The Story of Jeffrey Havard’s Wrongful Conviction
The trajectory of Jeffrey Havard’s life was irreversibly altered on the evening of February 21, 2002. While caring for six-month-old Chloe Madison Britt, the daughter of his then-live-in girlfriend, Rebecca, Jeffrey initially thought Chloe had soiled her diaper, only to realize she had vomited all over herself and her clothing. He decided to give her a bath, and after finishing, as he lifted her out of the tub and reached for a towel, Chloe squirmed and pitched backward, slipping from his grip, resulting in her leg hitting the toilet tank and her head striking the toilet bowl.
Currently, at the age of 46, Jeffrey is serving a wrongful conviction in a Mississippi prison for the abuse and murder of Chloe. However, evidence suggests that the tragic incident was an accident. New expert evidence supports Jeffrey’s claims, contradicting the allegations against him.
Jeffrey held her, thumbs under her arms, fingers bracing her neck and head, and gently shook her from side to side, blowing in her face and shouting repeatedly, “Chloe, are you OK?” Jeffrey took these measures, although he wasn’t trained in infant CPR. According to him, she began to cry. He later told the Clarion-Ledger, “I cradled her in my arms, ensuring she was alright. I dried her off, and she stopped crying. She seemed fine.”
Upon Rebecca’s return a few minutes later, Jeffrey mentioned that she and Jeffrey checked on Chloe. In the interview, he stated, “That eased my mind, and I didn’t say anything.”
He mentioned giving Rebecca money to purchase ingredients for a rotel recipe, return, and rent a movie. She then returned, checking Chloe and asking for more money to pay the late fee for the movie she was returning.
Upon her final return, she noticed that Chloe was not breathing and began to scream, starting CPR on her daughter. Jeffrey, who was in the bathroom then, recounted that Rebecca yelled for him to go to his grandparents’ house nearby. He recalled responding, “No, let’s get into the car and go to the hospital.”
Upon arrival at Natchez Community Hospital’s emergency room, medical staff hurried to resuscitate Chloe, who showed no signs of breathing and had no pulse.
Bruises were visible on her forehead and the front of her thighs. When a nurse removed her diaper to take her temperature, she said, “Look at this.”
The dilation of the baby’s rectum caught their attention, prompting them to contact the police.
Shortly after, they lost her pulse. Her face and brain began to swell. By 10:50 p.m., doctors pronounced her deceased.
Jeffrey was already in the back of a police squad car when Chloe was pronounced dead.
Around 3 AM, deputies escorted him from the jail to the interrogation room, at which time Jeffrey was told that Chloe was dead. He recalled, “And before I can even react, [the deputy] said, ‘And she’s been raped.’” He was stunned.
According to Jeffrey, the deputy said, “Son, she’s been ripped from end to end. You tell us right f—ing now what you did to her, and maybe that will keep the needle out of your arm up there in Parchman. You’re going to be executed for this.”
“That scared the hell out of me,” Jeffrey recalled. “I was scared to say I dropped her at that point.”
The following day, a hospital administered a DNA test on him in hopes of establishing a connection to the alleged sexual assault.
Upon his return to the jail, authorities provided him with documents detailing his arrest.
Jeffrey recalls his head spinning as he read the words, which accused him of sexual assault and shaking Chloe to death.
Upon seeing the term “subdural hemorrhage,” he acknowledged that accidentally dropping her on her head might have led to her death.
He recounted his narrative to deputies, who persistently questioned him regarding the rape accusations.
He expressed a desire to cooperate and attempted to consider possible explanations, but they remained convinced of his involvement in the sexual assault of Chloe.
The epitome of evil and human degradation.
In December 2002, Jeffrey faced trial for capital murder.
A succession of witnesses — including doctors, nurses, the sheriff, and others — recounted observing an anal dilation equivalent to the size of a quarter, alongside tears, lacerations, and bleeding they claimed to have witnessed in the child’s anal region.
The medical personnel who attended to Chloe at the emergency room later testified about the dilation of her anus, which they interpreted as indicative of potential sexual abuse.
Former state pathologist Dr. Steven Hayne, tasked with conducting Chloe’s autopsy, attributed her death to shaken baby syndrome. While conducting the autopsy, Hayne documented a one-centimeter anal contusion but did not provide further details about this discovery in his report.
Later, Hayne informed jurors that Havard had fatally shaken the infant, likening the injuries to those sustained in car accidents and falls from great heights.
The Court, however, overlooked that Hayne lacked certification as a pathologist, a crucial aspect of his credentials. After Havard’s trial, Hayne’s professional integrity was discredited by a series of flawed assessments in various cases, leading to his disqualification from performing autopsies in Mississippi.
The collection of evidence proved sufficient for the prosecution to secure a conviction. The combination of testimonies from hospital staff and Hayne’s identification of an anal contusion persuaded the Court of the occurrence of sexual abuse. Under Mississippi law, the prosecution could argue that this abuse directly led to Chloe’s murder. Consequently, the Court reasoned that if Jeffrey was responsible for the abuse, he must also be culpable for the murder.
