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a recent review of case material demonstrates that Folbigg's trial was tainted by unreliable, misleading and now outdated medical evidence.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 10:18 AM
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?
Because asphyxiation can occur without another person around. So a definite COD cannot be determined. Having said that, many, many CODs (in babies) stated as, "undetermined, SIDS, unknown cause, etc.) are actually infanticide, but cannot be proved as such, even with today's state of the art autopsies and forensic science.
Also sometimes in small country areas, it has happened that the person performing the autopsy is a junior doctor with little experience, or a very senior doctor who believes the "story" given by the parent. Thankfully now, if there is even the slightest suspicion, a pathologist from the city is sent to these areas.
on 03-02-2013 10:18 AM
:^O.. another one that needs an appt with an optometrist.:^O
on 03-02-2013 10:19 AM
I haven't read too much lately so perhaps I have forgotten but my recollection was that no-one had questioned the babies deaths until the he handed over the diary to the police. Then she was arrested.
on 03-02-2013 10:19 AM
Post 21, to az.
on 03-02-2013 10:40 AM
I think it would horrendous to have your babies die.
It would do your head in and most mothers would blame themselves.
Mothers blame themselves for miscarriage. Chances are they would blame themselves for infant death as well.
on 03-02-2013 10:46 AM
:^O.. another one that needs an appt with an optometrist.:^O
:^O
been not too long ago...but I was joking... it was actually inattention... and the thought of mowing. Done now.
on 03-02-2013 10:49 AM
the diary entries in that link, read on their own and out of context and with the mother being a murderer in the back of your mind are pretty damning.
read in context with no preconceived notions they could be a grieving mother feeling incompetent and not knowing which way to turn.
on 03-02-2013 10:56 AM
If you read that link from A3, The autopsy was finished before midnight. The next day, Cala phoned the investigating detective, Bernie Ryan. "I've got no proof," Cala said, "but four dead kids in the one family in Australia is pretty uncommon and you need to go and ask a few people a few questions, Bernie."
It took 4 years and he had nothing until the diary.
on 03-02-2013 11:02 AM
the diary entries in that link, read on their own and out of context and with the mother being a murderer in the back of your mind are pretty damning.
read in context with no preconceived notions they could be a grieving mother feeling incompetent and not knowing which way to turn.
I think any mother that has had her babies die would be slowly going insane, both with grief and self blame. Imagine having to face the world and the mirror every day. Every day wondering what you could have done differently. Every moment wondering why your babies? What did you do so wrong to deserve such punishment?
Then one day, if you haven't already died of sadness, you kill yourself.
on 03-02-2013 11:04 AM
I haven't read too much lately so perhaps I have forgotten but my recollection was that no-one had questioned the babies deaths until the he handed over the diary to the police. Then she was arrested.
No, questions were raised at the autopsy of the 3rd child - was sent to an expert in infanticide autopies - had done over 2000 - same man did the autopsy for the 4th - and admitted that he had trouble keeping an open mind i.e. he shouldn't be linking the history to this autopsy, he tried not to, but couldn't stop thinking about it - he did find a medical problem - mild myocarditis, but determined it was not the cause of death and wrote unknown, leaving the path clear for a murder investigation...
(This is from memory because of what has just happened)
Now, between when I first bought up the case and ther sentencing hearing on CaseBase, and now - the cases both seem to have been removed......
Not sure what that is about - will try again soon incase it's a glitch with CaseBase - but I haven't seen that happern before....*shrugs*