those that huddle in the corner and you’re definately not ones to take the brush and paint the corners yourself when all else fails.
Marion 1997, found that cooling does not lead to improved outcome for people with a GCS of 3-4. Did you give Melissa hypothermia for nothing or do you acknowledge that her GCS was higher then 4? Or are you just making up your own science as seems to be all you believe in?
Worm, am I allowed to give a journalist the court transcipt? I would love for everyone to see how arrogant and non-objective Patrick Kelly is.
It’s too late for Melissa’s rights, but for future reference: Seelig, JM, Becker DP and Miller JD. Traumatic acute subdural hematoma: major mortality reduction in comatose patients treated within four hours 1981. N Eng J Med; 304: 1511. Mortality is significantly decreased when surgical evacuation of hematoma is accomplished within four hours of injury. Yue in 1982 got similar results.
I realise these arn’t Patrick Kellys private results, so he will disagree, but I have hundreds of scientific results in my favor. No wonder the jury were not permitted to browse the internet.
CW Christian, AA Taylor, Hertle RW et al: Retinal hemorrhages caused by accidental household trauma. J Paed. 1999; 135:127. Retinal hemorrhages caused by accidental mechanisms are usually ipsilateral to intracranial hemorrhage, often unilateral, (just like Melissa’s)
What a shame my lawyer did no take heed of the scientific links I gave her and pass them on to our experts to consider.
The ‘objective’ Patrick Kelly only looked at pro abuse studies that downplayed accidental effects to the extreme. Written by people such as himself. Did you notice that jury? If he was objective wouldn’t he take examples over the full board?
It wasn’t an accident when he said people should be looked at as guilty until proven innocent in the court of law, except that his sub-conscious got the better of his tongue.
I’m sorry I take my conviction personally. I’m sorry I don’t consider it like a business transaction gone wrong like all of you get to do. I’m sorry I personally attack back.
I read a proverb a long time ago that goes something like this:
Is it OK for the innocent to go to prison so those truly guilty can have difficulty with their defense?
Is God alright with that?
I’m sorry I have to justify my conviction, but from what I see, some of you think it best that some innocent can go to prison so long as those guilty go too.
At the risk of overstepping the line yet again, I have to admit that to justify my conviction to myself I have to conclude that I was convicted so that some experts set in the olden days and old ways can carry on saying Tersons syndrome is extremely rare in children and that short falls resulting in death are very rare too; rather then have to face the fact that they are more common then given credit for.
The problem is, I now feel God is not alright with that, so neither am I.
what the jury wasn’t told
What the jury wasn’t toldIn August I was convicted of manslaughter of my foster daughter. Here’s a little of what the jury wasn’t told:The police initially laid a charge of assault and withdrew that because the ‘evidence’ did not support it’ and there was ‘no suspicious circumstances”. You can check out a story in the Bay of Plenty Times of 29 April 2006, titled “Bay foster carer cleared of assault”. Of course all previous stories have been removed from the internet. It would seem the police had substantial doubt, but the jury didn’t have reasonable doubt. The police in their excuse to re-arrest me after I made police complaints at the end of 2006 said they had new evidence. I was given none at my murder arrest interview, but finally over a year later a written statement from the neurosurgeon was given to my lawyer as the ‘new evidence’. He stated that he did a craniotomy and removed a clot. Of course this was known to police in the early hours of 5 Jan 2006.Medical experts lied on the stand. Patrick Kelly in particular, but also Dr Jones. You know Melissa did not have bruised ears, so does every other medical expert who laid eyes on her. Melissa died because of the nine hour delay before surgery, it took for Tauranga hospital to bother attempting to send her to Starship. Lies surround that too of course, and of why life support was turned off. You had no evidence of bruised ears or two impact marks either side of her head, that’s because they weren’t there, yet you put weight on that anyway. You could see with your own eyes the cold arrogance of the ambulance driver. The police did not use his partners statement because that was very much in my favor.It was said of the Bain trial that the ‘police do things differently nowadays when their low tactics came to light. I know they are better at covering it up.BTW I always believed David Bain was innocent. His hands are clean, but there were a lot of dirty hands of the authorities in his case also. People who have blind faith in those we are mean’t to have faith in and still persecute David Bain, open up the wool over your heads a crack and get real!You know where to find me if you would like to know more of what the jury wasn’t told. I have proof for you.Karen RobinsonAuckland Women’s
Injustice in NZ
BTW I always knew David Bain was innocent. His hands are clean, but there were a lot of dirty hands in the authorities in his case also. People who have blind faith in those we are mean’t to have faith in and still persecute David Bain, open up the wool over your heads a crack and get real!
