Jeffrey Havard currently sits wrongfully convicted on death row in Mississippi for the sexual assault and murder of his girlfriend’s six-month-old daughter, Chloe Britt. Chloe’s death was a tragic accident, not a murder. Havard accidentally dropped Chloe after giving her a bath. According to Havard, Chloe slipped out of his hands and hit her head on the toilet. The evidence in the case supports his claims.

Unfortunately, the case took a step in the wrong direction when Dr. Steven Hayne released his autopsy report suggesting that Chloe had been sexually assaulted before being shaken to death. Hayne’s report was all the prosecution needed to secure a conviction. Mississippi law allowed the prosecution to argue that the sexual abuse led to the murder. In the court’s view, if Havard committed the abuse, he must be guilty of the murder.

Hayne was not alone in his belief that Chloe suffered sexual abuse. Several hospital workers that examined Chloe in the emergency room testified at trial that her anus was dilated, indicating sexual abuse. Hayne reached his conclusion based on the same evidence. Hayne also noted a one centimeter anal bruise that he claimed to be sufficient evidence of penetration. The problem was, the evidence observed was not a clear sign of sexual abuse. Multiple experts would later point out that several other factors could have easily been responsible for the dilation and the bruise. Unfortunately this testimony would not be heard during the first trial.

Havard asked the court during his first trial to provide the means to hire an independent expert to review Hayne’s findings, but the court denied his request stating that Hayne was well qualified. The court neglected to to take into account that Hayne was not a certified pathologist when assessing his qualifications. Since the time of Havard's trial, Hayne has been discredited for submitting faulty work on multiple cases and no longer performs autopsies in Mississippi.

Without the ability to challenge Hayne’s report, Havard was convicted and sentenced to death. After his conviction, Mississippi’s post-conviction relief office obtained the services of former Alabama state medical examiner Dr. Jim Lauridson to review the autopsy findings. Lauridson’s analysis was presented at Havard’s appeal. Lauridson concluded that the evidence failed to confirm that a sexual assault of any kind had taken place. There was no sign of any tears or lacerations in the victim’s anus and it is not out of the ordinary for dilation to occur naturally. Lauridson noted that there was no trace of Havard’s DNA found on or inside the victim. He also noted that a thermometer inserted into the victim’s anus at the emergency room could have caused the small bruise.

Along with Lauridson’s testimony, Havard’s attorneys presented medical literature stating that postmortem anal dilation in infants is common and does not suggest sexual abuse. This information seemed to backfire on Havard when the court noted that the victim’s anal dilation was discovered in the emergency room before death. The suggestion that dilation would only occur postmortem was false but the information would not be clarified until it was too late.

It was disturbing to see the Mississippi Supreme Court completely ignore Lauridson’s testimony on appeal. Their conclusion was a slap in the face for Havard. The court concluded that Lauridson’s analysis should have been included at the first trial. As we know, Havard was not allowed the opportunity for an independent review at the first trial because his request was denied by the court. The sad truth is that Havard now sits on death row because he did not have the means to hire his own expert.

At The Clarion-Ledger's request, Dr. Michael Baden agreed to review the evidence that secured Havard’s conviction. Baden is a physician and board-certified forensic pathologist that is well respected worldwide for his work in this field. According to Baden, the anus can dilate in a coma or after death (proving that the conclusions reached by the appeals court regarding the dilation were incorrect ), and the anal abrasion could be due to innocent causes, such as constipation, diarrhea or rubbing up against a diaper.

According to Baden, the injuries detailed in the autopsy were consistent with injuries caused by head trauma from Chloe being accidentally dropped, hitting her head on the toilet just as Havard had described.

Baden concluded that Chloe "was not sexually assaulted and that she died of injuries consistent with an accidental drop."

Baden also disagreed with the finding of shaken baby syndrome. Baden stated: "There is no autopsy or scientific evidence to support a diagnosis that Chloe died of shaken baby syndrome.”

Hayne has now changed his opinion

The Clarion-Ledger has reported that Hayne has now acknowledged errors in his original report. Hayne told Havard's attorneys the bruise could have been caused by a rectal thermometer like the one used in the emergency room. Hayne said he did not think it was likely but it could not be excluded. Hayne now states that the dilated anus would be a normal occurrence with patients lacking significant brain function. Most importantly Hayne now believes the bruise was not sufficient to determine that a sexual assault occurred.

Testimony from Chloe’s mother contradicts her pre-trial statements

Chloe’s mother, Rebecca Britt, testified during the first trial that Havard never changed Chloe's diapers and never gave her baths. Britt’s testimony was devastating to Havard because it gave the jury the impression that Havard’s actions on the night of the murder were suspect.

Thankfully Havard’s attorneys discovered that Britt’s pre-trial testimony had been recorded. As it turned out, Britt’s initial statement contradicted her trial testimony. Britt told authorities early on that Havard loved Chloe, and that he changed her diapers and gave her bottles. During the interview, Britt was not surprised at all that Havard gave her daughter a bath. The jury never heard Britt’s pre-trial statements.

When presenting this information on appeal, Havard's lawyers argued that his previous counsel was ineffective because they failed to challenge Britt’s testimony. The court disagreed, stating: "There is no reasonable likelihood that Britt's testimony, if false, affected the judgment of the jury.” How could the court possibly conclude that Britt’s testimony had no affect on the jury?

Jeffrey made a horrible mistake on the night of the murder. After he dropped Chloe, he dried her off, dressed her, and put her in bed for the evening. Chloe’s non visible injuries would later cause her death. In a recent interview with The Clarion-Ledger, Havard stressed his remorse for accidentally dropping Chloe:"Not a morning, noon or night passes that I don't think about Chloe and her family. Words can't describe how sorry I am for dropping Chloe. Without a second thought, I would do anything to bring her back."

Jeffrey never intended to hurt Chloe. Her death was a tragic accident. The truth in this case is now clear. Jeffrey Havard is not guilty of murder and must not be put to death for a crime he did not commit.

Time is running out for Jeffrey Havard. The Mississippi Supreme Court recently ruled against his second motion for post-conviction relief stating: "There is no merit to Havard's claim that newly discovered evidence exists that supports his innocence. This issue is procedurally barred by time."

Jeffrey Havard’s case will now be heard by a federal court. Mississippi needs to be told that it is not okay to put a man to death with no evidence to support guilt. The reasoning that the court is procedurally barred by time is absurd. Does the court really care more about time restrictions than it does about the life of another human being?

B. F.