Jeffrey petitioned the Court during his trial to allow him to engage an independent expert to review Hayne’s conclusions. Regrettably, Circuit Judge Forrest Johnson rejected his request, citing Hayne’s reputed qualifications.
Furthermore, jurors did not receive testimony from Jeffrey, as his court-appointed attorneys advised against his taking the stand.
Following 40 minutes of deliberation, jurors found Jeffrey guilty. Despite maintaining his innocence during sentencing, they recommended the death penalty.
Addressing Jeffrey, Judge Johnson remarked, “Just when you think that you have seen everything and that you have seen or heard of the absolute low point of evil and human depravity, someone like you comes along and shows us a new low in human behavior.”
Havard was sentenced to death by lethal injection.
Expert witnesses refute allegations of sexual assault and shaken baby syndrome diagnosis.
Despite Jeffrey’s conviction and subsequent death sentence, he remained unable to contest the prosecution’s presented evidence. Following his conviction, Mississippi’s post-conviction relief office enlisted the expertise of Dr. James Lauridson to review the autopsy findings.
Lauridson’s analysis concluded that the evidence did not substantiate any form of sexual assault. Notably, there were no indications of tears or lacerations in Chloe’s anus, and the observed dilation could occur naturally.
Moreover, Lauridson highlighted the absence of Jeffrey’s DNA on or within Chloe. Additionally, he suggested that the minor bruising could have resulted from a thermometer inserted during Chloe’s emergency room examination.
Jeffrey’s legal team, in their appeal to the Mississippi Supreme Court, presented Lauridson’s report and medical literature, arguing that postmortem anal dilation in infants was a common occurrence and did not necessarily indicate sexual abuse. However, this argument seemed to backfire as the Court noted that Chloe’s anal dilation had been observed in the emergency room before her death. The assertion that dilation would only occur after death was proven false, but this clarification came too late to benefit Jeffrey.
The Mississippi Supreme Court’s disregard for Lauridson’s report was troubling. They concluded that Lauridson’s analysis should have been included in the trial, which was a harsh blow to Havard. It’s worth noting that Havard was denied the opportunity for an independent review during his trial, underscoring the injustice of his situation. Sadly, Havard remains incarcerated simply because he lacked the financial means to hire his own expert.
At the request of The Clarion-Ledger, Dr. Michael Baden agreed to review the evidence pivotal to Jeffrey’s conviction. Dr. Baden, a globally respected physician and board-certified forensic pathologist, is renowned for his contributions to the field. Contrary to the conclusions drawn by the appeals court regarding anal dilation, Dr. Baden asserted that the anus can indeed dilate during a coma or postmortem. Additionally, he emphasized that the anal abrasion could have stemmed from innocuous factors like constipation, diarrhea, or friction against a diaper.
Dr. Baden further remarked that the injuries documented in the autopsy aligned with those typically associated with head trauma, consistent with Jeffrey’s account of Chloe accidentally falling and striking her head on the toilet.
Baden concluded that Chloe “was not sexually assaulted and that she died of injuries consistent with an accidental drop.”
Moreover, Baden contested the diagnosis of shaken baby syndrome, stating, “There is no autopsy or scientific evidence to support a diagnosis that Chloe died of shaken baby syndrome.”
Baden has stated that he is willing to testify on Jeffrey’s behalf if a new trial is granted.
See all expert witness reports.
Dr. Steven Hayne provides clarification that sexual assault did not occur.
Sexual assault served as the foundational felony charge against Havard, which empowered authorities to seek the death penalty in his case.
Authorities suspected sexual assault due to anal dilation, yet a 1996 study revealed that anal dilation was prevalent among deceased children, particularly those with brain injuries.
Hayne informed the Clarion Ledger that he had notified prosecutors of his inability to find any evidence of sexual assault.
Despite examining those sections under a microscope, a rape kit found no semen or foreign DNA.
His assessment? He found no signs of tears, lacerations, or comparable injuries to the child’s rectum. Hayne stated, “I would think that would be a definitive evaluation.”
Hayne has authored numerous declarations at the defense’s request in recent years. He informed Jeffrey’s legal team that the bruising observed during the autopsy could have resulted from a rectal thermometer akin to the one used in the emergency room. Furthermore, Hayne indicated that anal dilation would be a common occurrence among patients with limited brain function (Chloe sustained a traumatic brain injury when her head struck the toilet).
Moreover, in a 2014 affidavit, Hayne specified that he had explicitly informed prosecutors on multiple occasions before the trial that he could not substantiate a finding of sexual abuse. This crucial information was withheld from the defense, constituting a Brady violation.
Perhaps most shockingly, the defense discovered in January 2014, a staggering 12 years post-conviction, that Hayne had conducted a microscopic examination of tissue samples, conclusively determining the absence of evidence supporting a sexual assault. This revelation was particularly significant considering that suspicions of sexual abuse had initially arisen when emergency room doctors and nurses identified what they interpreted as physical indicators of such abuse. Hayne’s microscopic findings were exculpatory and would have definitively refuted the doctors’ and nurses’ interpretations. However, the state withheld this crucial evidence from the defense and neglected to inform the medical personnel about it before their testimonies.
