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The jury consists of twelve persons chosen to decide who has the better lawyer. -Robert Frost

BENNINGTON Vermonts famous Poet-Laureate might not have been too far off in his tongue-in-cheek comment. Preconceived notions by jurors and expectations on how things should look and work can sometimes muddy the waters of what the reality often is. Pop culture - movies, books, and true crime television - can foster unrealistic expectations of courtroom drama, leaving prosecutors and defense lawyers far short of those preconceptions and adding to the misunderstandings.

Last week in Bennington, the four-day trial of a 51-year-old male accused of sexually assaulting a young child repeatedly for several years ended in a mistrial. The jury made up of three women and nine men were unable to reach a consensus in one direction or the other on the fate of the defendant.

The Banner sat down with one of those jury members and spoke about what happened inside the deliberation room, what evidence made any impact, what the jurors were missing, and what - if anything - could have made a difference.

Wayne Powers, 55, was arrested in 2019, accused of three charges: repeated aggravated sexual assault of a child, sexual assault of a victim under 13, and lewd and lascivious conduct with a child.

According to police affidavits and the live testimony of the alleged victim at last weeks four-day trial, the abuse occurred between 2012 and 2017. It was not reported until 2019 because the child was scared to say anything.

It took five years for the trial to take place. After a four-day trial and four hours of deliberations, the jury sent a note informing the judge they were hopelessly deadlocked.

John Clift, 76, a first-time juror from Manchester, was one of those jurors. He reached out to us after the mistrial to talk about what happened.

This was one of the more disappointing things I've ever experienced, Clift said. It was poorly run by both attorneys. I wouldn't want them to advise me about how to tie a shoe.

Clift told us the main issue for him and several other jurors was not the testimony, or evidence - but the presentation of their message and the delivery of said evidence. That, he told us, made a big difference.

I thought that the attorneys were just horrible, Clift said. The prosecuting attorney was mild-mannered. I'm sure he's a nice man. I assume he's knowledgeable of the law, but there was no commitment or display of passion.

"Presentation goes a long way in all situations. And I thought his presentation and his demeanor and so forth was horrible. The defense attorney was slightly better, but it was much referring to notes without any flow, no effective storytelling. No compassion for the case.

We definitely deal with this all the time, said Bennington County State's Attorney Erica Marthage, when told of Clift's comments. The popularity of true crime shows, you know, started with shows like CSI (Crime Scene Investigation)."

Marthage said the reality is that the overwhelming number of cases they deal with, particularly violent crimes, have very few independent witnesses. And they typically have very little science-based evidence.

We talk about it in training new attorneys, Marthage said. It's very difficult to overcome what people expect they're going to see when they walk into a courtroom because it's been dramatized on television for so many years.

When asked what was going through his mind during the presentation of evidence, Clift said he thought the witnesses were "okay," maybe a 3 or 4 out of 10, but that the whole case lacked any passion. He went into the deliberations unsure of guilt or innocence. Clift said the jurors took an initial vote right after getting the case. That first vote was 7-5 in favor of acquittal.

I thought everything was pretty good. I mean, there were lots of intelligent people in that room. People wanted to be sure.

He said the only contentiousness came regarding the grandmothers testimony, with one person in particular becoming very outspoken about her.

He told us that the grandmother could not be trusted, that he knew her or something like that, not personally, but he knew of her and had heard various things.

Clift said after that first vote, they deliberated for about an hour back and forth and then had another vote which leaned more toward an acquittal, 10-2, with two people holding out.

The jury then requested to review the taped interview of the then-7-year-old victim. After the jury saw the video for the second time, another vote was taken. This time, it was 8-4 in favor of acquittal. At that point, Clift felt the jury was deadlocked and that no one was going to change their mind. When asked if he feels the jury gave it enough time to reach a verdict, Clift said a definite Yes.

