When The Prosecutor Becomes The Persecutor

June 29, 2017 Abuse and Neglect Attorney
The court should be where we go for justice. But sometimes prosecution is nothing more than persecution.
The court should be where we go for justice. But sometimes prosecution is nothing more than persecution.


One of the hardest things a person can do is prove a negative. How on earth do you provide evidence of the fact that you DIDN’T do something? (After all, there’s no evidence because it didn’t happen!) Definitely a catch 22.


Yet, all over the country, people are accused of things they didn’t do and, time and again, they are asked to prove their innocence. Which at best is very difficult, and at worst, is completely impossible. This is certainly the case with convictions for shaken baby syndrome, a tragic example of a concept carved in stone by the medical community, only to be discredited years later. But not before hundreds of wrongly convicted individuals paid the price.


But don’t give up hope! While history is littered with miscarriages of justice, there are many people who have fought hard and won against staggering odds. Here are a few examples of people who have fought the system in the past, and overcome enormous obstacles to claim victory!


Lee Vester Brown

He will be getting a new trial because, as it turns out, his entire conviction, which has since been thrown out, was based on the testimony of  Dr. Steven Hayne, who has since been discredited. The trial judge at the time was unwilling to allow Brown to hire an expert to counter the suspect and highly controversial testimony of Dr. Hayne.


Jennifer Del Prete

She was convicted in 2005 and sentenced to at least twenty years in prison for allegedly killing 14-month-old Isabella Zielinski by shaking her to death. However, she was released after the Justice Project uncovered misplaced evidence. It came in the form of a letter from a police detective stating that the pathologist who performed the autopsy had some very serious doubts about the “shaken baby syndrome” explanation in this case.


Drayton Witt

He was found guilty of shaking his infant son to death. Since his conviction, medical science has gone on to prove that many of the “classic signs of shaken baby syndrome” that were present in this case are in fact relatively common symptoms of a number of medical conditions, one of which was suffered by the baby in this case. As a result, the medical examiner who testified against Witt has since changed his mind and the conviction has been overturned. In addition, the state has been barred from retrying him.


Pamela Jacobazzi

She was accused and convicted of murdering 10-month-old Matthew Czapski by allegedly shaking him to death. However, at the time, little was known about rare conditions like sickle cell trait and external hydrocephalus, which are known to cause coma and death. As it turns out, little Matthew suffered from both of these conditions, explaining why he lapsed into a coma for no apparent reason, and passed away shortly thereafter. Sadly though, in this case, the state has yet to acknowledge their error.


Because of our extensive experience in defending parents, the skilled attorneys at The Kronzek Firm hear these kinds of stories nearly every single day. It’s heartbreaking, especially when we know that it may have been avoided, if only we had been involved from the very beginning. So if you or a loved one have been falsely accused of child abuse, don’t wait!  Call us now 866 766 5245. We can help you during this time of tragedy and crisis.