NO EVIDENCE, NO JURY, NO JUSTICE

THE WRONGFUL CONVICTION OF JEREMY BARNEY

THE MEDICAL EVIDENCE

According to the State’s forensic medical exams, conducted on November 4, 2003, by a Dr. E. Kavle, none of the children of Family _X_ exhibited any injuries consistent with the family’s claims of years of violence.

Item 1

The State’s forensic medical exam shows that Angela still retained her hymen. Despite the family’s claims that Angela had been raped dozens of times over the course of years, including being raped with a wine bottle, the medical exam noted only that Angela’s hymen had a small “notch” in it. Although medical experts agree that such a notch is not uncommon among active children who are not abused, such a notch is also consistent with Carson’s molestations, as described by Angela, but entirely inconsistent with the alleged rapes.

Item 2

Family _X_ claimed that Angela was cut on her vagina with Jeff’s flint-knapped obsidian knife, and cut on her vagina with a shard of glass, in addition to being raped with Julie’s dildo and a wine bottle. Although any one of these events would have been enough to cause extensive damage to Angela, the forensic medical report noted only one, small “white linear scar” in the area of Angela’s posterior fourchette. Again this injury is consistent with what Angela called Carson’s “rubbing” (such as his zipper or belt buckle) against Angela’s privates, as she described, but is obviously inconsistent with both the number of alleged violent sexual assaults as well as the nature of those alleged assaults.

Item 3

According to CAIT’s interview with Angela, the child was stabbed repeatedly in the chest and hand. The forensic medical exam refuted this, but CAIT noted a “mark” on one of Angela’s thumbnails where the child alleged that Jeremy had stabbed her in an attempt to “drill a hole” through her thumb, so as to put a rope through it and tie her to the bed.

Item 4

When compared with Dr. D. McIntosh’s exam of Carson on October 23, 2003, the State’s forensic medical exam shows Carson’s anal and rectal injuries increased in number and severity after his last contact with Jeremy. Given that Angela’s and Jesse’s anal and rectal injuries are described by the forensic medical examiner in precisely the same terms as Carson’s, this begs the question as to who may have injured all three of the children.

Item 5

All three of the State’s forensic medicals exam show that that none of the children exhibited any injuries consistent with the family’s claims of years of physical violence. Despite the family’s allegations that Jeremy — a five-foot-eleven, 165-lb teen with an athletic build — had repeatedly punched the children, thrown them into wooden furniture, and even beat them with a baseball bat, the examinations showed that the children had no current or healed broken bones, not lacerations, not so much as a single bruise or scrape.