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COMING SOON:       

We are currently in the process of updating this website. There are some new pages that are in development detailing new evidence uncovered over the past year. We are also planning to release new legal arguments which will be filed with the courts soon. Finally, we will be elaborating on the information published in February 2016 issue of Boston Magazine. Please stay tuned. Don’t forget to like us on Facebook!

 

 

“I do not think that you can get a fair child abuse trial before a jury anywhere in the country…I do not care how sophisticated or law smart jurors are, when they hear that a child has been abused, a piece of their mind closes up, and this goes for the judge, the jurors, and all of us.”

– Abner Mivka, U.S. Court of Appeals, D.C. Circuit 1990

We are the supporters of Brian Peixoto, an innocent man wrongly convicted of a horrific crime nearly 21 years ago. Brian was convicted of murdering a 3-year old child, a crime that he did not commit.

In 1996, Brian Peixoto was arrested and charged with the murder of 3-year old Christopher Affonso, Jr. After a five-day trial and two-hour deliberation, a jury found Brian guilty of first degree murder and sentenced him to spend the rest of his natural life in prison.

In addition to Brian’s family, friends and loved ones, Brian is supported by top criminal trial lawyer Jennifer Fitzgerald. Jen comes to us with twelve years experience as a public defender and a passion to fight wrongful convictions. She is working Brian’s case pro bono.

Brian also has the support of the CPCS Innocence Program – a Massachusetts program funded by the U.S. Department of Justice to represent innocent people. Collaboration efforts have also been offered by the New England Innocence Project NEIP ; top wrongful conviction attorney specializing in SBS/AHT cases, Heather Kirkwood; and SBS litigation fellow, Kate Judson , of the Wisconsin Innocence Project.

Also supporting Brian are four nationally and internationally recognized medical experts, well respected in the evolving field of misdiagnosed child abuse and head trauma:

  • Dr. Waney Squier: Pediatric neuropathologist and consultant neuropathologist to the Oxford Radcliffe Hospitals and Honorary Clinical lecturer in the University of Oxford.
  • Dr. Michael Laposata: Pathologist-in-Chief at Vanderbilt University Medical Hospital, formerly the Director of Clinical Laboratories at the Massachusetts General Hospital and tenured full Professor of Pathology at Harvard Medical School.
  • Dr. Zhongxue Hua: Forensic pathologist and neuropathological consultant; assistant clinical professor of pathology at Albert Einstein College of Medicine, Bronx, NY; and attending neuropathology and assistant laboratory director at Jacobi Medical Center and North Central Bronx Hospital, NY.
  • Dr. Chris Van Ee: Biomechanical and biomedical engineer; principal engineer at Design Research Engineering; and adjunct assistance professor, biomechanical engineering at Wayne State University, MI.

According to these well respected medical professionals, the state’s Medical Examiner got it wrong and that to a degree of medical certainty Christopher sustained a skull fracture and other injuries in a stairway fall, ten days before his death – a fall that happened when Brian was not present and the child was in the sole care of his mother.

Following the highly publicized Louise Woodward trial (the “British Nanny” case) in 1997, questions arose in the pediatric forensic community. The old school of thought regarding short distance falls and pediatric head injury were challenged. Over the following decade, widely accepted beliefs in the field of pediatric head trauma were rejected and dismissed as unreliable.  As a result, across the US, and in Canada and the UK, cases involving children and short distance falls were being reexamined. The new science, including changes in biomechanics of pediatric head trauma, rocked the forensic community, shedding light on many mistaken diagnoses, including that from Brian’s case. It became evident that parents and caregivers were being wrongly accused of child abuse.

Until recently Brian’s legal team has continuously been prevented from presenting this new evidence to the courts because of Massachusetts laws created to prevent the waste of limited judicial resources; because of a federal anti-terrorism law; and because of restrictions placed on federal appeals. Thus, as a result of technicalities in the law, Brian remains in prison – an innocent man.