Shaking for response illegal in NZ
Just realised I have not explained the shaking component of my case. I did admit to shaking in order to try and get a response from Melissa when she was comatose. I assumed she was only concussed. All the experts at my trial said how it was done did not do further injury to Melissa, but this is where Patrick Kelly got his idea from to say it was solely shaken baby. The police had my admission to this shaking well before they withdrew the first charge and said no further charges would be laid as there was no suspicious circumstances or evidence of assault.
Some Christian disguise
I just recieved the photos the jury was shown today. Plain as day what WASN’T there that they were told was, such as bruised ears and petehical grazing on BOTH sides of the head. It’s also plain as day what innocent explanation marks on Melissa were portrayed as abuse I had done also, such as cat bites and scratches on her calf muscle and hand. Remember the journal where I wrote she was going through a stage of being cruel to the cat? Think hard! There are also small bruises and puncture marks on her inner thigh. They forgot to show you the Starship hospital showing luers the staff put there. You should have seen the mess they made of her left arm trying to get veins. You just wanted someone to blame. Just like the Open Home Foundation so-called Christian lot.
Competant cops
I am not angry with the jury members. They were duped and it isn’t their fault they made an incorrect decision. That’s how the NZ justice system works. That’s why we have the shittiest justice system of all so called ‘civilised’ countries. One thing our CIB guys and Crown prosecutors know how to do really well, is manipulate peoples minds. We can be proud of them for that when all other reasons fail.
Bitter, burnt out paediatritian
Patrick Kelly said in his statement under oath that one of Melissa’s pupils was small and responding to light on the 5th of January only and that after that (page 15) that “her pupils remained fixed and dilated”; and yet there is a nursing note on 8/1/06 at 0700 hours, three hours before Melissa was taken off life support that says “left pupil remains dilated and fixed and the right pupil is smaller and reactive”. Medical research has shown that outcome is most often favourable if one eye is still reacting to light.
He also said under oath that the SEP results showed absent potential on the right side and questionable potential on the left side, but the results of the 5/1/06 state: “No response is recorded over the right hemisphere. There is possibly a poorly developed low amplitude potential over the left hemisphere”.The result of the 6/1/06 states: “A well defined potential is recorded over the left hemisphere with a normal latency for age. The response over the right hemisphere is absent”and on the 7/1/06 states “there remains a clearly defined response over the left hemisphere with normal central conduction time. The response remains absent over the right hemisphere”.There are hospital notes dated 6/1/06 by neurologist Rakesh Patel, who suggests that the response of the SEP on the 6/1 in regard to the right hemisphere could be because Melissa was cooled at the time.
Patrick Kelly says on page 3, that at Tauranga “it was clear at once that Melissa’s prognosis was likely to be very poor, and she was likely to die”. This is totally untrue from what I have seen on the internet. He is making excuses for them taking 9 hours to get her into surgery and 11 hours to get the subdural haemorrhage removed that led to a poor prognosis.
How does it make you feel to know your lives and your loved ones lives are entrusted into the care of medical experts such as this?
On the 7th Jan 2006 at 0050 hours, Melissa was reported to have had a stable day (and had been stable since her operation), coughing and “withdrawing her arm until a few hours ago”, yet was planned to excubate anyway. By 0645 hours she was being weaned from the ventilator and was breathing 1:1 with the ventilator and coughing strongly when suctioned. She was recorded as all important signs ‘very stable’, tolerating feeds, breathing herself, slight movement of her right hand to painful stimuli. At 1830 on this day she was reported to be moving her right arm, apparently trying to reach a tube on her left side. At 2100 she is said to be breathing spontaneously and there is concern she may survive their attempt to kill her. Her parents are lied to that if she can’t breathe totally on her own she will not be re-intubated because this shows the damage done is not compatible with life. The truth is that this only means she needed more time on the ventilator for the swelling to subside. That is the purpose of life support, to overcome the critical stage until the patient can support their own breathing. At 2130 she was again recorded as having a stable day and breathing up to the ventilator.
