Torn Family addresses the U of M Board of Regents
This afternoon the Torn Family Trust and supporters went to Ann Arbor to speak to the U of M Board of Regents. Eight speakers spoke on the topics regarding the controversial actions of U of M's Child Abuse Team in making diagnoses. Thank you all for your support. Click to see the WXYZ coverage:
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What Is Shaken Baby Syndrome?
What Is Shaken Baby Syndrome (SBS)?
Over four decades ago, Dr. Norman Guthkelch first hypothesized that brain bleeding in infants could be caused by violent shaking. Over time, doctors evolved this idea into the theory that a “triad” of symptoms in infants (brain bleeding, brain swelling, and retinal hemorrhaging) was proof of violent shaking. For decades doctors have used the triad to convict thousands of parents and caretakers. Today, Dr. Guthkelch is adamant that his hypothesis is being misused, sending innocent people to jail.Read more
Today's Hearing Results
The judge heard a motion presented by the Michigan Innocence Clinic to reduce or modify Josh's sentence in order to facilitate reunification with Naomi. They also requested modifications to certain probation conditions.
The judge allowed important changes to be made to Josh's probation conditions namely, the removal of the no contact order with Naomi and the elimination of the requirement to complete a “batterer's program” through LACASA. She also gave the probation department the discretion to determine the necessity of drug and alcohol testing and to approve out of state travel for work. At this time she denied the request for a reduction of Josh's sentence. This aspect of the motion was denied “without prejudice.” The judge voiced her willingness to revisit this request pending the review of supporting documentation to be provided by the defense.
This was a difficult hearing to sit through as a supporter of the Burns family. Assistant Prosecuting Attorney, Daniel Rose, spent upwards of 20 minutes misconstruing segments of Josh's psychological evaluations which were the subject of lengthy testimony presented at the termination trial. During that proceeding it was clearly established that Josh has no significant psychological issues.
Next, the court adopted the treatment plan prepared by Josh and Brenda's attorneys in conjunction with the Department of Human Services. The most notable ruling is that family reunification will be facilitated by a local, licensed family social worker. This social worker will determine when Josh and Naomi have their first contact.
Josh and Brenda are pleased with the treatment plan and are eager to begin the process of reunification.
Review of Love to Give by Denise Johnson
Denise Johnson's book, Love to Give, was hard to put down at times. I was surprised by how engaged I became in her story. Our stories are so different but the pain is similar. Reading about the struggle Denise and her husband endured brought me comfort in a strange way. It forced me to look again at the sovereignty of God and ask myself the question, "Is God loving and good even in the most painful times?" Denise writes from a very personal place. Her story is one of loss and heartache but also of faith and joy. The story sticks with you and I found myself thinking about this family frequently. I highly recommend Ms. Johnson's book. - Brenda Burns
The book, Love to Give is a very intimate revelation of the journey into parenthood. The journey isn't always easy or simple. For some, there are unexpected trials and sacrifices even before a child becomes part of the family. Denise Johnson tells the story of how she and her husband became parents. The path was strewn with many obstacles and heartaches and she shares this in a very personal way. I'm certain that many who read this book will closely identify with some, if not all, of the obstacles, heartaches, and purely joyous moments she describes even if the empathy is relative to a different focus other than parenting. The name of the book describes the gift of love that can only be shared with a child. Denise recounts how she and her husband, Ron, were finally able to share their love with a child and how God blessed them and provided through the process. I recommend this book to anyone but especially to those who want to be encouraged to hope. - Tami Hall
You can purchase the book at Denise Johnson’s website: http://www.DeniseEJohnson.com/. Proceeds from the sale of the book will go to Torn Family Trust.
We Need Your Help
REUNIFICATION PLAN HEARING:
When: September 8th, 9 a.m.
