Thursday, February 26, 2009

Judge and Prosecutor Conspire to Keep Innocent Defendant in Jail Awaiting Acquittal -

Judge Rebecca McClure has ruled that the trial of Elizabeth Fairfield, who has been charged with murder in the accidental poisoning of her daughter Brittany, will not start on March 31 as originally scheduled. The trial is now scheduled to start on May 4 2009 at 9:00a.m.after Boone County Prosecutor Todd Meyer sought to have the trial rescheduled to a later date.

Fairfield was offered a plea agreement that would have allowed her to go home and serve two years of house arrest but refused the offer, citing her innocence. Meyer's theory is that Fairfield intentionally poisoned her daughter, took her to the hospital to get a mis-diagnosis and then allowed her to die so a wrongful death suit could be filed against the hospital. However, since the June 2007 death no suit has been filed against the hospital or doctors involved.

Dr. Thomas Heniff, from Lafayette Medical, who treated Brittany at Witham Hospital the night of her death, testified at a bail hearing that she must have been poisoned after leaving the hospital because he made a correct diagnosis that her symptoms of poisoning was croup. Dr Czaja, the examiner who performed the autopsy on Brittany made the determination that she died from an overdose of Tramidol. Michal Evans, of AIT Laboratories in Indianapolis, told the police that Brittany must have ingested up to 100 pills but later back-peddled in testifying that it was as few as 35 pills. Evans determination was based upon the testing of blood which was later destroyed and not made available to the defense for collateral testing.

The defense team representing Fairfield intends to file a Motion to Suppress the blood evidence based upon the improper procedures used in the testing and the fact that the State had the remaining blood evidence destroyed instead of providing it to the defense as should have been done and is customary in criminal proceedings. McClure will be obligated to suppress the blood evidence as the defense has met the two conditions necessary for suppression of this type of purported evidence.

During the Bail hearing each of the approximately 30 witnesses who appeared for the State of Indiana testified that they had no evidence that Fairfield had committed murder. Police officers from the Lebanon Police Department have told Indiana Custodial Rights Advocates that Fairfield is innocent and Meyer has made up the entire story. Along with the evidence problems it is becoming clearer as this case goes on that it is true that Meyer is simply abusing the power granted to him as a prosecutor.

In 2005 Meyer falsely accused John Dixon of setting a building on fire where evidence of corruption by Meyer and former judge Steve David was kept. Two days earlier David had canceled the trial in which the evidence was going to be exposed after Meyer became aware of the plan. Dixon was held in jail for 52 days before being released and ultimately exonerated by a Grand Jury.

Meyer is again using his legal authority and delay tactics to try to impose a jail sentence upon someone who will ultimately be exonerated. The defense team representing Fairfield, led by Tom Farlow, will be presenting their evidence which supports the Motion to Dismiss to Judge Rebecca McClure at a hearing scheduled for Monday March 2 at 3:00pm in Boone Superior Court II. McClure, who is well known for her prejudicial rulings and violations of law, is going to rule that there is substantial preliminary evidence to support a conviction of murder and the Motion to Dismiss is denied.

Brittany's father, Paul Fairfield, stated, "I am extremely disappointed that Judge McClure would allow Todd to move the trial date so he could go on vacation. An innocent mother sits in jail another month when her family needs her. We are a family that depends on one another. We have been married 22 years and we feel the pain of separation exceptionally hard. " Todd Meyer did not respond to a request for comment made by Indiana Custodial Rights Advocates.

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