On the 8th Jan 2006 at 0700 hours, she was reported as having a stable night. Her right pupil was smaller and reactive. She was breathing up and coughing spontaneously. Making lip smacking sucking movements in response to pain. Flexes her arm to her shoulder.
Despite all these responses, the ventilator was turned off at 1000 on the 8th. She breathed spontaneously and was coughing. Eventually, nearly five hours later, she could not maintain breathing herself. This did not show her injury was incompatible with life. It showed she was not as badly injured as they thought and she just needed more time on the ventilator. It showed she was fighter and wanted to survive, despite their decision not to help her do so for economic and statistical manipulation reasons.
As late as the 9 January, Melissa’s notes were still showing incorrectly that she had DAI and retinal haemorrhages in both eyes. Dorofaeff the Picu registrar was still stating DAI and retinal haemorrhages in both eyes in documents, after Melissa’s death. I think this lack of conflict of information led to pressure to turn off life support, despite Melissa’s obvious responses and signs that she was not as badly injured as they claimed.
Patrick Kelly said that her movements were probably seizures, but also says in his report that the Neurologist Dr. Rakesh Patel did an EEg that showed no obvious seizure activity. Patrick Kelly also says that after the 6th of January there was no response to stimuli, despite the fact she was off all sedatives and paralysing agents, but on the 7th and 8th right up to three hours before they turned off life support, the nurses reported and documented that Melissa was responding.
Patrick Kelly still seems to insist there is DAI, despite Beth Synek concluding there isn’t.
Thumbs up to this one
Beth Synek is the prosecutions neurologist who determined microscopically there was no DAI. Patrick Kelly just thinks he’s one, along with all other medical professions he thinks he is. He’s only a paediatritian.
Lies of the luminal
Hey Jury what did you make out of Vintiner saying the luminal mark was from a male? The carpet in that house had been down for about two years. I had managed it the entire time. I KNOW for a fact that no person has bled onto the carpet at the base of the portacot in that time. The Crown and ESR said they didn’t take photos of that luminal mark, they didn’t think to. They didn’t think to measure the luminal mark or get a precise location or description of it either. They did so for the hair sample and old blood spots from Melissa picking at sores on herself that were on her mattress blanket though. They thought to do it for that. What ESR and police would go to what they consider a crime scene and not take photos of a luminal mark they find where I have told them a child fell? Are our police and ESR that incompetant? I think the photos will look exactly like Melissas cheek mark, that’s why they weren’t given over. My lawyer and I were not given any ESR results until nearly two years later. Was the luminal result they never handed over, part of what made them believe there was no suspicious circumstances and no evidence of assault and withdraw my fist charge I wonder? Vintiner was very awkward and appeared guilty under oath in her video link when she commented on it and quickly changed the subject, just as she did in her written statment. I contacted ESR Wellington, just for them to answer yes or no that the DNA analysis machines give an evidential printout (as we have never been given one) and they hedged around the question and played dumb on it. They eventually passed it on to Auckland, suspicious on its own, as this is where Vintiner works. They must have anticipated my e-mails to have sent them on to Auckland and Vintiners sister; and for the Crown prosecutor to get up in arms as soon as I contacted them. I don’t see how any DNA scientist in New Zealand can not give a yes or no answer on whether the machines they work with give an evidential printout, without having to pass my e-mails on to the police. I then was given a bail condition that I am not to contact any witness’s, their employers or their organisations. So jury what can you ‘infer’ with that? The inferring works both ways even without taking my word that the luminal mark at the base of the portacot is NOT from a male, but MUST be from Melissa.
police deceipt
While I’m mentioning police incompetance I’d like to point out that although Detective Nicholas admitted the scene drawing he did was not to scale, he did not admit that the diagram was totally incorrect. The office desk was not opposite the door of the main bedroom I was in with Melissa, as he drew it. They did not provide a photo showing the doorway, as it is clear it faces out to a wall, not a desk. My daughter sitting at the computer desk gave a statment consistent with mine in the places it was accurate; but did also have far fetched childish bits as she tried to make sense of the accident herself and fill in the spaces, which was obvious even to the police to be false. Some police and prosecutors would not consider this police incompetance as it all goes toward a conviction and sometimes that’s all they are after, come hell or high water.
