on 03-02-2013 08:37 AM
Was a while ago. Kathleen Folbigg was sent to gaol for life for murdering her 4 babies over a 10 year span. They all died of suffocation or undetermined causes.
I recall the case well. She was convicted on the basis of her diary entries where she 'admitted' she felt responsible for the deaths of her babies and she felt she wasn't good enough as a mother. She also wrote about her awful relationship with her husband - he used to call her fat, he played around and she was terrified he was going to leave her.
He is the one who found her diary and handed it over to the police with an accusation of murder.
She has always said she was innocent and has appealed the case a few times. Now she has forensics experts agreeing with her.
Who knows what's true. But it will be interesting to see where this ends up.
ONE of Australia's top forensic law authorities believes the convicted child killer Kathleen Folbigg would walk free from jail if granted a retrial today - because of inaccurate evidence presented at her original trial.
Gary Edmond, a legal expert in forensic science at the University of NSW, believes a recent review of case material demonstrates that Folbigg's trial was tainted by unreliable, misleading and now outdated medical evidence.
''It is quite likely that experts provided evidence at the trial which they might not give today - and this needs to be reconsidered because you can't have someone remain in jail just because they were prosecuted at a particular point in time … especially if the science has moved on,'' he said.
''In the past few years, there have been startling revelations about problems across forensic science and medicine which should give us even more pause for what has gone in the past, particularly in controversial areas.''
Folbigg is serving a reduced sentence of 25 years after she was convicted in 2003 of murdering her children Patrick, eight months, Sarah, 10 months, and Laura, 19 months, between 1991 and 1999, and the 1989 manslaughter of her son Caleb, aged 19 days. While the causes of death were never determined, a picture emerged during the trial of an emotionally fragile mother with a personality disorder - whose damaging diary entries were interpreted as literal admissions of guilt.
But Folbigg has always maintained her innocence and Professor Edmond argues that with no scientific evidence proving any of her babies were murdered, the diary extracts alone are ''insufficient'' to keep her in jail, adding: ''They add verse but, you also have to say, they're pretty ambiguous.''
Once, four infant deaths in the same family automatically pointed to murder but as the legal academic Emma Cunliffe has demonstrated through six years of extensive research, that is no longer the case.
Doctor Cunliffe has written to the NSW Attorney-General, Greg Smith, attacking the medical research presented at Folbigg's trial as incomplete and misleading.
Dr Cunliffe cites at least eight similar cases worldwide in which mothers, in recent years, have been accused of infant murders - many of them multiple crimes. They include the Melbourne woman Carol Louise Matthey, who was charged in 2005 with smothering four children over five years. ''All the other women subjected to that form of prosecution have either been acquitted by courts of appeal or have had the evidence against them excluded by judgment,'' Dr Cunliffe said. ''Folbigg is the last one standing.''
Dr Cunliffe and Professor Edmond are not the only voices calling on Mr Smith to reopen the case. Professor John Hilton, who conducted the autopsy on Folbigg's second child, Sarah, in 1993, agrees a review is ''warranted''.
Professor Hilton, who was called by the prosecution as a witness in the Folbigg trial, said: ''We live in a changing world. Medicine and science never stand still - they progress. Now obviously, I sit on the medical and scientific side of all this … but it seems to me the conviction stood, or was based on, the diaries … which were open to multiple interpretations.''
He added: ''If you read the court transcripts, you will see that my evidence was hardly favourable to the prosecution's case.''
He added: ''While homicide was a possibility, there was no pathology evidence to support it.''
Of Folbigg's diary extracts, Professor Cordner said: ''It is well recognised that self-blame is a common response to infant death.''
While all of Folbigg's legal avenues have been technically exhausted, a spokeswoman for the Attorney-General confirmed on Saturday an application for review can be lodged under the Crimes (Appeal and Review) Act 2001.
How the case against a mother unfolded
FEBRUARY 19, 1989 Caleb dies; aged 19 days. Originally thought to have died of Sudden Infant Death Syndrome. Now deemed to have died of suffocation.