During the trial. prosecutors stood before the Court and jury, asserting that Hayne had “confirmed the nurses’ and doctors’ worst fear, that this child had been sexually abused.” However, it was evident that they were fully aware of Hayne’s findings indicating the contrary; he had, in fact, refuted any claims of sexual abuse.
Hayne’s position on Shaken Baby Syndrome shifts.
The Clarion-Ledger interviewed Hayne regarding advancements in scientific understanding. He retreated from his previous conclusion regarding shaken baby syndrome, admitting that the injuries could have resulted from a minor fall. Referring to a 1979 study on children’s falls, he stated, “You can generate tremendous G forces in a short distance when you hit a very hard surface.”
In a sworn affidavit dated July 2013, Hayne altered his position on Shaken Baby Syndrome. He declared, “At trial, I testified that the cause of death of Chloe Britt was consistent with Shaken Baby Syndrome. Recent advances in the field of biomechanics demonstrate that shaking alone could not produce enough force to produce the injuries that caused the death of Chloe Britt. The current state of the art would classify those injuries as shaken baby syndrome with impact or blunt force trauma.” These assertions were made with a medically reasonable level of certainty.
In 2015, the state Supreme Court ordered a new hearing for Havard, citing the shifting science on shaken baby syndrome, but justices wouldn’t allow the judge to consider evidence that no sexual assault took place.
Chloe’s mother, Rebecca Britt, provided testimony that conflicted with her pre-trial statements.
In the initial trial proceedings, Rebecca Britt testified that Jeffrey never engaged in tasks like changing Chloe’s diapers or bathing her. This testimony significantly undermined Jeffrey’s defense, creating suspicion regarding his actions on the night of the incident.
Fortunately, Jeffrey’s legal team uncovered recordings of Britt’s statements before the trial. These recordings revealed a contradiction between Britt’s pre-trial testimony and her statements during the trial. Initially, Britt informed authorities that Jeffrey loved Chloe and assisted in caring for the infant by changing her diapers and giving her bottles. Furthermore, during the interview, Britt expressed no surprise at Jeffrey bathing her daughter. Regrettably, the jury was not presented with Britt’s pre-trial statements.
Jeffrey’s legal team contended that his prior representation was inadequate in addressing the issue of Rebecca Britt’s testimony during the appeal, as they failed to contest its credibility. However, the Court disagreed, asserting, “There is no reasonable likelihood that Britt’s testimony, if false, affected the judgment of the jury.” The question arises: how could the Court reach the conclusion that Britt’s testimony had no effect on the jury’s decision?
Jeffrey pledges to continue his fight, asserting, ”The truth is the truth.”
Jeffrey remains steadfast in his commitment to continue the fight for truth. During the August 2017 hearing, Hayne and four other experts concurred that Chloe’s death was not attributable to shaken baby syndrome. However, both Hayne and another prosecution expert maintained their belief that her death was a homicide.
Renowned pathologist Dr. Michael Baden of New York City stated that he believes that the injuries sustained by 6-month-old Chloe Madison Britt were indicative of a fall. Baden contested Hayne’s assertion, stating that the baby’s injuries aligned with the fall described by Jeffrey. “With shortfalls,” he explained, “you can have fatal injuries.”
Following three days of testimony and the submission of extensive briefs, Judge Johnson issued an order spanning less than five pages. Despite introducing new evidence regarding shaken baby syndrome, Johnson concluded that Havard remained equally culpable, citing the testimonies of Hayne and Dr. Scott Benton, the chief of the forensic medicine division at the University of Mississippi’s Medical Center.
However, the judge opted to overturn the death sentence, deeming that while the evidence was “not sufficient to undermine this Court’s confidence in the conviction, there is a cautious disturbance in confidence of the sentence of death, even if slight.”
This conclusion left Jeffrey baffled. “If I’m just as guilty as I was before, what disturbs my death sentence?” he questioned.
Furthermore, he raised the point that if there is indeed doubt, wouldn’t that also impact his conviction?
Jeffrey vows to keep fighting. “If it takes a week, if it takes 10 months, if it takes 10 years, the truth is the truth,” he said. “I want the truth to come out.”
Conclusion
In an interview with The Clarion-Ledger, Jeffrey 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.”
The truth in this case is undeniable: Jeffrey Havard is innocent of murder and should not endure further consequences for a crime he did not commit. The rejection of his second motion for post-conviction relief by the Mississippi Supreme Court, with the assertion that “There is no merit to Jeffrey’s claim that newly discovered evidence exists that supports his innocence. This issue is procedurally barred by time,” underscores the urgency of his situation.
Petitions emphasizing the Brady violation and presenting new expert evidence await review by the Mississippi Supreme Court. Jeffrey has now been behind bars for over two decades, almost 16 years of which was spent on death row. The state of Mississippi must be informed that sentencing a man to life in prison without evidence to substantiate guilt is unacceptable.
Justice for Jeffrey Havard 