Updates

Hi Everyone! We will post updates for Brian’s case on this page. Please check often!

3/25/16: Outstanding Ground Report by Injustice Anywhere Executive Director Bruce Fischer on the retaliation by prison administration following Brian’s interview with Boston Magazine.

2/23/16: Brian is abruptly removed from the NEADS program following the publication of the Boston Magazine article. Supporters are asked to contact Governor Charlie Baker’s office requesting an investigation.

2/12/16:  Case update from GroundReport which promotes the investigative report published in Boston Magazine.

2/7/16: Boston Magazine article “Brian Peixoto’s Final Appeal” is now available online.

2/4/16: Injustice Anywhere publishes the Winter 2016 Newsletter which includes an update on Brian’s case.

1/2016: The article in Boston Magazine is due to be released later this month. The article will be in the February issue and also available online. We will post a link to the article on the website and also on our FB page.

11/16/15: Despite a ridiculous amount of roadblocks from the Department of Correction, Brian has a media visit with award winning investigative reporter Gus Garcia-Roberts for a feature article in Boston Magazine. To Brian’s surprise the magazine also sent a photographer to take his picture for the article. It should be noted that (now) Articles Editor Chris Vogel who was initially working on the story, had been trying to set up the media visit with the DOC since January of 2015.

9/2015: Ira Gant, staff attorney with CPCS Innocence Project and BC Law School Innocence Program Director Charlotte Whitmore meet with Brian to discuss his case and what the Innocence Program can provide in terms of representation.

Jen and Lisa meet with CPCS attorney Ira Gant. In prior communication with CPCS earlier in the year we were offered a spot with the Innocence Program. It was not going to get underway until September but we couldn’t wait. We wouldn’t wait. We hired our own investigator. Jen and Lisa worked around the clock. Spring and summer were busy with the investigation and drafting of the Motion for New Trial. It was decided that we did not need all of the help offered by the full Innocence Program. There are others who do not have what we have in terms of help. Instead, Attorney Gant offered to lend his services to the cause. This was a win-win! Welcome to the dream team, Ira!

6/19/15: Amazing that we reached our initial goal in such a short time. Truly a sign of the support for Brian’s innocence. Thank you everyone and PLEASE continue to donate and share the link because we have a lot more work for our investigator!

4/20/15: Many supporters have offered donations for Brian’s defense. For this purpose we set up an Indiegogo account. WE ONLY HAVE 60 DAYS TO REACH THE GOAL so please donate and share. Thanks for helping us get One Day Closer!

3/5/15: We have been fortunate enough to have participated in a group which created a petition calling for a collateral, scientific review at the national level for review of the evidence base for shaken baby syndrome/abusive head trauma and other medical diagnoses of abuse. Members of the group include medical and legal experts, journalists and affected family members. The point person, Sue Luttner of ON SBS has introduced the petition on her website. Brian’s case is featured on the cases page in the second section, “under investigation.” The cases in each section are in alphabetical order. There is a link at the top for the petition. PLEASE SIGN AND SHARE!

1/24/15: Our friends at Injustice Anywhere have sponsored a Facebook page for Brian. Thank you Sarah! It’s always difficult putting ourselves out there but the support has been overwhelming. Thank you all for your heart-felt comments to Brian’s recent blog posting. It was very difficult for him to write this. You touched his heart and for that we are all grateful.

1/18/15: Opentrial.org, whose mission is to ensure that legal systems across the world deliver justice has updated their feature on Brian’s case.

12/31/14:  As you will read on the Appeals Process page, we were denied in our most recent attempt to present new evidence to the court. Needless to say it was a huge disappointment. We delayed posting the news as it was difficult to put it into perspective and realize that it was not our failure, but theirs. We left no stone unturned. We presented opinions from four highly respected medical experts. Surely that should made the court want to know more and allow the process to continue.

In the context of their one-paragraph decision the panel misstated facts, ignored the evidence and “rubber stamped” a denial based on technicalities of law. In this case, the procedure included strict criteria for a second or successive habe which was necessary due to Brian’s efforts in pro se representation in 2005 after his appeals attorney lied and prevented him from accessing the appeals process. The standard to meet is that no reasonable fact-finder (juror) would have determined guilt in light of the new evidence. Based on the above recap we believe we met the criteria. In their decision, the First Circuit Court of Appeals erred in using (trial) Judge Hely as the reasonable fact-finder instead of a juror.

The AG presented a most sloppy opposition.  They referred to a 12/31/12 hearing. There was no hearing. Perhaps the most disturbing display of disorganization was when the AG failed to correctly identify Christopher by name. They referred to him as Christopher Alfonso. This was careless and disrespectful.

With a fistful of contradictions and inconsistencies in this case we are actively investigating other courses of action to pursue in the new year.