Too late for Melissa’s rights
Believe it or not, I’m not after ‘passing the blame’. It would be nice to finally get some answers after four years of not having them, from the hospitals involved, I’d like to think they had good reason for doing what they did, but there are only some staff I trust to do so; and some such as Patrick Kelly or any of his peers will not be able to lay my mind to rest anyway. I know there’s a whole different discussion on the hospitals failure to treat promptly and I can easily get weather conditions to prove the helicopter could have flown and am friends with an ex rescue helicopter pilot, but I’m not going there.
‘crime’ scene interferance
The luminal mark from Melissa and the photo showing the main room doorway faces a wall, is not the only photo NOT shown to the jury, is it Detective Nicholas?
tanty from the lawyer
Rachael, you told me you quit on me partly because of going public on this website. I gave you 3 1/2 years to get justice for me, now I am forced to do it for myself. I feel if anything I have made excuses for you on this site. I can’t help it what people ‘infer’ from what I am stating here on what you didn’t act on. Have me arrested if you believe this is slander. I dare you to!
jury foreman
Jury, did you realise the jury foreman has met and talked with me prior to the trial and that his wife and I had very personal and at times heated discussions with each other? His wife is a CYFS adoptions office social worker. I had a three year struggle by correspondance with her as far as National Office level to try and get her to provide government adoption services to us that she refused to do, with no legal or valid reason. My lawyer told the judge she declined us for adoption, but this is untrue. She refused to provide a government service to conduct a homestudy. I corrected my lawyer, but she brushed it off as she does, told me it didn’t matter and did not correct the judge. It shows how my lawyer tried to preserve my integrity hah? I spent three years trying to educate the foremans wife on NZ adoption law, South Africa adoption law, NZ/SA immigration laws, Hague Convention status for both countries etc etc to try and get through to her that adoption from SA was perfectly legal and above board and that it was CYFS who for no reason were stonewalling. National Office told his wife to send us an e-mail from SA National Office, which she did not do. This resulted in unnessary further discussion with NZ national office. I heard from one of the Open Home foster parents that there was a prayer group especially set up to pray his wife out of office. So I’m not the only one who can’t stand her. She is bitter and vengeful and definately wears the pants in the relationship.
I gave her special mention in a sucide note when I made an attempt in 2006 when CYFS refused to let me be with my grieving family for months. A huge kick in the teeth for her I know. I admit I am one of those who fights the painter who puts me in the corner and stands on their wet paint. I don’t huddle in the corner cringing. I know it was a huge slap in her face to be put in that note. I know she would not have taken that happily, without wanting the last say.
Her husband happened to be on the jury, of all the people in Rotorua. My lawyer tried in vain to get him taken off the trial, the judge decided it was fine and the Crown prosecutor loved it. The Crown has my huge amount of correspondance and my suicide note. He was a huge bonus for them.
How am I not mean’t to feel this was a set up?
idealist fool
By the way, I knew for that entire three years that I could adopt by means that did not involve CYFS. I was naieve in that I assumed CYFS would encourage their involvement and support in intercountry adoption and I wanted to do an idealistic Hague Convention adoption that required their co-operation. I thought that was what they were there for and I gave our government agency the benefit of the doubt that what I’d heard of them was incorrect. Like I said I was naieve.
I had ceased trying to reason with them and had taken steps toward a section 17 adoption from South Africa (no CYFS involvement whatsoever) when my foster child had her accident. Life was looking up for me when I decided to relinquish my attempt to get CYFS co-operation for my naieve idealistic values; and get on with the adoption utilising independent people.
Kick in the teeth from them
When I was first arrested on 4 Jan 2006, CYFS kept me from being with my family for four months (I was not even allowed to hug them goodbye when flown to Wellington from Tauranga police custody). I don’t hold that against them, they were only going by police action and wanted to save face in case I had done something; but I was bailed to a friend in Wellington who had four children, the eldest 6 years, the youngest 4 months.
