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The Trial of Lucy Letby

Letby's lawyers didn't call their own expert witness to counter the prosecution's expert. They were relying on being able to dismiss the charge as No case to answer. David Allen Green discusses the implications and the possible lacuna in criminal law.
 


Dear X
@PrivateEyeNews
is not always the first to break a story, but we have a good track record of uncovering miscarriages of justice because the editor allows us to return to the same story again and again until the truth comes out.

I will likely be writing about the Letby trial for some time, but need to do it in a balanced way. I don’t want to make the same mistake as the trial and only hear experts from one side. However, I have exhausted my expert contacts in neonatology, pathology and other laboratory sciences, and can’t find a single one who is prepared to argue that any of the murders were proven beyond reasonable doubt. I have extensive email correspondence with one of the consultant paediatricians who worked on the unit and is convinced that Letby is guilty, but he is not an expert in any of the rare and varied methods of murder she has been convicted of using.

The experts I have consulted are united in their doubt that a a baby could be killed by injecting air into the stomach to compress the lungs. They say air goes into the stomach every time a bag and mask is used in resuscitation, and it doesn’t kill the baby. Is there an expert out there who can tell me how air in the stomach can compress the lungs to cause death, how much air you would need to inject into the nasogastric tube and how long it would take, because you would need to be undetected?

As regards air embolism, the experts I have consulted say that this can be a coincidental finding after death. Deliberate injection of air can also lead to embolism and death but any ante-mortem air embolism in these babies was far more likely caused by prolonged resuscitation, high-pressure ventilation or faulty line management in a struggling, understaffed unit. There are published papers to back up these causes. Finally, my expert on insulin says that the definitive test to prove insulin was given was not done. And if the clinical picture of insulin overdose was so obvious at the time, with massive doses of dextrose and glucagon needed to resuscitate the babies, why wasn’t it suspected at the time so the correct test could’ve been done, rather than eight months later in a note trawl? So I need experts to put the counter view and to argue that the causes of death within their area of expertise were more likely murder beyond reasonable doubt rather than the natural causes that the highly experienced pathologists at the time deemed the deaths to be caused by. When making these assertions, please give your expert credentials and any sources of evidence you are using. You can DM me, I will email back the copy to you for fact checking and you do not need to be named. I have also yet to hear from any nurses or resident doctors who worked alongside Letby who either did or didn’t have suspicions about her behaviour. Parents are also very good at picking up whether they feel their baby is safe on a particular unit, and I have been contacted by one parent who observed how chaotic the unit was at that time because of under-staffing, and she didn’t feel her baby was safe, but had no particular recollection of Letby. I would also welcome the observations of other parents at that time, again in confidence if you prefer. Just DM me
Thank you
 
This is a weird take - yes, you should be suspicious of what the likes of Peter Hitchens (and David David) say but that doesn’t mean they don’t have a point this time.
 
I followed the trial from beginning to end. I read every transcript of every day of the hearing. Did anyone else on here follow it?

Because if you did, you'll know that she was convicted on far more evidence than these 'experts' - the majority of whom did not attend, follow or even read the full transcripts of the trial - are now claiming.

The focus on the clinical only fails to take into account all the non-clinical aspects of the evidence against Letby that the jury - those with all the facts at hand, unlike all the 'experts' - based their judgements upon.
 
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I didn't follow the trial. For me, it was other factors more than the clinical evidence. Not only the things she wrote that would indicate guilt -- which I can see an innocent person doing, for a variety of reasons -- but the falsification of records, which strikes me as much less likely to be the neurotic action of an innocent person.

But I only know that from this thread, and haven't seen it mentioned in articles about the case. Does anyone have a link to something referring to it?
 
The many articles seem to highlight to me more that a) the defence didn’t do a great job and b) the NHS is a a mess.

I think the defence did the best job they could, under the circumstances. You can only work with the material you have. And for anyone who followed the trial, they'll know precisely what material that, in the end, amounted to.

Gross NHS failures, sub par care, inadequate staffing, all that applies, but all that is still not remotely enough, based on the evidence put forward at trial against Letby, to jump on this miscarriage of justice train.
 