My attitude at that point is, I think what's best for this young boy is that there is a mistrial. Hopefully, a second shot at this brings more evidence that can be collected, and a better job can be done. I just thought the whole thing with the lawyers was so bad. I just thought these guys were incompetent.

"My overall opinion was, 'This is just ridiculous. Nobody on either side is really being represented.' It was such a lack of evidence. The guy could be completely innocent. A person's life is at stake. Both lives are going to be imperiled by whatever the result is. It was a horrible situation. The presentation of that evidence is critical because we don't know, right?

This has been a horrible experience because of the two lawyers, Clift said. I just think the system that produces this kind of expertise in this critical situation with lives involved was horrible. On a scale of 1 to 10, it's a minus three. They were both poorly represented and deserve much better treatment on behalf of the system.

"If this actually happened, it's horrible for the young boy. Hes got to live with that for the rest of his life. If Mr. Powers is innocent, I mean, how horrible is that? I feel empathy for both sides, because it was so poorly handled, in my opinion. I just didn't feel anything from them (the lawyers). It just wasn't a passionate argument. It was a little detached. Thats a shame.

Marthage says there is variability in how attorneys present their cases, but Hollywood-esque histrionics shouldn't replace simple presentation of facts to the jury.

Everyone has a different trial demeanor, Marthage said. We are supposed to bring trial cases on the evidence and the information we're presenting. Some trial attorneys are more passionate in their presentation than others. Frequently, that can get in the way of a fair and just trial. The cases that end up being appealed or end up being post-conviction relief cases are the ones where you have an attorney that's essentially like someone you would see on TV.

Marthage cited the Leonard Forte case, also involving the sexual assault of a minor, as a good example.

The trial judge overturned Forte's conviction because he said that the prosecutor cried and was 'overly emotional.' It's our job to present the facts and only the facts. At the end of the day. It's about the facts. The fact is people expect these things. This is what we're dealing with. It's frustrating. A lot of time and energy went into presenting that trial. Everybody presents things differently.

"This is a tough topic: child sexual abuse. It's one of those that you're not going to have physical evidence in many of these cases. Often, its just the statements of the victim. That is the evidence. That's a matter of law, and that's something that is very difficult to overcome when we have everyone that watches too much TV and listens to True Crime podcasts.

For now, Powers is a free man. Prosecutor Alexander Burke told the Banner soon after the trial ended that he intended to re-try the case, but there is never a guarantee that a new trial will happen. Witnesses sometimes change their minds or refuse to testify, stories can change, defendants may pass, and evidence can fade with time and memory. There is also no guarantee that given time, there will be any different result.

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Inside the jury room of a recent child sexual assault trial What ... - Bennington Banner

Update, 3:20 p.m. Police confirm officer-involved shooting

The DeLand Police Department confirmed a shooting that occurred earlier today, Aug. 25, was an officer-involved shooting that left one adult male dead.

No officers or deputies are injured, the department said.

Police did not confirm which law enforcement agency fired the shots that left one man dead.

AAMCO Transmissions & Total Car Care Manager Chris Knecht was inside his store when he heard shots fired.

We all hit the floor, he said.

Looking out the window of the business, Knecht reported, Theres a guy dead right out in the middle of the street, lying under a blanket.

Woodland Boulevard remains closed from Voorhis Avenue to Euclid Avenue.

Original story:

The DeLand Police Department is investigating a shooting that occurred earlier this afternoon near the intersection of Woodland Boulevard and Euclid Avenue.

There is no active shooter, city officials said.

The city could not confirm whether anyone was injured. Woodland Boulevard is closed near the area so police can investigate.

According to people who were nearby at the time, the shooting is believed to have taken place near the AAMCO Transmissions & Total Car Care shop at 460 S. Woodland Blvd.

Manager Chris Knecht said he was working earlier today when he heard a shot just outside of the shop.

We all hit the floor, he said.

A crime scene investigation truck in front of the auto shop is just one of the many vehicles that make up the heavy police presence near the intersection of Woodland Boulevard and Euclid Avenue. Volusia County Sheriffs and DeLand Police officers, detectives and a mobile crime scene unit were present on the scene.

