Reminder: Hearing of Arguments for Burns Appeal
WHEN – Tuesday, August 9, 2016, at 10:00 a.m.
WHERE – Michigan Court of Appeals, Hall of Justice, Second Floor, Lansing Courtroom, 925 W. Ottawa St., Lansing, MI 48909-7522
HOW YOU CAN HELP – Your attendance at this important court proceeding would be greatly appreciated in showing your support for the Burns family.
WHAT – On August 9, 2016, the Michigan Innocence Clinic (MIC) will be arguing on behalf of Joshua Burns at the Michigan Court of Appeals in Lansing, Michigan. The MIC will be arguing that there was ineffective assistance of counsel for Mr. Burns during his trial. First, his trial counsel was ineffective for failing to challenge Dr. Bethany Mohr’s opinion. Dr. Mohr claimed that Naomi’s retinal hemorrhages were “very very highly specific” for child abuse and that Naomi’s symptoms as a whole were basically 100% diagnostic of child abuse. Science does not support this level of certainty, and these claims have been contradicted by every expert who has looked at the case. Second, the MIC will be arguing that Burns’ trial counsel was ineffective for failing to get an email exchange between Dr. Mohr and Dr. Alex Levin admitted into evidence. Dr. Mohr abruptly cut off the email exchange with Dr. Levin, a renowned ophthalmologist, as soon as Dr. Levin started disagreeing with her findings. These emails show that Dr. Mohr was not open to reconsidering her position even when faced with compelling, contradicting evidence.
In addition, the MIC will be arguing that there were evidence insufficiency and jury instruction issues during the trial. Even assuming that the record showed Naomi suffered from child abuse, there is insufficient evidence to show that Mr. Burns was the one who caused her injuries. Dr. Mohr stressed that Naomi’s fall while in Mr. Burns’ care could not have caused the injury, and in fact the injury could have occurred when he was gone or even after Naomi was at the hospital. There is zero evidence that the alleged shaking occurred on March 15, 2014 when Naomi was alone with Mr. Burns. In regards to the jury instruction issue, in order to convict Mr. Burns, the jury had to find that Mr. Burns committed a reckless act. But the trial judge refused to define what reckless was to the jury, and as a result this put Mr. Burns in a much worse position.
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Oral Arguments for Burn's Appeal Scheduled
WHEN – Tuesday, August 9, 2016, at 10:00 a.m.
WHERE – Michigan Court of Appeals, Hall of Justice, 925 W. Ottawa St., Lansing, MI 48909-7522
WHAT – On August 9, 2016, the Michigan Innocence Clinic (MIC) will be arguing on behalf of Joshua Burns at the Michigan Court of Appeals in Lansing, Michigan. The MIC will be arguing that there was ineffective assistance of counsel for Mr. Burns during his trial. First, his trial counsel was ineffective for failing to challenge Dr. Bethany Mohr’s opinion. Dr. Mohr claimed that Naomi’s retinal hemorrhages were “very very highly specific” for child abuse and that Naomi’s symptoms as a whole were basically 100% diagnostic of child abuse. Science does not support this level of certainty, and these claims have been contradicted by every expert who has looked at the case. Second, the MIC will be arguing that Burns’ trial counsel was ineffective for failing to get an email exchange between Dr. Mohr and Dr. Alex Levin admitted into evidence. Dr. Mohr abruptly cut off the email exchange with Dr. Levin, a renowned ophthalmologist, as soon as Dr. Levin started disagreeing with her findings. These emails show that Dr. Mohr was not open to reconsidering her position even when faced with compelling, contradicting evidence.
In addition, the MIC will be arguing that there were evidence insufficiency and jury instruction issues during the trial. Even assuming that the record showed Naomi suffered from child abuse, there is insufficient evidence to show that Mr. Burns was the one who caused her injuries. Dr. Mohr stressed that Naomi’s fall while in Mr. Burns’ care could not have caused the injury, and in fact the injury could have occurred when he was gone or even after Naomi was at the hospital. There is zero evidence that the alleged shaking occurred on March 15, 2014 when Naomi was alone with Mr. Burns. In regards to the jury instruction issue, in order to convict Mr. Burns, the jury had to find that Mr. Burns committed a reckless act. But the trial judge refused to define what reckless was to the jury, and as a result this put Mr. Burns in a much worse position.
HOW YOU CAN HELP – Your attendance at this important court proceeding would be greatly appreciated in showing your support for the Burns family.
SEEK JUSTICE
New Hearing for Port Huron Man Convicted of Shaken Baby Syndrome
The Michigan Innocence Clinic wins a new hearing for a Port Huron man convicted of Shaken Baby Syndrome
The University of Michigan’s Innocence Clinic have successfully argued for a new hearing to hear evidence that Terry Ceasor, a Port Huron man, was convicted based on the faulty theory that the only possible cause of his girlfriend’s 16 month old child’s head injury was violent shaking.Read more
Burns Family Case Closed
On June 7, 2016 the court granted a request by the Department of Health and Human Services that court jurisdiction of Naomi be permanently terminated. Naomi is now in the full care and custody of her parents Josh and Brenda Burns. The Burns family are grateful for the overwhelming support they received over the past 2 years.
The Michigan Innocence Clinic continues to represent Josh in the appeal of his criminal conviction. Appeal briefs have been filed and oral arguments are expected by the end of 2016 or early 2017.We will provide updates as information becomes available.
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The Syndrome Shows in Bloomfield Hills
This past weekend Josh, Brenda, Torn Family Trustees, and several local supporters had the opportunity to see the film The Syndrome in Bloomfield Hills. They also had the pleasure of meeting the filmmakers, Meryl and Susan Goldsmith. Please watch the below clip from Fox 2 Detroit.
If you were unable to join them last weekend, The Syndrome is available On-Demand or for rent or purchase on Youtube and Amazon.
Today’s Dispositional Reunification Review Results
The Burns family had a review hearing on the status of their court ordered family reunification plan. Josh was granted permission to officially move back into the family home. We anticipate closure of the DHS case in a month.
The Michigan Innocence Clinic continues to represent Josh in the appeal of his criminal conviction. This is a lengthy process and we do not anticipate further court proceedings for some time. We will provide updates as information becomes available.
The Burns family is grateful for your ongoing support.
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Dispositional Review Hearing for Family Reunification Plan
WHEN - Monday, May 2 at 1:30 p.m.
WHERE - Livingston County Judicial Center, Courtroom 3.
WHAT - This hearing will be a status report on the family reunification plan. The Burns family has been working to complete the reunification plan ordered by the court under the supervision of the Department of Human Services.
HOW YOU CAN HELP - Your attendance at this hearing would be greatly appreciated in showing your support for the Burns family.
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The Syndrome: Reminder
The Syndrome Viewing
WHEN:
Saturday, April 30th, 4:00 p.m. (Torn Family Attending)
Sunday, May 1st, 8:00 p.m.
WHERE: The Maple Theater, 4135 Maple Road, Bloomfield, Michigan 48301Read more
The Syndrome Details
WHEN:
Saturday, April 30th, 4:00 p.m. (Torn Family Attending)
Sunday, May 1st, 8:00 p.m.
WHERE:Read more
The Syndrome
WHEN:
Saturday, April 30th, 4:00 p.m.
Sunday, May 1st, 8:00 p.m.
WHERE:
The Maple Theater, 4135 Maple Road Bloomfield, Michigan 48301
WHAT: The screening of the film The Syndrome, a documentary focused on exposing the junk science behind Shaken Baby Syndrome:Read more