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[return to "Texas death row inmate at mercy of supreme court, and junk science"]
1. Samoye+Eg[view] [source] 2023-09-24 13:55:32
>>YeGobl+(OP)
The way death row inmates are treated is arguably a reason to be against death row. There was also a case where a person on death row couldn’t present exculpatory evidence to prove his innocence because his last appeals lawyer didn’t do it. The Supreme Court literally decided you can prove you have evidence that proves your innocence, that you were done dirty by an incompetent lawyer, it doesn’t matter, you should still be killed.

https://en.m.wikipedia.org/wiki/Shinn_v._Ramirez

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2. boombo+8j[view] [source] 2023-09-24 14:12:55
>>Samoye+Eg
One of the other death row inmates mentioned in the article as having failed the junk science law, Kosoul Chanthakoummane, was partly convicted for hypnosis induced testimony. The appeal response on calling it junk science was, paraphrased, "hypnosis induced testimony was known to be bogus in ~2005, when your trial was. You should have argued it then."

That alone is terrible. But to make that bullshit even worse, Texas continued to use hypnosis induced testimony until 2021.

It makes me wonder when the last death penalty sentence for "shaken baby syndrome" was in Texas.

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3. lisper+cE[view] [source] 2023-09-24 16:36:16
>>boombo+8j
Why? Shaken Baby Syndrome is a real thing.

https://www.mayoclinic.org/diseases-conditions/shaken-baby-s...

[UPDATE] To those of you downvoting me, would you kindly explain why? It seems like a reasonable question to me.

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4. rossan+WL[view] [source] 2023-09-24 17:21:03
>>lisper+cE
Shaking and child abuse are obviously real things. However, the way to diagnose shaken baby syndrome has been the subject of an ongoing scientific controversy for decades. With several colleagues, we have just published a textbook about this sensitive issue [1]. I've also written about how I, as a neuroscience researcher and software engineer, came into this diagnosis [2]. Finally, an introduction to this fascinating scientific topic can be found here, with many references for those interested [3].

[1] https://shakenbaby.science

[2] https://www.cambridgeblog.org/2023/05/a-journey-into-the-sha...

[3] https://cyrille.rossant.net/introduction-shaken-baby-syndrom...

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5. lisper+PQ[view] [source] 2023-09-24 17:48:36
>>rossan+WL
OK, but that still doesn't explain the connection between SBS and hypnosis (and Texas for that matter). Is there a particular history of using hypnosis to convict innocent people of shaking babies to death in Texas and impose the death penalty on them? Is this common knowledge?

The original comment to which I was responding still makes absolutely no sense to me. And getting downvoted because I asked for clarification is making even less sense to me. I must be missing something fundamental here. (Either that or HN has jumped the shark, which I fervently hope is not the case.)

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6. Omni5c+9h1[view] [source] 2023-09-24 20:47:12
>>lisper+PQ
AFAICT The Junk Science at play here is not that SBS doesn't exist, but that the triad of symptoms is enough to definitively prove SBS.

The reference to Texas is because the subject of the article is a particular case in Texas (with references to other laws/cases in Texas like the "junk science writ" and Kosoul Chanthakoummane whose case had nothing to do with SBS). The reference to hypnosis is sort of orthogonal to SBS, it's used as another example of junk science in the article.

This section of the article is probably the most relevant:

Paradoxically, Texas is a leader in countering junk science. In 2013, the state introduced a first-in-the-nation “junk science writ” that allowed prisoners – especially those on death row – to challenge sentences on grounds of misused forensic science. It was under this law that in 2016 Sween saved Roberson from imminent death by securing a stay of execution four days before his scheduled lethal injection.

But the hope generated by the new junk science law in Texas has proven a chimera. There have been about 70 attempts by death row inmates to utilize the law and of those the number that have obtained relief is zero.

Kosoul Chanthakoummane was one of those who appealed through the junk science law. He had been put on death row on the back of three different types of junk science: hypnosis of a witness to obtain identification, bitemark analysis and a discredited form of DNA testimony.

In August 2022, Texas executed him anyway.

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