September 14, 2018, by Jerry Mitchell, Clarion Ledger
On Friday, Adams County Circuit Judge Forrest A. Johnson ordered Havard off death row after questions arose regarding whether 6-month-old Chloe Madison Britt actually died of shaken baby syndrome.
“While the evidence presented by the (defense) is not sufficient to undermine this Court’s confidence in the conviction,” Johnson wrote, “there is a cautious disturbance in confidence of the sentence, even if slight.”
Johnson vacated the death sentence and ordered a new sentencing hearing for Havard before a jury, which would decide between the death penalty and a life without parole.
“With all due respect, we think the court got it wrong,” said defense lawyer Graham Carner, who is representing Havard with Mark Jicka. “We are disappointed, but we are not done.”
Carner said he wants a jury to hear all of the evidence in the case “and not evidence that is unquestionably false and based on bad science. We have been fighting for Jeffrey for 10 years, and we will continue to do so.”
Havard has spent most of his adult life behind bars and will celebrate his 40th birthday in November.
At the 2002 trial, the state’s then-pathologist Dr. Steven Hayne testified that Chloe died of shaken baby syndrome, comparing it to a motor vehicle crash or a fall from a significant height.
But Hayne later backed off that conclusion, telling the Clarion Ledger there was “growing evidence” his shaken baby diagnosis was “probably not correct” because shaking alone couldn’t generate enough force to cause such injuries…
Justice for Jeffrey Havard 