Drivers are asked to avoid the area.

This is a developing story and will be updated when more information becomes available.

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DeLand Police investigating shooting Downtown, no active shooter ... - The West Volusia Beacon

Minister for Health, Mental Health and Ambulance Services and Minister for Women The Honourable Shannon Fentiman

The rebuilding of Queenslands DNA and forensic services has taken a significant step forward with the recruitment of eminent scientists and the start of consultation on a proposed framework to govern Forensic Science Queensland.

The Palaszczuk Governments Workforce Attraction Incentive Scheme has led to the appointment of three leading scientists to senior management roles.

The three scientists bring with them a combined experience of more than 50 years in forensics, with backgrounds in biology, crime scene investigation and human remains identification.

The appointments form part of FSQs push to attract the best and brightest talent to help position the organisation as a leader in DNA and forensics analysis.

The addition of new scientists comes amid the start of consultation on the draft Forensic Science Queensland Bill, which aims to support the functions of FSQ.

Consultation is being undertaken with key stakeholders in criminal justice, forensic science, health and victim support groups, who will all have the opportunity to provide feedback on and inform the progress of the draft Bill.

Quotes attributable to the Minister for Health, Mental Health and Ambulance Services and Minister for Women Shannon Fentiman:

Rebuilding Queenslands DNA and forensic services to the highest standard is a complex and challenging task, but todays announcements are a significant step towards achieving this goal.

The appointments of the three individuals speak to their desire to contribute toward our vision of delivering a DNA and forensic service that sets the benchmark for others to follow.

As with any organisation, the success of Forensic Science Queensland (FSQ) will hinge significantly on building a team of respected and qualified experts in their fields.

The Queensland Government has been clear in its commitment following the Commission of Inquiry: we want to restore the publics confidence in DNA and forensic services.

It is why we are investing more than $95 million to manage the body of work stemming from the Inquiry, building FSQs foundations and recruiting the right people to help the organisation succeed.

Quotes attributable to Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence Yvette DAth:

Restoring confidence in Forensic Science Queensland (FSQ) and its role within the justice system is a key commitment of the Palaszczuk Government.

It was never going to be a quick process, but these new appointments show the Queensland Government is making progress.

The Government has always said we would rebuild FSQ from the ground up and leave Queensland with a facility that was the envy of the world, and this is just the next step in achieving that goal.

Work is well underway to draft the Forensic Science Queensland Bill, which will provide a statutory scaffold responsive to the Commission of Inquirys recommendations.

The Palaszczuk Government looks forward to hearing feedback from stakeholders on the draft Bill.

ENDS

Media contact Natarjsha Kramer 0456 436 934

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Key progress made in rebuilding Queensland's DNA and forensic ... - Media Statements

COLORADO SPRINGS The University of Colorado, Colorado Springs (UCCS) received a donated collection of stone tools as old as 300-thousand to 600-thousand-years-old in July of this year. The collection is housed and curated by the university's anthropology department.

Nearly 1,000 of a 1,500 tool collection were provided by Tony Berlant, a California-based artist, who collected the artifacts over his lifetime.

Dr. Thomas Wynn, a Distinguished Professor Emeritus of Anthropology at UCCS and a long-time friend and colleague of Berlant's, assisted with the acquisition of the collection amid Berlant's declining health.

Dr. Thomas Wynn

Wynn said he has been studying artifacts like the ones donated to UCCS since 1975.

"Archeology is really a set of methods for recovering ... it's like crime scene investigation," said Wynn.

He said it is pieces of expression from the past, like those in the collection, that enable the understanding of modern artistic experiences.

Dr. Thomas Wynn

Wynn compared the different artifact sizes, shapes, and materials to the sizes, shapes, and materials of modern technology like phones, vehicles, and clothing.

"Whoever made this was making an expression of his or her impulse to create," said Wynn.

