Hannah Overton is my niece.  Her appeal was heard on Sept 11, 2008. Her story was covered by noted investigative reporter John MacCormack for the San Antonio Express News  .  (MacCormack uncovered the truth about Madalyn Murray O'Hare's murder a few years ago.) 
ABC's 20 / 20 also did well-researched, thorough and objective coverage on her case, three parts -- Part 1, Part 2, Part 3.  Be sure to watch all 3 parts.
NOTE:  I used to not pay much attention to the false/wrongful conviction stories, like those of the Innocence Project.  I didn't want to think about it, and I believed the myth that innocent people are very rarely convicted.  Now I know better.  Pay attention -- the next case could be You, or someone you love. 
BACKGROUND....
Hannah Overton, a 32 year old mother of five children, was wrongly convicted in September, 2007 in Corpus Christi.., ..TX.... of capital murder in the death of Andrew Burd, the 4 year old boy she and her husband were in the process of adopting. She was found guilty of capital murder "by omission," also referred to as "failure to act" – by delaying in seeking medical attention for the child. Andrew died from hypernatremia, or sodium intoxication, commonly called "salt poisoning."   His first symptom was vomiting, then chills.  Hannah initially treated the symptoms, not aware of what was wrong. ....
Hypernatremia is extremely difficult to diagnose, virtually impossible to treat once it reaches a threshold point, and takes about an hour and a half before the symptoms fully manifest.  That's exactly the amount of time it was before Hannah and her husband Larry arrived with Andrew at the nearest Urgent Care clinic, having driven him there because they feared an ambulance would take too long.   Medical staff at the 2nd hospital where he was taken had to run lab tests to get an accurate diagnosis of his condition. ....
Prosecutors asked the jury to find Hannah guilty of intentionally poisoning Andrew.  The jury instructions and charge also gave them the option to find her guilty of omission – of delaying seeking medical help – without specifying that they believe that she intended or even knew that a delay would cause him harm.  The latter charge was objected to by Hannah's defense attorneys, but the judge allowed it to stand.  A poll of all 12 jurors revealed that all found her guilty of "omission," but not of poisoning Andrew.  The jury was not aware of the mandatory sentence for capital murder – which in ....Texas.... is either execution or life without parole.  She received the latter sentence. She awaits her appeal.  Oral arguments are scheduled for Sept 11, 2008.  ....
KEY POINTS: ....

1.      THERE WAS NO CRIME COMMITTED.  The medical examiner's ruling of the manner of death by homicide was inaccurate – there was insufficient evidence to substantiate that ruling.  Andrew's death was a tragic accident, and was most likely due to the combination of an underlying, undiagnosed medical condition such as diabetes which caused his body to retain sodium, and foods or other substances that he ingested on his own that were high in sodium.  The autopsy was so incomplete that we may never know the whole truth. There were several indictors of diabetes. Further, the "crime" of which Hannah was convicted is capital murder by omission or failure to act.  No such crime exists in ....Texas.... law.    Hannah & Larry Overton took Andrew for medical care within an hour and a half of when Andrew first exhibited any symptoms – vomiting and chills.  . ....

2.      POLICE & INVESTIGATIONAL MISCONDUCT (Note:  This factor cited in almost 40% of the first 74 cases of wrongful convictions from The Innocence Project per the book "Actual Innocence.")....

1.      Presupposed Guilt & Conflict of Interest   Detective Michael Hess' investigation of  the case presupposed Hannah's guilt, as evidenced by the manner of his interrogation of Hannah, and by his behavior with her neighbor with the pastor who presided over Andrew's memorial service, and by his presence at the autopsy with his police report in hand.   Additionally, the last hour of Hess' interrogation of Hannah is missing from the taped interrogation.  Hess' wife was, at the time, a CPS supervisor.  Hess was suspended from duty for 3 months for improper behavior in another, unrelated case.  His wife no longer works at CPS.  (Note:  Justice On Trial cites the assumption of guilt rather than the constitutionally-guaranteed "innocent until proven guilty" assumption as a Key Concept in wrongful convictions.)....

2.      False CPS Affadavit.  CPS filed an affidavit early in the investigation, stating that Hannah had confessed to beating Andrew and to giving him spices as punishment.  This same affidavit reports that the Overton children reported abuse.  The information was widely reported in the media.  At a family court hearing, with media present, the supposed confession and other statements in the affidavit were proven to have no basis in fact.  Detective Hess, who interrogated Hannah, testified under oath that he did not know the source of the information and could not confirm it.   The person who signed the affidavit – "Jesse Q. Garcia" – was never brought to court, never asked to testify.   He no longer works for CPS.  There was no media coverage of the fact that Hess' testimony refuted the affidavit.  Shortly after the family court hearing, the media stopped reporting the entire story, but all subsequent stories referred to Hannah giving Andrew spices as punishment and waiting for three hours to seek medical help as though those were established facts.   (Note:  Justice On Trial cites false or misleading evidence, including affidavits, as a Key Concept in wrongful convictions.)....