Consequently, this website was created to shed light on Brian’s case and to point out the facts – facts taken directly from court documents, police statements, and medical reports, including some of our own opinions and thoughts. We want to point out that Brian was convicted without one piece of evidence showing that Brian ever hit Christopher or ever hurt him in any way. Also included is the new medical evidence and diagnoses, witness statements that were never made available to the jury and evidence that was hidden and not provided to the defense. Our hope is that more medical experts will come forward willing to assist us – more lawyers and investigators who may be familiar with these types of cases. Our hope is that anyone willing to help will reach out to help us in our struggle – our long and difficult struggle for innocence.

IF YOU HAVE ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THIS CASE, PLEASE SEND A CONFIDENTIAL EMAIL TO INFO@BRIANPEIXOTO.COM   brianpeixoto.com, struggle for innocence

FAIR USE NOTICE This site contains material which is public record and may not have been authorized by the copyright owners. We are making such material available in our efforts to advance understanding of social justice, political, human rights and democracy issues. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

18 thoughts on “HOME

  1. Brian's daughter

    I love everything about this website. It has been a long and dark 18 years for our family. I can’t even begin to explain the emotions that are brought up just knowing that FINALLY we have such a bright, intelligent, and understanding group of people that are supporting my father and are doing anything possible to prove his innocence. Finally my family sees the possibility of the light at the end of this gloomy tunnel we’ve been living in for so long. I hope that all of this information enlightens people and shows them that there are always two sides to every story. What the media projects out to the rest of the world is not always fact. All of the evidence and testimonies have been all here in front of everyone’s eyes for any one to see all the while an innocent man has spent half of his life behind prison walls unable to experience daily situations so many of us take for granted. I am so thankful to every one who has taken their time and effort to put this website together. It is truly a dream come true.

    Reply
  2. Sue Luttner

    Commendations on a nicely presented web site. I am sorry to learn about another one of these cases, but I am glad that Mr. Peixoto has an active support group. As you know, there is a serious problem with the over-diagnosis and over-prosecution of pediatric abusive head trauma. I hope you well in your efforts.

    I have added a link to this site on the Cases page (http://onsbs.com/cases/) of my web site and blog about Shaken Baby Syndrome, which is at http://onsbs.com/. I hope we can stay in touch.

    Reply
  3. Frank Richardson

    The biggest impediment to freeing the incarcerated innocent in the U.S., is not the lack of exculpatory evidence; but largely the great reluctance of a system that judges the fallibility of its citizens, to accept its own fallibility.

    Reply
  4. John Teixeira

    Sad that as a nation, we have more people incarcerated then Russia and China. Both nations much larger then the USA, with the latter having FOUR TIMES as many people AND A COMMUNIST NATION with a %99 conviction rate, yet we, the USA, have more people in prison then they do. Ive known Brian for many years, he is a great guy….compassionate, caring and in NO WAY capable of such a heinous crime. Someday hopefully this judicial system will be properly addressed….right now there are too many factors that make it an unbalanced playing field, with too many advantages for Prosecutors. Brian I hope you are home soon, may God bless you and your family…
    Your friend,
    John Tex

    Reply
  5. tina plourde

    Hey Brian.wanted to drop a hello…hope ur staying strong…..I just know u r one day closer. I sent the website to a bunch of my Facebook friends and family….a few lawyers…so perhaps they can be of some help with ur case. Cannot wait to see ur face again….Love you!!!!

    Reply
  6. John Teixeira

    We are all thinking of you Brian. Only the Lord can judge, and if you are truly innocent as I know you are….imagine the blessings the Lord has in store for you….you have suffered more then most, and still stand strong. You are an inspiration. You are a modern day Job, and a far better and stronger man then I will ever be. May all of the Lord’s angels come to your rescue.

    Reply
  7. Cheryl Vuctor

    Brian
    You are in my prayers daily. I pray for justice for you. You are innocent. Wrongfully accused.
    Time for you to go home
    My heart aches for you every time I see you with your family

    Reply
  8. Wesley B. Munger

    I read your story in Boston Magazine. It amazes me that in this country you are guilty until you prove your own innocence. What stuck out in my mind are two things. If you had killed this little boy would you have driven him to the firehouse or run? Liam Neilson was married to a woman who had a skiing accident. She died a day or two later. This little boy had a head injury and died later. His mother failed to follow up on his injuries. You are clearly innocent in my mind.