I think the defence did the best job they could, under the circumstances. You can only work with the material you have. And for anyone who followed the trial, they'll know precisely what material that, in the end, amounted to.

Gross NHS failures, sub par care, inadequate staffing, all that applies, but all that is still not remotely enough, based on the evidence put forward at trial against Letby, to jump on this miscarriage of justice train.

With your far deeper knowledge about this than anyone, what do you make of this:

the governing body of professional statisticians has specifically issued guidance that people should not use this kind (the kind the pros used) of calculation to convict suspects

The same flawed evidence that done for Sally Clark etc.

Does what they say count for anything, in your opinion?
 
With your far deeper knowledge about this than anyone, what do you make of this:

the governing body of professional statisticians has specifically issued guidance that people should not use this kind (the kind the pros used) of calculation to convict suspects

The same flawed evidence that done for Sally Clark etc.

Does what they say count for anything, in your opinion?

No, and for a number of reasons.

Firstly, the stats used (or allegedly misused although I don't believe there are any grounds for such charges, having followed the trial) were such an insignificant part of the totality of the evidence against Letby, and secondly, these experts and the media who're (shamefully imo) giving them a platform don't have the first clue as to what the actual evidence WAS - the evidence heard in court over 10 harrowing months - that resulted in her convictions.

The problem here is the source of the miscarriage of justice narrative that's now being given a platform that it really shouldn't have because its focus is not remotely evidence-driven. And a whole lot of it just pure ego driven.

It started on twitter with conspiracy theorist Richard Gill and it escalated from there.
 
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'Finally, my expert on insulin says that the definitive test to prove insulin was given was not done. And if the clinical picture of insulin overdose was so obvious at the time, with massive doses of dextrose and glucagon needed to resuscitate the babies, why wasn’t it suspected at the time so the correct test could’ve been done, rather than eight months later in a note trawl? '


If the babies had not been given insulin, what crashed their blood glucose so catastrophically?


From the article: Neonatal hypoglycemia occurs when the glucose level of a newborn causes symptoms or is below the range considered safe for the baby's age. It occurs in about 1 to 3 out of every 1000 births.31 Dec 2023.

From the Wiki report of the case:

Letby herself accepted at trial that the results showed that some victims had been deliberately injected with insulin and did not contest that someone must have administered it to them.[56] Two of the medical expert witnesses described the insulin evidence as the "smoking gun".[57][26]

It seems rather unlikely that several cases of a 1.5 in 1000 incident appear in a single unit in a relatively short time span, if there has been no foul play.



I have highlighted my words in blue.
 
the media who're (shamefully imo) giving them a platform don't have the first clue as to what the actual evidence WAS

That’s quite a claim to make of The New Yorker (who famously fact check everything) & Private Eye!
 
I followed the trial from beginning to end. I read every transcript of every day of the hearing. Did anyone else on here follow it?

Because if you did, you'll know that she was convicted on far more evidence than these 'experts' - the majority of whom did not attend, follow or even read the full transcripts of the trial - are now claiming.

The focus on the clinical only fails to take into account all the non-clinical aspects of the evidence against Letby that the jury - those with all the facts at hand, unlike all the 'experts' - based their judgements upon.
How did you get copies of the transcripts? Are they available on request?
 
That’s quite a claim to make of The New Yorker (who famously fact check everything) & Private Eye!

LOL. The NY article was one of the most ignorant, ill-written, irresponsible pieces of reporting I've read about this case. And I'm most certainly not alone in thinking that. Have a google, do.

I'm equally part astonished/part disgusted that Private Eye has gone down the same ignorant rabbit hole, giving a platform to people that didn't follow the trial, admit they never read the transcripts and know little to nothing about the actual evidence that actually convicted Letby.
 
LOL. The NY article was one of the most ignorant, ill-written, irresponsible pieces of reporting I've read about this case. And I'm most certainly not alone in thinking that. Have a google, do.

I'm equally part astonished/part disgusted that Private Eye has gone down the same ignorant rabbit hole, giving a platform to people that didn't follow the trial, admit they never read the transcripts and know little to nothing about the actual evidence that actually convicted Letby.

