The Problem of No Crime Wrongful Convictions
We often hear stories of innocent people released from prison after being exonerated through DNA evidence. In these cases, an innocent person is convicted of a crime someone else committed. However, there is a less-discussed but no less disturbing trend in our justice system: no crime wrongful convictions. A shocking number of people are convicted of crimes that never actually occurred. These include suicides that are charged as homicides, accidental fires charged as arson, or assaults that never transpired.
Common among these are cases of injury, illness, or death in children that are attributable to rare or difficult to diagnose medical disorders. There is a cottage industry of doctors who are paid to “diagnose” children with child abuse— even though abuse is not a medical condition. In a shocking number of these cases, so-called child abuse experts ignore or explain away symptoms of disease and instead jump to conclusions about the child’s parents or caregivers. The result is children ripped from their parents and grieving parents incarcerated for crimes that never existed.
In a recent article, The Appeal took on this phenomenon of no crime wrongful convictions. It explored the case of former police officer Keith Winfield, who was convicted of burning a young child with a curling iron. A thorough medical review demonstrated that the prosecution’s version of the facts was not only unlikely, but actually impossible. Instead, it is likely the child suffered a severe diaper rash. Mr. Winfield has spent over ten years in prison over what is likely a diaper rash. He is still awaiting justice. This excellent article can be found here: https://theappeal.org/child-abuse-diaper-rash-innocence-claim/
At Gause Law Offices, we have successfully represented parents and caregivers charged with serious crimes simply because doctors and social workers jumped to conclusions instead of examining all the facts. These clients have been put through the ordeal of a criminal trial and often had their children removed from their care simply because their child had a medical disorder. This is a grave injustice. We will continue to fight for our clients and demand change to a system that would rather point fingers than seek evidence.
If you or a loved one has been charged with a crime that you believe never occurred, the qualified attorneys at Gause Law Offices are available to help. Call us at 206-660-8775.