Convicted Without Crimes

Links The Facts of the Case In Support of Marybeth Davis The Appearance of Impropriety Available Court Documents West Virginia Supreme Court Decision of April 26, 2002 Opinion of the Supreme Court of Appeals of West Virginia Petition for Appeal Speak Up! Message Board Useful Links National Reye's Syndrome Foundation Human Growth Hormone Deficiency Information from the Magic Foundation Leigh's Disease Information from the National Institute of Neurological Disorders and Stroke Mothers Against Munchausen Syndrome by Proxy Allegations American Institute of Toxicology Department of Pathology, University of Health Sciences, Kansas City, MO West Virginia Supreme Court

UPDATE: Marybeth Davis was released from prison on October 9, 2007! CLICK HERE FOR DETAILS To Whom It May Concern: Citizens to Free Marybeth Davis, an organization of medical doctors, veterinarians and other educated people, is seeking the following: The immediate release of Marybeth Davis from prison. The reinstatement of her rights, privileges and responsibilities as an American citizen. An acknowledgment by the State of West Virginia that Mrs. Davis was tried for murder/attempted murder when it was known to court authorities at the time of the trial that the health problems of the alleged victims were due to 'natural causes', and not to deliberate poisoning. Accountability for those persons who ignored the diagnoses of 'natural causes' made and confirmed by licensed physicians in 1981-82, and who took the case to trial after being told by medical doctors that no crimes had been committed. In 1997, Marybeth Davis was convicted of a murder and an attempted murder that medical doctors have repeatedly told the courts did not happen. The confirmed diagnosis for Tegan Davis is Reye's Syndrome, not caffeine poisoning as alleged. The confirmed diagnosis for Seth Davis is Human Growth Hormone Deficiency (formerly Leigh's Syndrome), a genetic disorder, not insulin injections as alleged. Neither Tegan nor Seth were deliberately harmed by anyone. Dr. Joseph Aldrich, attending physician for Tegan and Seth Davis and an eye witness, told court authorities prior to the 1997 trial, that it had been determined in 1981-82 that the health problems of the Davis children were due to 'natural causes' and no poisonings had occurred. In spite of being told that no crimes had been committed, authorities declared a 'cold' (old) case to be solved, and a trial for murder/attempted murder was held. Years after her conviction for crimes that did not happen, Mrs. Davis remains in a West Virginia prison. Common sense, appeals to the West Virginia Supreme Court, the Governor, the Attorney General, the Secretary of State, and Senators Byrd and Rockefeller have all failed to secure her release, in spite of reconfirmation of the diagnoses of 'natural causes' for both children. The significance of this situation goes far beyond the personal tragedy of Marybeth Davis. If prosecutors can change or ignore medical diagnoses made by licensed physicians, can declare that crimes have been committed when there were none, and can try innocent citizens without proof of crimes, then any death can be made a murder, and no one is safe from unwarranted prosecution. You, or someone you love, could be the next innocent citizen to be Convicted Without Crimes. We are asking that you copy this letter and the enclosed information, give it to family and friends, contact the elected officials and newspapers whose addresses are listed and, in every way possible, help secure the release of Marybeth Davis. Please, Speak Up, and make your voices heard. Charlotte D. Dietz, DVM Coordinator, Citizens to Free Marybeth Davis Joseph A. Aldrich, DO, FACOP Physician for Tegan and Seth Davis Richard A. Dietz, PhD J. Bruce Hagadorn, MD William J. Kagey, MD Lisa L. Wilson, DVM Wayne H. Wilson, MD What you SHOULD do.... find out how you can make a difference! CLICK HERE     Introduction: Who's Who: State of West Virginia v. Marybeth Davis Marybeth Davis- Defendant Tegan Davis- Marybeth Davis' daughter, allegedly poisoned, died March 11, 1982 from Reye's Syndrome as diagnosed by Dr. Aldrich. Seth Davis- Marybeth Davis' son, allegedly poisoned, died October 10, 2002 after living in a vegetative state since 1982. Dr. Gary Davis- Defendant's husband, Tegan and Seth's father Paul S. Detch- Defendant's attorney Mark Burnette- Prosecuting Attorney, Greenbrier County, at time of original trial, now state senator R. Kevin Hanson- Current Prosecuting Attorney, Greenbrier County Hon. Frank Jolliffe- Judge, Circuit Court of Greenbrier County Dr. Joseph Aldrich- The Davis children's attending physician Trooper Michael Spradlin- Investigating officer, responsible for reopening the Davis case in 1995

Chronology of the Marybeth Davis Case 1981 Seth Davis (DOB:7/18/1981) diagnosed with Leigh's Syndrome March 11, 1982 Tegan Davis (DOB: 2/27/1979) dies from Reye's Syndrome, as diagnosed by Dr. Joseph Aldrich and others. April 26, 1982 Toxicology report by Dr. Ronald Backer showed non-toxic levels of caffeine in Tegan. Investigation concluded no murder or attempted murder committed. 1995 Davis case reopened as a result of a child abuse study conducted by the state of West Virginia. 1996 Dr. Aldrich tells prosecutors that the Davis children's health problems were due to 'natural causes.' September 1997 Marybeth Davis tried and convicted of murder and attempted murder of her children by poisoning. After trial prosecution reveals 'lost' evidence: the tissue slides from Tegan's autopsy, the original spectrograph and chromatograph used to generate the toxicology report, and hundreds of pages of documents from the original investigation. Based on the found evidence, many doctors tell courts that no crimes were committed. May 5, 1999 Defendant's Petition for Appeal submitted to the Supreme Court of Appeals of West Virginia. June 28, 1999 Supreme Court of Appeals of West Virginia files their opinion confirming Marybeth Davis' conviction. September 11, 1999 After examing the 1982 tissue slides, Edward R. Friedlander, MD states Tegan Davis obviously died from Reye's Syndrome. September 15, 1999 Marybeth Davis sues several of the prosecution's witnesses for misconduct in connection with the criminal trial. Circuit court dismisses lawsuit and fines Davis and her lawyer $8500. January 11, 2000 Dr. Ronald Backer's deposition declares the original 1982 toxicology report correct. September 5, 2001 Notarized affidavit by Michael A. Evans, PhD declares no crimes were committed. December 19, 2001 Depostion of Arthur L. Hupka, PhD declares no crimes committed. January 9, 2002 Defendant appeals to the Supreme Court of Appeals of West Virginia to reverse the fines resulting from the September 15, 1999 lawsuit. April 26, 2002 Supreme Court reverses and remands the decision handed down by the circuit court, dismissing the fines against Marybeth Davis and her attorney. Spring 2002 Tegan Davis' body exhumed and re-examined. Toxicology report shows no caffeine in her tissues. February 2, 2004 The West Virginia Supreme Court of Appeals voted 3-2 to grant Marybeth Davis's petition for appeal. Chief Justice Maynard and Justice Davis dissented.

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Citizens to Free Marybeth Davis
www.freemarybethdavis.homestead.com