I have a lot more faith in Private Eye & The New Yorker than our criminal justice system. Please don’t say “have a Google” - share the sites you mean. Really annoying attitude.
 
It seems rather unlikely that several cases of a 1.5 in 1000 incident appear in a single unit in a relatively short time span, if there has been no foul play.
There are 1148 hospitals in the UK. Tens of thousands of wards and units. Very unlikely incidents will happen somewhere in the UK every day. Whether or not Letby is guilty (and I admit I don't know enough to believe strongly either way) this is the kind of fallacious reasoning that casts doubt on the process and should be inadmissible as evidence in court.
 
There are 1148 hospitals in the UK. Tens of thousands of wards and units. Very unlikely incidents will happen somewhere in the UK every day. Whether or not Letby is guilty (and I admit I don't know enough to believe strongly either way) this is the kind of fallacious reasoning that casts doubt on the process and should be inadmissible as evidence in court.
This is basic statistics. Randomness is clumpy. Someone wins the lottery every week. Seemingly improbable coincidences can be statistically likely or even virtually certain to happen somewhere in a big enough events space if you haven't predicted beforehand where it would happen.

I don't know enough about this case to comment definitively, but the Sally Clark case ignored all of these statistical basics. It has happened before.
 
LOL. The NY article was one of the most ignorant, ill-written, irresponsible pieces of reporting I've read about this case. And I'm most certainly not alone in thinking that. Have a google, do.

Yep, I read a lot of daily coverage while the trial was ongoing - while I'm not going to wade through hundreds of pages of trial coverage to argue the point, I definitely got the impression that the New Yorker story was cherry-picking some of the weakest points in the case and ignoring a lot of other evidence
 
There are 1148 hospitals in the UK. Tens of thousands of wards and units. Very unlikely incidents will happen somewhere in the UK every day. Whether or not Letby is guilty (and I admit I don't know enough to believe strongly either way) this is the kind of fallacious reasoning that casts doubt on the process and should be inadmissible as evidence in court.
Not to mention a nurse baby serial killer is also an unlikely occurrence. Something unlikely has already happened. So the question is given that an unlikely event has occurred, which of the unlikely causes is most likely, and for a guilty verdict murder should be overwhelmingly more likely.
 
That’s quite a claim to make of The New Yorker (who famously fact check everything) & Private Eye!
PE I do have a lot of respect for, but they still need to make a few quid out of the news and have never been too cautious about trying to create news where there isn't any. For every Post Office scandal, there is a "vaccinations cause autism". They're newsies, not forensic investigators - someone tells them there's a possibility of a miscarriage of justice and they'll grab onto it like a pitbull until it's conclusively disproven. This is a good thing, having checks in the system. But it also means that just because PE champions it, it doesn't make it true.
 
For every Post Office scandal, there is a "vaccinations cause autism".
I don't think that's true at all. Every issue has proper 'scandals' - not as bad as the Post Office but the "vaccinations cause autism" was on that scale pretty well a one-off wasn't it?
 
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I don't think that's true at all. Every issue has proper 'scandals' - not as bad as the Post Office but the "vaccinations cause autism" was on that scale pretty well a one-off wasn't it?
So was the Post Office. shrug That's what I compared it to. I don't think we're talking about the same scale here. "Politician corrupt" doesn't even register now, does it?

Edit: To put it another way, corrupted officials and corporate malfeasance is their bread and butter. They know that. Vaccines and the Letby case are all well out of the editorial team's area of expertise and they're taking it up based on just a few data points because it's a great scandal if true. They don't know more than anyone else though. PO you'd expect them to get - corrupt officials.
 
From very early days Prof John Ashton who is former Director of Public Health for the north west was banging in about this being a miscarriage of justice. He was one of the first people to sound the alarm on COVID, I've worked with him in the past, and while he definitely likes the sound of his own voice he really knows his stuff and dealt with clusters of neonatal deaths during his career. It's not all usual suspects, conspiracists or people who question stuff as a career who are concerned about this.
 
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