Where: Livingston County Courthouse
How You Can Help: Please consider attending the next hearing in the Burns case where Judge Cavanaugh will finalize the plan for reunifying Josh with his family. The Michigan Innocence Clinic will also present a motion to amend Josh's probation terms and shorten his sentence.Read more
Josh's Parental Rights Decision
Judge Miriam Cavanaugh rendered her decision today regarding Josh's parental rights. She recognized that Josh has been more compliant and involved in trying to regain a relationship with Naomi than many fathers who have been in her courtroom. She acknowledged that Naomi is doing well and decided it is in Naomi's best interest to be reunited with her father. This means Josh’s parental rights will NOT be terminated. He will, however, be required to participate in a reunification plan devised by DHS with input from Josh and Brenda's attorneys. The plan will be presented to the court for approval at a hearing on September 8th. The reunification plan will involve various types of counseling and other requirements that Brenda and Josh must comply with before full reunification occurs. It is unclear if josh will be allowed visitation with Naomi while in jail.
Tune in to Channel 7 WXYZ news tonight at the 5 or 6:00 hour to see an interview and a news report on today's proceedings. Please comment on the report and share it after it is posted to WXYZ'S website. Also, please Facebook like and tweet the newscast.
The Michigan Innocence Clinic out of U of M Law will be moving forward with Josh’s criminal appeal once the local court files the criminal trial transcripts. The court has missed multiple deadlines for filing the transcripts.
Thank you for your continued support and prayers. Please share the Burns story as they fight to seek justice and put their family back together.
July News Updates
TERMINATION DECISION: Wednesday July 29th, Judge Cavanaugh will render her decision regarding the termination of Josh's parental rights. This hearing will be held at the Livingston County Courthouse in Howell at 8:30 a.m. Friends, family, and supporters are encouraged to attend the hearing in support of the Burns family.TERMINATION DECISION: Wednesday July 29th, Judge Cavanaugh will render her decision regarding the termination of Josh's parental rights. This hearing will be held at the Livingston County Courthouse in Howell at 8:30 a.m. Friends, family, and supporters are encouraged to attend the hearing in support of the Burns family.
DR PHIL SHOW: The Dr. Phil Show will be rebroadcasting the Burns interview Tuesday July 28th on CBS. If you missed it the first time be sure to tune in and post your comments on Dr. Phil’s Facebook page, Twitter, and website.
TRANSCRIPT UPDATE: The Michigan Innocence Clinic has notified the Burns family that trial transcripts have still not been filed. This continues to be a source of disappointment for the Burns family. The Michigan Court of Appeals is now requiring the filing of a motion to compel transcripts.
FALSE SBS CONFESSIONS EXPLORED: Dr. Douglas Smith explores the important topic of false confessions in SBS (Shaken Baby Syndrome) cases. There has never been a witnessed shaken baby event wherein the triad of symptoms commonly associated with SBS was present. This is problematic for those that assert that the triad alone is sufficient to prove abuse. Consequently, they point to confessions of past SBS cases to prove their science. Although the Burns case does not involve a false confession, we hope to show that existing confessions do not prove the validity of the triad when diagnosing SBS. Dr. Smith, a retired University of Michigan pathologist, clearly and concisely outlines the tactics used by law enforcement and child abuse pediatricians. His article can be found here.
Denial of Josh's Bond Request
Today Judge Miriam Cavanaugh denied Josh’s request for bond during his appeal. She stated that the defense cannot prove there are appealable issues without access to the criminal trial transcripts. The defense was not able to review the transcripts because they have not been produced. It is the responsibility of the court to provide these documents. They were due on June 23rd, however, the court requested an extension. As a result of today’s ruling, Josh returned to jail to continue serving his unjust sentence.
Please keep the Burns in your thoughts and prayers as they deal with yet another denial of justice in their case. Tonight, WXYZ Channel 7 will air a spot on the result of today’s hearing.
Influential Michigan Innocence Clinic to Handle Josh Burns’ Appeal
Torn Family Trust is pleased to announce that the Michigan Innocence Clinic at the University of Michigan Law will handle the appeal of Josh Burns’ 2nd Degree Child Abuse conviction. The Michigan Innocence Clinic specializes in working to overturn wrongful criminal convictions that are not based on biological evidence (DNA). The Michigan Innocence Clinic is the nation's first exclusively non-DNA innocence clinic. They are a respected authority on the flawed science surrounding many Shaken Baby Syndrome cases. All cases handled by the clinic are funded through donations to the program at no expense to the defendant.