    Reply
  9. Wesley B. Munger

    I worked with a nurse who was from a large family and very close to one sister. This sisters grandson died at the age of 3 or 4. I asked how did this happen. He had slipped on ice and fell back striking his head. Maybe another approach would be to present all of these slight accidents that end in death. I also see the system working against you. If you are freed you then have the right to sue…..do I dare say for big money. The legal system does not want that. This is the point that bothers me the most. What ever happened to doing the right thing?

    Reply
    1. Admin Post author

      Unfortunately, the investigators and ADA were not interested in what really happened. They only cared about who they could pin it on.

      Reply
  10. Wesley B. Munger

    I have read the article. Are there skull x-rays to refer to? It is stated 8 separate injuries. A fall down two stairs does not equate out to 8 head injuries. Any thoughts of pouring over the pathologists reports or if it comes to that exhuming the remains for a post mortem x-ray or ever better CAT san?

    Reply
    1. Admin Post author

      The “fall down two stairs” is only the last version of events testified to by the boy’s mother. We don’t really have anything else to go by but her account – for now.

      The post mortem x-rays were never produced at trial as an exhibit. We found the radiologist who allegedly conducted the post-mortem radiological testing and, as you will read on the Issues of Concern page # 11 well, there is likely no report. More importantly, that is not the protocol to determine an older injury. Not surprising, the ER admission from the date of death as well as the one from reportedly two weeks prior are both conveniently missing from the hospital file.

      We don’t know necessarily if there were 8 trauma points. The boy did stumble and fall up and down stairs, and bumped into walls and furniture over the course of 10 days. Also, the neurological episode he had which appeared as a seizure included head banging on a carpet-over-cement basement floor. There is just so much more to look at here and all we are asking for is our day in court to prove Brian’s innocence.

      Reply
  11. Wesley Munger

    Please excuse my silence. I have been told my cancer has returned after 5 years. Will know more tomorrow after I meet with the surgeon and oncologist. I believe you are innocent and I plan to use you in a good way. I am going to fight the fight of my life so I will be able to help you. Your friend and I share the same last name please ask her reach out to me. Is there an attorney involved? I will not give you false hope. It is my pleasure to help in anyway I can. You sleep well tonight knowing we both have our battles to fight. I plan to live and to see you walk free. Wes

    Reply
    1. Admin Post author

      Our prayers are with you and your family during this time. Thank you so kindly for your support. It is truly appreciated. As Brian’s father always says, “Where there is life, there is hope.”
      Please note above on this home page the info for Brian’s attorney as well as the significant support he has received from both the medical and legal communities.

      Reply
  12. Frank Richardson

    Lord Denning, formally one of Britain’s most senior judges, displayed a truly lamentable reluctance to admit the fallibility of the English justice system. He is quoted as saying: “Hanging ought to be retained for murder most foul. We shouldn’t have all these campaigns to get the Birmingham Six released if they’d been hanged. They’d have been forgotten, and the whole community would be satisfied… It is better that some innocent men remain in jail than that the integrity of the English judicial system be impugned.” You have the same problem in America: judges will not decry their miscarriages of justice. Instead, rather than admit their failure to mete out justice, they compound the failure of the system by turning a blind eye to the miscarriage and refuse to acknowledge it. Thus, where there has been a miscarriage, in the eyes of the public the system is impugned twice and by the judges themselves. Judges are often too aloof to acknowledge this, but they must be made, by constitutional challenge, to adopt the dictum of the eighteenth century English jurist, Sir William Blackstone: “Better that ten guilty persons escape than that one innocent suffer.”

    Reply
  13. Frank Richardson

    I urge everyone concerned about Brian’s incarceration to look at the books mentioned in this posting: http://www.opentrial.org/unjust-process/item/141-us-judicial-process-reduced-to-flea-market-haggling
    It will become evident that Brian is seen as a mere pawn in plea bargaining game – someone who dared to protest his innocence and not settle for a plea. In the US legal system, to allow Brian to be acquitted would set an example to those who might otherwise cop a plea under duress. On this basis Brian’s conviction could be challenged, as it was arrived at in an unconstitutional system that consists largely of pleas as opposed to fair trials.

    Reply

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