3.      CPS withdrew from the case, after multiple allegations of child abuse were thrown out.  After a long list of over 20 false accusations of child abuse were disproven, CPS withdrew from the case.  As Clint Rainey wrote in World Magazine:  "The agency stood to benefit from an evil Overtons scenario that trivialized its own failures to provide a well-child evaluation and state-mandated Medicaid for Andrew."  CPS failed to do a required home visit in August.   Hannah reported her concerns about Andrew's overeating and behavior problems to her adoption case worker just days before Andrew died. The adoption case worker, who confirmed Hannah's report to her and confirmed that Andrew appeared happy and unharmed and wanted to stay with the Overtons, speculated that Andrew might have PICA, a specific type of eating disorder, and promised to refer Hannah to a specialist.  The referral never came.  ....

4.      Evidence Ignored.  Per the appeal document, when police first searched the Overton, the Zatarains, sippy cup, and tumbler that Hannah had described were still there, untouched.   This would have been key evidence – if Hannah had intentionally poisoned Andrew as the prosecution claimed, they'd have the murder method right there. Those items were not collected by the police and were never analyzed.  The contents of Andrew's stomach were never analyzed.  His kidneys were not analyzed to determine whether he was properly excreting sodium.  ....

3.      DEFECTIVE OR FRAUDULENT SCIENCE ON THE PART OF THE MEDICAL EXAMINER.   (Note:  This factor cited in 25% of the first 74 cases of wrongful convictions cited in the book "Actual Innocence.")....

1.      Inaccurate Ruling in Manner of Death.  The autopsy and ruling of the death as a homicide are highly flawed, per the appeal document and the post-trial hearing.  Det. Hess was present with his police report when Dr. Fernandez conducted the autopsy.  Dr. Fernandez testified that he conducts 400 – 500 autopsies per year, far in excess of the 350 limit for accreditation.  An article in June, 2007 covered the problem of Dr. Fernandez' excessive workload - http://www.caller.com/news/2007/jun/24/me-workload/.  Expert witness Dr. Judy Melinek, board-certified in forensic pathology, testified that there was insufficient evidence to rule the death a homicide.   Fernandez' trial testimony revealed that he could not be certain the death was a homicide.   ....

2.      Incomplete Autopsy and Analysis.  Fernandez never analyzed the contents of Andrew's stomach, never examined sections of key organs under a microscope, which could have shown whether Andrew had an underlying condition that would have caused his body to retain salt, and ignored the indications of diabetes which can cause the body to improperly process sodium. ....

3.      A nearly identical case in England.  The case of Ian and Angela Gay in the death of their almost-adopted son Christian Blewitt is strikingly similar to this case:  Adopted child born to a substance-abusing mother.   Incomplete medical records.  Behavior changes prior to becoming ill.   Sudden onset of symptoms.   Initial misdiagnosis at the hospital.  Death from sodium intoxication.  Under-scalp bruising.  Adoptive parents accused of intentionally poisoning the child with salt.   The Gays were initially convicted, spent 15 months in prison, and finally were acquitted in a new trial. They wanted to testify in Hannah's case but could not get a visa because of their conviction, albeit overturned.  One of the world's foremost experts in pediatric hypernatremia (sodium poisoning) contributed information in their case and came to testify in Hannah's case, but prosecutorial delays prevented his testimony.  Here is a summary article about the Gays:  http://www.dailymail.co.uk/news/article-440053/The-unending-nightmare-Ian-Angela-Gay-speak-out.html....

....

4.      PROSECUTORIAL MISCONDUCT (Note:  This factor cited in over 30% of the first 74 cases of wrongful convictions which were exonerated by The Innocence Project.)....

1.      Brady Violation.  After the verdict, a key witness contacted the defense attorney, stating that he'd been squelched by the prosecutor. Dr. Cortes had told prosecutors early on that he believed the death was an accident ....

2.      New Evidence.  New evidence came to light after the trial showing that, contrary to what one witness testified, the EMT training Hannah had taken 10 years earlier did not include information that sodium can be toxic or how to recognize sodium intoxication.   At the post-trial hearing in November, a former classmate testified to this fact and brought the textbook from the class.   ....

3.      Improper Jury Instructions / Jury Charge.  A juror came forward in March, 2008 to say that the instructions to the jury were unclear and did not require them to believe that the defendant had any intention of harming the child.   Hannah's attorneys objected to the jury charge at the time of the trial, pointing out that there is no statute in ....Texas.... for committing capital murder by omission or failure to act, and that the charge did not require the jury to believe Hannah had any intent of harming Andrew.  Judge Longoria allowed the jury charge to stand.    A recent case in which the jury charge included two charges that were worded disjunctively, rather than as separate questions, was reversed by the Texas Court of Criminal Appeals and a new trial was ordered.....