Pieces of the collection can be viewed on display at UCCS' Centennial Hall.

"There's some connection I have with the Neandertals who collected [these tools] ... Some things are very old and are just embedded very deeply in our consciousness," said Wynn. ____

Watch KOAA News5 on your time, anytime with our free streaming app available for your Roku, FireTV, AppleTV and Android TV. Just search KOAA News5, download and start watching.

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600-thousand-year-old stone tools inherited by UCCS from artist - KOAA News 5

MEDIA COURTHOUSE Testimony concluded Tuesday in a Post-Conviction Relief Act hearing for three men seeking a new trial in the murder of a 70-year-old woman in 1997.

Derrick Chappell, 41; Morton Johnson, 42; and Samuel Grasty, 46; claim they had nothing to do with the death of Henrietta Nickens inside her home on the 3200 block of West 10th Street in Chester on Oct. 10, 1997.

Chappell and Grasty each received life sentences after being convicted of second-degree murder in jury trials, while Johnson received a de facto life sentence of 99 years after being convicted of second-degree murder in a bench trial.

They were 15, 20 and 18 years old, respectively, when the crime occurred. Chappell was later resentenced to 28 years to life after the U.S. Supreme Court retroactively changed the rules for sentencing minors.

The defendants have presented what they say is new exculpatory DNA evidence, though the Delaware County District Attorneys Office maintains it is merely cumulative evidence that was already known to two juries and one judge when all three men were convicted in 2000 and 2001.

Nickens daughter discovered her mothers body on the floor between the living room and bedroom of her apartment about 2 p.m. on Oct. 10, according to petitions filed by attorneys representing the three defendants.

The apartment was in disarray and Nickens appeared to have been beaten about the face and head. There was a large amount of blood on her bed, floor and a nearby wall, and her underwear was found lying on the floor.

Dr. Dimitri Contostavlos, medical examiner for Delaware County at the time, opined that Nickens died when the multiple blunt force injures she received, likely from a fist, aggravated her underlying lung and heart disease. He estimated her time of death was between 10 p.m. and 2 a.m.

Contostavlos also discovered a minor injury to the victims vagina and semen inside her rectum. He opined that the semen had likely been deposited within 24 hours, though he was unable to determine if it had been left pre- or post-mortem.

Contostavlos testified at Grastys trial that there was no evidence of trauma to the anus or evidence the victim had been anally raped, though Nickens daughter was adamant that her mother, who lived alone, did not have a boyfriend.

Investigators additionally found a green jacket at the scene on top of a television that Nickens daughter said was not there when she had visited her mother the night before. A baggie of cocaine and chewed plastic straw were found inside a jacket pocket.

No DNA or other physical evidence was found at the scene tying the defendants to Nickens murder.

Common Pleas Court Judge Mary Alice Brennan on Tuesday heard from Professor Timothy Palmbach, a crime scene investigation expert, and Pennsylvania State Police Forensic DNA Science Supervisor Jeffrey Fumea.

Palmbach, testifying for the petitioners, said that a previously unidentified stain on the bedsheet had been tested in 2022 and found to contain blood from the victim and semen from an unknown man identified as Unknown Male #1.

Though it was known when all three defendants were tried that there was DNA from another unknown person at the crime scene, Palmbach said this stain undercut prior prosecution theories that the beating and semen were not connected.

Former Deputy District Attorney Michael Galantino acknowledged during Chappells trial in 2000 that the DNA was a mystery and posited that the defendants had planted that evidence or returned later with another, unknown person.

But Palmbach said that based on his prior testing in 2006 and 2008, the blood, urine and semen making up the stain all had to be in a liquid form at the same time before soaking into and fixing to the bedsheet, undercutting the theory that the semen was left at some point before or after the assault.

Palmbach told Grastys attorney, Paul Casteleiro, legal director for the nonprofit Centurion in Princeton, New Jersey, that if the semen had been left on the sheet alone, it would have dried into a crusty stain with a peripheral edge.