The Michigan Innocence Clinic is co-directed by Professor David Moran who will be overseeing Josh’s case. Prof. Moran is a highly qualified attorney and professor who holds multiple degrees from such prestigious institutions as the University of Michigan, Cambridge University, and Cornell University. Disciplines include mathematics, physics, and law. Prof. Moran has argued six times before the U.S. Supreme Court and has won many awards for his legal work including the Justice for All Award which according to the Clinic’s website is “the highest honor bestowed upon defense attorneys in the state of Michigan.”
Caitlin Plummer is a Teaching Fellow in the Michigan Innocence Clinic and will also represent Josh in his appeal. Ms. Plummer holds degrees from Boston University and the University of Michigan. She previously worked with the University of Wisconsin’s Innocence Project which, under the direction of Keith Findley, has extensive experience working on wrongful convictions associated with flawed Shaken Baby diagnoses. Ms. Plummer has made numerous presentations on a variety of topics associated with wrongful conviction and is a published writer in the Stanford Journal of Civil Rights and Civil Liberties. To learn more about the Michigan Innocence Clinic visit their website.
The Michigan Innocence Clinic will be working in conjunction with co-counsel Katherine Judson of the Innocence Project. Ms. Judson is the Innocence Project’s Shaken Baby Litigation Fellow. According to the Innocence Project’s website, Ms. Judson “has specialized in felony cases, especially those with complicated forensic evidence. She has spoken before the American Academy of Forensic Science, as well as other conferences and seminars, on various issues related to criminal law and forensic science.” She holds degrees from the University of Wisconsin and Marquette University Law School. Ms. Judson is a leading legal expert on the flawed science associated with Shaken Baby Syndrome. We are excited and thankful that this amazing team of qualified and leading experts on wrongful Shaken Baby Syndrome convictions will represent Josh.
Motion for Release Pending Appeal Filed
The Clinic’s first motion pertaining to Josh’s case has been filed requesting that the judge release Josh from jail during the appeals process. Judge Miriam Cavanaugh will consider this motion on Thursday, July 2nd at 1:30.
Upon request, a person in Josh's situation may be released from jail during the appeals process if a judge grants their motion. If the appeal is lost then the person must return to jail to finish out their sentence. If the judge allows for Josh's release during the appeal she may set a bond amount that must be paid before his release. A bond is set with the idea that a person is less likely to "jump bail" and flee when the court is holding on to a sum of money. Throughout his entire case, Josh has exhibited a willingness to comply with all court orders so he should not be considered a "flight risk" by the court.
If the judge grants the motion for a bond release it is hard to foresee what the bond will be set at. In the case of a low bond, the amount could feasibly be paid on July 2nd and Josh will be released that day. However, there is a possibility the bond could be set high in which case his release may be delayed while we raise funds.
We are hopeful that Josh will be released from jail next week so he can focus on helping with his upcoming appeal.
Supporters are encouraged to attend the hearing to support Josh on July 2. This is not a day to protest, but rather a day to emotionally support the Burns family with our presence at the hearing.
Please share this exciting and important announcement regarding Josh’s appeal You can follow the Michigan Innocence Clinic on Facebook here. Look for upcoming updates on Josh’s appeal on TornFamily.com and the associated Facebook page and Twitter feed.
University of Michigan Health Systems Gathering
Today, approximately 80 Torn Family supporters gathered peacefully this afternoon to protest and raise awareness of the issues surrounding the diagnosis of Shaken Baby Syndrome (also known as Abusive Head Trauma). A letter was delivered to Mott's Children Hospital, which can be read here.
Many thanks to everyone who came to the event, your support is much valued in making a stand on this important issue and in encouraging the Burns family as they continue their fight for justice.
Direct link to the WXYZ coverage here.