When I was re-arrested in May 07 I was given a bail conditon that I could not look after children under contract. In other words foster children or barnados day care etc; but I was allowed to look after anyone under private arrangement or newpaper adverts etc. Again I feel this was to save face.
So how much of a murderous maniac did the Crown prosecutor and police really believe I was?
No hope ahead
I have never been one to huddle in the corner and cower, I have always pushed the painters back and stood on their paint. I have always had enough strength to do it for a number of those who do huddle and cower also. I think people still feel I am able to do that. Not even my own lawyer could do that for me in my time of need. When all else fails I take the brush from the painters and paint the corner myself, leaving them baffled. The problem is I would sooner be dead then be one of those cringing in the corner and I don’t know if the paint will ever dry.
Hey the worm in the woodwork is about to courier me new bail conditions. What’s the bet they are I am not to blog and not to contact media or journalists. So much for democracy aye? Hope they don’t include the making of websites.
If I don’t blog again, you can ‘infer’ what the new bail conditions are.
Bail conditions still haven’t arrived. Maybe they are amending it to include the making of websites. I was only joking about that.
Perhaps they know when they are crossing the line. Even if they make it a condition I am not to pass on to the media the document proof I have of all my comments on this blog, that will make the worm look stupid; as he will be letting everyone know that what I have said is true.
I’m sorry you are uncomfortable in the quagmire you made for yourself Detective Sergent Pilbrow. I’m also sorry you have made me feel I have nothing to lose and therefore that you can’t hold anything over me. Like one of your team said to me, whom I do respect, “it’s not personal”.
It’s not nice being painted into the corner is it Pilbrow and Worm? Feeling frustrated, helpless, angry with me perhaps? That is a slight bit of what I have experienced. You are lucky this is not your life, just another notch or lack of it in your belt. I feel you, like me, are not one of those that huddle in the corner and you’re definately not ones to take the brush and paint the corners yourself when all else fails.
Marion 1997, found that cooling does not lead to improved outcome for people with a GCS of 3-4. Did you give Melissa hypothermia for nothing or do you acknowledge that her GCS was higher then 4? Or are you just making up your own science as seems to be all you believe in?
Worm, am I allowed to give a journalist the court transcipt? I would love for everyone to see how arrogant and non-objective Patrick Kelly is.
It’s too late for Melissa’s rights, but for future reference: Seelig, JM, Becker DP and Miller JD. Traumatic acute subdural hematoma: major mortality reduction in comatose patients treated within four hours 1981. N Eng J Med; 304: 1511. Mortality is significantly decreased when surgical evacuation of hematoma is accomplished within four hours of injury. Yue in 1982 got similar results.
I realise these arn’t Patrick Kellys private results, so he will disagree, but I have hundreds of scientific results in my favor. No wonder the jury were not permitted to browse the internet.
CW Christian, AA Taylor, Hertle RW et al: Retinal hemorrhages caused by accidental household trauma. J Paed. 1999; 135:127. Retinal hemorrhages caused by accidental mechanisms are usually ipsilateral to intracranial hemorrhage, often unilateral, (just like Melissa’s)
What a shame my lawyer did no take heed of the scientific links I gave her and pass them on to our experts to consider.
The ‘objective’ Patrick Kelly only looked at pro abuse studies that downplayed accidental effects to the extreme. Written by people such as himself. Did you notice that jury? If he was objective wouldn’t he take examples over the full board?
It wasn’t an accident when he said people should be looked at as guilty until proven innocent in the court of law, except that his sub-conscious got the better of his tongue.
I’m sorry I take my conviction personally. I’m sorry I don’t consider it like a business transaction gone wrong like all of you get to do. I’m sorry I personally attack back.
I read a proverb a long time ago that goes something like this:
Is it OK for the innocent to go to prison so those truly guilty can have difficulty with their defense?
Is God alright with that?
I’m sorry I have to justify my conviction, but from what I see, some of you think it best that some innocent can go to prison so long as those guilty go too.
At the risk of overstepping the line yet again, I have to admit that to justify my conviction to myself I have to conclude that I was convicted so that some experts set in the olden days and old ways can carry on saying Tersons syndrome is extremely rare in children and that short falls resulting in death are very rare too; rather then have to face the fact that they are more common then given credit for.
The problem is, I now feel God is not alright with that, so neither am I.