4.      Extensive Prosecutorial Misconduct during the Trial.  It is described in the motion for appeal as "one of the rare cases which warranted a mistrial based on prosecutorial misconduct."  There were countless inflammatory statements made and repeated by the prosecution.  The court asked the prosecutors to stop using delay tactics at least 33 times.  Prosecutors' delays prevented an expert defense witness from testifying. ....

5.      False Statements to the Media & Gag Rule Violation.   Prior to sentencing, Carlos Valdez, the Nueces County District Attorney, made the following statement on television:  "In this case, Mrs. Overton killed this boy. She caused his death intentionally. It was not because of omission. She did it intentionally. This resulted in justice."  The statement is wrong for two reasons:  1) the jury poll proved that they  did not find Hannah guilty of intentionally killing Andrew, but rather found her guilty of omission; and 2) the statement was in flagrant violation of the judge's gag order. ....

....

WHAT'S BEEN DONE TO TRY TO REMEDY THIS TRAVESTY OF JUSTICE....

·        Over 20 ministers from a wide variety of denominations in ....Corpus Christi.... signed a petition to the Governor on her behalf.  That petition was followed by hundreds of letters and email to the Governor from other private citizens.  No meaningful results or responses from the Governor's office have been received to date.  ....

·        Formal complaints against the prosecutors have been filed with the Texas Attorney General.   No meaningful results or responses from the Attorney General's office have been received to date.  ....

·        Over a thousand people from all over the world are closely following Hannah's case and praying for her.  She often gets 20 or 30 letters a day. ....

·        In The Interest of Justice is a non-profit organization formed in the wake of Hannah's conviction to educate the citizens of ....Corpus Christi.... about the justice system -- http://www.itij.org/....

·        Hannah has a very capable appellate attorney, Cynthia Orr, working on her case.....

OTHER INFORMATION & REFERENCES....

·        CPS (Child Protective Services) vigorously attempted to permanently remove the other five Overton children from their family.  Thanks to capable attorneys, this was not accomplished.  The children now reside with their father and Hannah's parents. ....

·        Two articles on the website give an overview of the case – one from
WORLD magazine and one from the San Antonio Express news.  Contact us if you want a footnoted version of the SA Express News article. ....

·        The book "Actual Innocence," by Scheck, Neufield and Dwyer is one of the first to shed light on the problem of wrongful convictions in the ....US.........

·         "Truth in Justice" – http://www.truthinjustice.org/ --  has an excellent power point that dispels many myths about wrongful convictions and includes a chart from the book "Actual Innocence" on the factors that contribute to wrongful convictions. ....

·        Justice On Trial -- http://www.justiceontrial.org/ -- information about wrongful convictions nationally including Key Concepts ....

·        Dallas Morning News series – Unequal Justice – articles on innocent people who pled guilty to avoid going to prison http://www.dallasnews.com/sharedcontent/dws/news/longterm/stories/111407dnproujday4main.3ad3fee.html....
WHAT YOU CAN DO....
Let us know that you are concerned.  Go to Contact Us at www.freehannah.com or send an email to JusticeReform@gmail.com.  We'll add you to the list of concerned citizens and send you periodic updates on Hannah's case and the movement to eliminate wrongful convictions.   We guarantee your privacy and will not sell this list or contact you for any other reason.  We are not affiliated with any political party. ....

1.      Ask questions.  Contact www.freehannah.com or JusticeReform@gmail.com.   There is a lot of misinformation out there.  We will get answers with supporting documentation to you as quickly as possible.....

2.      Spread the word.  The only recourse citizens have against the absolute power of CPS, prosecutors, and medical examiners who abuse their power is the media.  Public opinion drives the media.  ....

3.      Go to www.freehannah.com.  Send an email of encouragement and/or a donation.    ....

4.      Educate yourself and your loved ones about wrongful convictions.  Review the power point at the Truth In Justice website.  If this could happen to Hannah, it could happen to anyone.  ....

5.      Prepare to take political action.  ....

a.       Learn about your local prosecutors and judges.  In ....Corpus Christi.., ..TX...., one resource is In The Interest of Justice – http://www.itij.org/.  When elections come, ask whether the candidates support actual justice or focus on achieving a high conviction rate.  The system currently rewards convictions, 85% - 90% of which are achieved by charging the worst possible crime on a suspect, then convincing them to take a plea bargain for a lesser crime.   Sometimes the sentence is probation, sometimes a shorter prison sentence.  Not all of these individuals are innocent, of course.  But of those who are, 90 – 95% take a plea bargain to avoid going to prison.   These practices result in statistics that show lots of "solved" crimes and a lower rate of the most serious offenses.   Prosecutors and judges campaign using these statistics as evidence of what a good job they're doing in the "war on crime."  Unfortunately, it's a war with considerable collateral damage. ....

b.      Support legislation that seeks to reform the criminal justice system.  Sign up so we can keep you posted.  ....