There is no justice in the courts, only law. Despite this, we will persevere. We have the truth on our side. We have faith, hope and love, and we are still One Day Closer.

Happy, healthy and most hopeful New Year to you and your families and for all those wrongly convicted.

12/12/14: Very big thank you to our friends at Injustice Anywhere for featuring Brian’s story in their holiday newsletter. We cannot adequately express our gratitude for their continued support. Sarah Snyder did an amazing job telling Brian’s story. There are links to where his case his endorsed as well as the blog talk radio program we did in September. Brian’s address is also posted for those wishing to send a Christmas card or letter. For our family, besides his homecoming, there is no greater gift than support. Thank you friends!

9/10/14: Brian’s case is officially endorsed by Injustice Anywhere. Thank you, Bruce Fischer!

9/9/14: Injustice Anywhere Radio discusses Brian’s case, “The Brian Peixoto Case: Did Misdiagnosis Lead to Wrongful Conviction?”

8/18/14: Dr. Chris Van Ee, biomechanical and biomedical engineer has provided an affidavit on Brian’s behalf. Focusing on the biomechanics of the initial fall ten days before Christopher’s death, Dr. Van Ee stated that the Christopher was more susceptible to trauma due to pre-existing head injuries and that the full extent of those significant injuries were not fully explored in the investigation and trial. Please read more of Dr. Van Ee’s findings on the New Evidence: New Diagnoses page . For his full opinion, please see his affidavit.

8/17/14: Alice de Sturler is a true crime blogger and freelance blog manager. In 2013, her blog won the ABA Top 100 Blawgs in the category criminal justice. Aside from true crime blogging, she also hosts #CrimeChat on Twitter. Alice was kind enough to feature Brian’s case on her site, Defrosting Cold Cases. Please see A Case to Watch: Brian Peixoto. Thank you Alice!

7/14/14: Dr. Zhongxue Hua,forensic pathologist and neuropathologist with extensive experience as a Medical Examiner has provided an affidavit in support of the new medical evidence attributing the cause of death to the untreated injuries from the original fall. Dr. Hua contradicts the findings of the state’s ME with personal experience of a similar skull fracture of a child which was not immediately fatal. Please read more of Dr. Hua’s findings on the New Evidence: New Diagnosis page and also in his affidavit. Dr. Hua has also graciously offered his services pro bono.

4/12/14: Ami (Sneed) Negron has been arrested again. On April 8, 2014, she was charged with breaking and entering into a building during the daytime for felony and larceny from a building. She as reportedly seen running from a residence down the streets of Fall River in broad daylight with a flat screen TV. Read more about this here. This latest charge can be added to her lengthy police record, some of which is referenced in #6 on the Issues of Concern page of this website.

4/11/14: The 2014 Innocence Network Conference is going on this weekend in Portland Oregon. Innocence Network Board Member and CPCS Innocence Program Director Lisa Kavanaugh is presenting a lecture, “Starting an Innocence Effort.” Lisa Kavanaugh is a valuable member of our team. Her unwavering support of Brian’s case has been a source of comfort for the family.

3/16/14: A new page was added to the website. How can you help? provides resources for those wishing to actively support our efforts to bring Brian home. This includes a petition on change.org.

2/15/14: Brian’s case is featured on the Charles Smith forensic blog. Writer Harold Levy has the support of his previous employer, the Toronto Star, which has put considerable effort into  pushing for reform of  Ontario’s forensic pediatric pathology system.

2/14/14: Brian’s case is featured in this recent post by Sue Luttner of ONSBS.com. The post highlights the increased activity in this arena, mainly due to some successful appeals that are opening doors on these otherwise closed cases.

2/7/14: OpenTrial is an international resource with a mission to reduce the scope for corruption, violence and human rights within developing-world legal systems and, thereby, enhance fairness and equality before the law in aid of national development and human dignity.  OpenTrial works to tackle legal system dysfunction through enhancing transparency and accountability. Thank you to Frank Richardson, Founder of OpenTrial for his perspective and effort at bringing Brian’s story to the world.

1/24/14: Susan Luttner, Director of Communication with the Evidence Based Medicine and Social Investigation group (EBMSI) has posted a comment on the home page and has posted a link to our website on her blog, On SBS.  Thank you, Sue

1 /16/14: Thank you to our friends at Justice Denied for posting a link to this website on their site.

1/13/14: Thank you to Sheila Berry, Board of Directors member from Truth in Justice.org for posting a link to this website on her site.

1/12/14: The Questions and Concerns page has been renamed Issues of Concern.

1/7/14: Special thank you to Mark Godsey, Editor of The Wrongful Convictions Blog for our first outside posting! Mark referenced Brian’s case and posted a link to this website on his blog.

 

 

 

 

 

 

 

 

 

 

 

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

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