FEBRUARY 13, 1991 Patrick dies, aged eight months. Originally believed to have died of a blockage of the airways due to an epileptic fit. Now deemed have died of suffocation.
AUGUST 30, 1993 Sarah dies, aged 10 months. Originally thought to have died of SIDS. Now deemed to have died of suffocation.
MARCH 1, 1999 Laura dies, aged 19 months. Cause of death not determined.
APRIL 19, 2001 Kathleen Folbigg is arrested at home after a two-year police investigation.
MAY 21, 2003 Found guilty of murdering Patrick, Sarah and Laura and of the manslaughter of Caleb; found to have inflicted grievous bodily harm on Patrick in 1990.
OCTOBER 24, 2003 Sentenced to 40 years' jail with a non-parole period of 30 years.
FEBRUARY 17, 2005 Sentence reduced by 10 years and her non-parole period by five years. Appeal against sentence dismissed.
DECEMBER 21, 2007 Loses a second appeal in the NSW Supreme Court. Will be eligible for release in 2028, at age 61.
Read more: http://www.smh.com.au/nsw/new-science-would-let-folbigg-go-free-20130202-2dr7y.html#ixzz2JmMij2Ic
on 03-02-2013 08:41 AM
Let's hope she's no longer fertile, if she is freed.
She doesn't seem to be a danger to anyone else but her own children.
on 03-02-2013 09:05 AM
I have always wondered about this, was not convinced she was guilty but whenever I mentioned it, I was howled down....even on here some years ago.
on 03-02-2013 09:08 AM
i have never been convinced she was guilty, but then again I have never been convinced she isn't. .
on 03-02-2013 09:11 AM
I read this article dated 2 Feb '13, yesterday. From SMH as well. A longer article than the one in the OP and includes extracts from her diary.
Did she do it? Why Kathleen Folbigg may not have killed her four babies
on 03-02-2013 09:29 AM
Wow. She seems to have as much for her as against her from a cursory read. I don't agree her diary is a confession of murder, she had no idea her last baby had the heart disease and I have read things written like this from mothers whose children grew up unscathed.
As for Cunliffe, she wrote her book without contacting Folbigg. Only after she'd concluded that the criminal justice system had got it wrong did she write to Folbigg, telling her she thought there'd been a wrongful conviction. She doesn't want to discuss their correspondence because, she says, Folbigg's personal writings have been disclosed too often. "I am willing to say that I'm glad I finished the book before I spoke to her, because having now corresponded with her, I've shifted from having an intellectual belief in the proposition that this is a wrongful conviction to having a very strong, deeply felt belief that this has been a miscarriage of justice. It has become more personal ...
"The first question she asked me in response to my first letter was, 'Can you please tell me, is this just an academic exercise or is it something you care about? Because I've learnt that hope can destroy as much as enliven ... and I want to know if I should have some hope.' And for whatever reason - and I can't claim any expertise, it's more emotional than anything - that felt to me like the sort of thing an innocent person would say."
on 03-02-2013 09:39 AM
She had a bad start to her own life: Kathy had a fractious relationship with her foster mother, with whom she had lived since she was two, after her father murdered her mother. She didn't talk about her past.
on 03-02-2013 09:40 AM
I read this article dated 2 Feb '13, yesterday. From SMH as well. A longer article than the one in the OP and includes extracts from her diary.
Did she do it? Why Kathleen Folbigg may not have killed her four babies
if this article is accurate I believe she deserves a retrial.
on 03-02-2013 09:46 AM
This is paragraph 21 of the case - it is discussing Sarah
"[21] At the post mortem examination small abrasions were noticed near Sarah’s mouth. The lungs showed petechial haemorrhage, minor congestion and oedema. These signs were all consistent with death by asphyxiation by the application of mild force. Death was attributed to unknown natural causes."
How does a death get attributed to unknown natural causes when signs of asphyxiation are present?
*goes back to continue reading the case*
on 03-02-2013 09:47 AM
Just the fact that 2 of the babies actually had medical conditions should be enough for a retrial (or doubt)? and the possibility of all 4 having carditis.