Grant Brian Peixoto his freedom or a new trial to prove his innocence
This petition had 629 supporters
In 1997, Brian was wrongly convicted of murder for the death of a 3-year old boy. There was no physical evidence against Brian. His conviction was based on testimony of two state experts, neither of whom possessed appropriate board certification. Dr. James Weiner, the ME had no expertise in pediatric forensic pathology. With eight law enforcement officals and an ADA present at the autopsy, objectivity of the ME is also a concern. Although he did not and does not have board certification in child abuse pediatrics, the court had qualified Dr. Eli Newberger as a child abuse expert. Dr. Newberger has no credentials in forensics or pathology. Dr. Newberger admitted that he had no first-hand knowledge of any evidence in this case.
Brian’s conviction was also based on one of the many versions of events offered by Ami Sneed, the child’s mother. Although she was considered a suspect, Ms. Sneed changed her version of events several times. There are up to eight documented versions from the investigation to the trial. Her story changed until it fit with the specifications offered by the police. At that point and through her attorney Ms. Sneed offered to aid in the prosecution of an innocent man in an effort to divert the investigation from her.
In Brian's case, there are many issues of concern: the unchallenged medical evidence including the cookie-cutter testimony of state experts and missing evidence; the unrecorded police interrogations; the uninvestigated history of the mother with regard to the child's medical history and complaints of neglect; and all around ineffective legal representation both at trial and on appeal, all exploited by the media.
In addition to Brian’s family, friends and loved ones, Brian is represented by top criminal defense attorney Jennifer Fitzgerald. Collaboration efforts have also been offered by: the CPCS Innocence Program – a Massachusetts program funded by the U.S. Department of Justice to represent innocent people; the New England Innocence Project (NEIP), and leading defense attorneys with specialization in SBS/AHT cases Heather Kirkwood, and SBS litigation fellow Kate Judson of the Wisconsin Innocence Project. Also supporting Brian are nationally and internationally recognized medical experts, well respected in the evolving field of misdiagnosed child abuse and head trauma: Dr. Michael Laposata, Pathology Dept. Chair at the University of Texas Medical Branch; Dr. Waney Squier, Pediatric neuropathologist and consultant neuropathologist to the Oxford Radcliffe Hospitals; Dr. Zhongxue Hua, Forensic pathologist and neuropathological consultant, and assistant clinical professor of pathology at Albert Einstein College of Medicine, Bronx, NY, and attending neuropathology and assistant laboratory director at Jacobi Medical Center and North Central Bronx Hospital; and Dr. Chris Van Ee, Biomechanical and biomedical engineer, Design Research Engineering, Adjunct Assistant Professor Wayne State University. All of these well respected medical professionals have stated that the state’s Medical Examiner got it wrong and that to a degree of medical certainty, Christopher died as a result of (untreated) injuries he sustained when Brian was not present and the child was in the sole care of his mother.
At trial, Dr. Weiner testified that he had not seen the medical records from this fall. At the time of the Probable Cause Hearing he did not have all of the medical reports relative to the autopsy. How do establish cause of death without a relevant medical history? Brian continues to be denied the opportunity to present this new evidence in court due to technicalities of law. He has been continuously denied on procedures without the merits ever being considered. We ask you to please sign this petition to demand that our loved one, Brian be granted a new trial to prove his innocence. For more information, please click on the signature below for access to our website. Also, please visit us on Facebook, a page set up by our supporters at Injustice Anywhere.
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