Anyone remember the Folbigg case?

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a recent review of case material demonstrates that Folbigg's trial was tainted by unreliable, misleading and now outdated medical evidence.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


 


 

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Anyone remember the Folbigg case?

*pepe
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the biggest issue i have with this is that she was found guilty based on her writings which are open to interpretation, and not hard medical or scientific proof, in fact the autopsy results seem to point more toward innocence than guilt.


 


 


 


 

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Anyone remember the Folbigg case?

sea_jay61
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After reading most opinions and diary links put up for this case one thing strikes me as a common mantra.  She always wanted a chance to do better next time. 


This is a woman who always wanted to better herself and lives with the belief that she gets a second, third, fourth and now 5th chance at it.  Her comment 'Because I've learnt that hope can destroy as much as enliven ... and I want to know if I should have some hope.'  seals it for me. 


 


She's a nutter and really believes that every time she flipped out she could do better next time round and cope.  She has a mental illness and as sad as it is that she is locked up I'm glad she does not have the freedom to bring more children into her world that might be of risk.

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Anyone remember the Folbigg case?

Or if a person like that who couldn't cope with babies.. their constant need for attention, the crying, having to give up their own life (unable to just get up and go out when you please when have a baby/child)  etc and did kill 2 of them, why would they want more of the same?


 



Without giving an opinion one way or the other on the Folbigg case, I think I can explain why someone in that situation could keep on having more kids.


For a woman with the kind of background Kathleen Folbigg had It's about needing love - having a desperate need for someone who will love you totally and unconditionally, without ever demanding anything of you.


 


Unfortunately babies are not like that. when they are tiny they don't love you they need you and their needs are overwhelming and incessant. You cuddle them and they throw up all all over you. You feed them and walk the floor with them for hours at night till they finally fall asleep, you put them down in their cot, crawl back to bed, and five minutes later they''re screaming again. Most mothers understand this, but to a severely emotionally damaged woman it can seem like a real slap in the face. They get angry because 'that's not the way it's supposed to be - they're supposed to love me, not reject me and hurt me like this.


 


But after each 'accident' (and I suspect they do convince themselves it was an accident) they go through the whole thing again because this time it is going to different. This time they they'll get it right and have a perfect little baby who smiles and coos and loves them to bits and never wears them down or tries their patience or craps and spews all over them.

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Anyone remember the Folbigg case?


For true crime lovers, here's another case ... I heard it on the radio this morning.


 


http://www.abc.net.au/radionational/programs/hindsight/tit-for-tat-the-story-of-sandra-willson/3668044


 


 



 


Thanks Katy, reading and listening now.

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Anyone remember the Folbigg case?

Murder, Medicine & Motherhood, written by a Canadian legal academic called Emma Cunliffe. Cunliffe spent six years researching Kathy’s case and concluded she shouldn’t have been found guilty based on the evidence presented in court. It makes compelling reading.


 


Cunliffe, to her credit, hasn’t stopped at writing a book about Kathy’s case. She’s speaking to barristers and law firms, searching for experts prepared to work pro-bono to fight for Kathy’s case to be reopened.


 


In addition to the points Cunliffe raises in her book, there have been calls for a review of all successful cases – including Kathy’s – run by Crown prosecutor Mark Tedeschi, following criticism of his handling of the Gordon Wood case.


 


Tedeschi was the Crown prosecutor in the Kelli Lane case also.

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Anyone remember the Folbigg case?


the biggest issue i have with this is that she was found guilty based on her writings which are open to interpretation, and not hard medical or scientific proof, in fact the autopsy results seem to point more toward innocence than guilt.


 


 


 


 



yes, have to agree with that, I can't understand a jury convicting her. I would not bne able to decide so lean towards innocent.

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Anyone remember the Folbigg case?

katy here's another one


 


http://www.marktedeschi.com/eugenia-2

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Anyone remember the Folbigg case?

they go through the whole thing again because this time it is going to different.


 


Yes, I think that was the case here also. She  thought she would get an easier, calmer baby next time. According to her diary she much preferred Laura (lived 10 mths) as a baby compared to Sarah (lived 19mths).

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Anyone remember the Folbigg case?

According to her diary she much preferred Laura (lived 10 mths) as a baby compared to Sarah (lived 19mths).


 


That sounds so damning doesn't it? But is it really??


 


I often jokingly tell people that my daughter was a PITA from the moment she was born. Why couldn't she have been more like my son who was a beautiful baby - so calm and easy to handle? 


 


If I had been putting pen to paper in  a personal journal all those years ago, I would have been writing things along the same lines - that I preferred my son as a baby than I did my daughter. Doesn't mean I love one less than the other.

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Anyone remember the Folbigg case?

sea_jay61
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Yeh sorry it is damming. I haven't lost a baby but I am dam sure if I did I would not compare them.

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