Instead, he said, it mixed with wet blood and what he expected was urine, though that substance was not tested. He said urine is often expelled during assaults and that he had testified in about a dozen cases where he had seen similar stains.

They are mixed together while theyre still in their liquid form before theyve had time to soak into and then fix and dry on the bedsheet, he said. So that means with a reasonable amount of scientific certainty that at the time the victim was bleeding as a result of the beating, there was also a deposition of semen and a deposition of urine, and that all three took place very contemporaneously with one another.

Palmbach also opined that semen from the same unknown male found on the jacket was likely not deposited during the assault on Nickens, but it did contain DNA of more probative value in touch DNA left behind by the habitual wearer, identified as the same unknown man.

Palmbach said the assault likely began as Nickens was standing next to the bed. The first few blows to her head would have gotten the blood flowing, he said, which then transferred to other surfaces through impact spatter from subsequent blows, swipe transfers of a bloody object touching another object. Other directly vertical drops likely occurred as Nickens was being controlled from behind while laying prone, face-down, with her head between the bed and wall, he said.

On cross-examination by Assistant District Attorney Sarah Vanore, Palmbach acknowledged nearly all of the evidence he reviewed had been available in 2000 and 2001, except the bedsheet stain, saliva found on a straw in the jacket pocket and the touch DNA on the jacket. He said he had not reviewed any trial transcripts, spoken to any investigators or read any witness statements because they were not relevant to his examination of the scene.

Palmbach agreed with Vanore that Contostavlos found Nickens had no injuries below the neck and had testified there was no evidence she had been anally raped, but told her it was not possible in this case that the urine responsible for the majority of dilution had been deposited at some point prior to the assault due to the way the stain set.

Fumea, testifying via closed-circuit television, said that DNA samples of unknown actors in crime scenes are uploaded to a database maintained by the Federal Bureau of Investigation.

He said that the system had been updated over the years, but the sample of Unknown Male #1 would have been checked against known DNA samples in the system nearly 3,000 times over 22 years with no matches found.

On cross-examination by Innocence Project Director of Special Litigation Vanessa Potkin, representing Johnson, Fumea said there were about 1.2 million unknown contributors in that database as of November 2022. He said the fact that there had never been a hit on Unknown Male #1 did not undercut the probative value of that sample.

Brennan previously heard testimony from forensic biology and DNA expert Dr. C. Alan Keel, former director of the Forensic Analytical Crime Lab in California who retested some of the evidence in the case in 2022 using modern methods, or in some cases tested new pieces of evidence for the first time.

It was that testing approved by the Delaware County District Attorneys Office that revealed the new traces of semen on the victims bedsheet, along with DNA from that same individual on the straw in the jacket pocket and touch DNA on the jacket.

Keel previously noted Nickens underwear and nightshirt contained no traces of semen. The semen found inside Nickens was also of a fairly large quantity, he said, indicating it had been left there at or around the time of her death and had not had a chance to liquefy or leak from gravity.

Keel said there is no scientific merit to commonwealth theories presented at trial that the DNA evidence had somehow been planted or that Nickens had consensual sex at some point prior to her death. She was last seen alive about 8:30 p.m. Oct. 9 and had been on the phone with her daughter until 10:55 p.m. that night, according to the petitions filed by the defendants.

The fact that there is an abundance of semen on the anal swab which had to have been deposited at or near the time of her death and given that there is semen from the same source on her bedsheet and we have identified the source of the habitual wearer/owner of the green jacket as Unknown Male #1, and at the same time we have failed to detect any biology from any other potential person of interest as a perpetrator, in my opinion, this evidence, taken together, demonstrates that Unknown Male #1 raped and killed Miss Nickens, Keel said.

Brennan gave both sides 90 days to file simultaneous briefs for their respective positions. Both sides will also have an opportunity to respond to the others filings before she issues an order.

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Testimony concludes in hearing for three men in 1997 murder - The Delaware County Daily Times