UPDATE: MARYBETH DAVIS RELEASED FROM PRISON!
For Immediate Distribution: October 15, 2007
Marybeth Davis was released from prison on October 9, 2007, after accepting a plea agreement from Greenbrier County Prosecuting Attorney, Kevin Hanson. At a hearing on October 5, Marybeth was given the option of pleading guilty to the alleged poisonings of her two children in exchange for her immediate release, or of maintaining her innocence and continuing to remain incarcerated indefinitely. Having endured ten years of imprisonment for crimes that never occurred, Marybeth accepted the plea agreement.
The agreement states that Davis will “never publicly disavow the factual basis set forth in this plea and that she will never encourage, incite or aid anyone else in doing so.” Any violation of the agreement (or perceived violation) will send Marybeth back to prison on the original sentence of life without mercy. Citizens to Free Marybeth Davis will make no comments pertaining to the plea agreement.
Citizens to Free Marybeth Davis will continue to stand by the proven facts of the Davis case.
- The deaths of Tegan and Seth Davis were not the result of criminal acts. The medically confirmed causes of death for Tegan and Seth Davis have always been ‘natural causes’. The medically confirmed diagnosis for Tegan Davis is Reyes Syndrome. The medically confirmed diagnosis for Seth Davis is Human Growth Hormone Deficiency.
- The Davis case was never an unsolved “cold case.” Although State Police Investigator Mike Spradlin claims to have cracked the case, the original 1982 investigation by then prosecutor Ralph Hayes determined that no crimes had been committed. Nothing has been presented that disproves the conclusions of the 1982 investigation. To the contrary, all evidence revealed since 1982 exonerates Marybeth Davis from any wrongdoing and proves that no crimes were ever committed.
- There was never any “new” evidence that proved crimes had been committed. The charges of murder and attempted murder brought against Marybeth are cruel and heartless fabrications. Prosecutor Mark Burnette and State Police Investigator Mike Spradlin deliberately ignored the results of Ralph Hayes’ 1982 investigation which concluded that no crimes had been committed, deliberately ignored the diagnoses of ‘natural causes’ for both of the Davis children, and deliberately withheld medical evidence that proved Marybeth’s innocence until after the trial had concluded.
- Marybeth Davis was prosecuted and convicted based on a theory of poisoning that has been proven impossible. Tegan Davis was allegedly poisoned with an overdose of caffeine after being forced to ingest diet pills. Notwithstanding the fact that the amount of caffeine found in Tegan’s system at the time of her autopsy was the amount equivalent to approximately one cup of coffee, the prosecution’s theory of murder would require Tegan to have ingested the contents of thousands of caffeinated diet pills at one time. Such an allegation is absurd.
- Seth Davis was allegedly poisoned with injections of insulin. Insulin causes hypoglycemia or low blood sugar. However, Seth Davis was confirmed with Human Growth Hormone Deficiency, a genetic disorder, which causes, amongst other things, episodes of hypoglycemia (low blood sugar). Seth suffered documented episodes of hypoglycemia (low blood sugar) while Marybeth was in prison. The diagnosis of Human Growth Hormone Deficiency is the obvious explanation for Seth’s hypoglycemia.
- In addition to falsifying and hiding evidence, Burnette and Spradlin prosecuted Marybeth on the allegation that she suffered from Munchausen Syndrome by Proxy, a questionable psychological disorder that causes a caregiver to harm their children to draw attention to themselves. Notwithstanding that Munchausen Syndrome by Proxy has been discredited as a legitimate medical-legal entity in Australia and the United Kingdom, Burnette and Spradlin made no attempt to prove that any deliberate harm ever befell the Davis children. Their prosecution of Marybeth Davis relied on her alleged affliction with a fictional psychological disorder and had no basis in fact. As such, Marybeth was convicted of poisoning her children because the prosecution convinced the jury that she fit the profile of a mother suffering from Munchausen Syndrome by Proxy, and not because of any proof that she ever harmed her children.
- Kevin Hanson, the current Greenbrier County Prosecuting Attorney, has stated that there was a “substantial risk” that Marybeth would be found not guilty if a new trial were granted. According to Hanson, it was more important to the state and to Mark Burnette that Davis admit what she did rather than risk a new trial. Marybeth’s supporters see these statements as tacit acknowledgement of her innocence.
The facts of the Davis case prove that the deaths of Tegan and Seth Davis were the result of natural causes and not of any criminal acts. Because there were never any crimes, there should never have been any prosecution. The fact that Marybeth Davis was prosecuted for crimes that never occurred suggests serious professional misconduct on the parts of Prosecutor Mark Burnette, State Police Investigator Mike Spradlin, and Prosecutor Kevin Hanson. Indeed, according to Rule 3.8 of the Rules of Professional Conduct published by the West Virginia State Bar Association, prosecutors have special duties when prosecuting criminal defendants including “(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;” and “(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense.” Consequently, Citizens to Free Marybeth Davis presents the following challenge to Mark Burnette, Mike Spradlin, and Kevin Hanson.
CHALLENGE TO MARK BURNETTE, MIKE SPRADLIN & KEVIN HANSON
Prove that the Davis Children were deliberately poisoned. Prove the crimes in the Davis Case. Show exactly what it is that proves that the Davis children were deliberately harmed. Prove that the many times confirmed diagnoses of ‘natural causes’ for the Davis children are wrong. Show what it is that proves that Ralph Hayes made a mistake in 1982 when his investigation concluded that no crimes had been committed. What is the evidence that proves that Tegan was poisoned with caffeine and Seth injected with insulin? What is it that proves that the diagnoses of Reye’s Syndrome for Tegan and Human Growth Hormone Deficiency for Seth are not correct?
Until the State of West Virginia offers substantial and verifiable proof that the Davis children were deliberately poisoned and that the medically confirmed diagnoses of ‘natural causes’ for both Tegan and Seth Davis have been proven by medical specialists in genetic diseases to be wrong, Citizens to Free Marybeth Davis will continue to present the truth through this web page. The health problems and deaths of the Davis children were due to ‘natural causes’, and not to deliberate poisoning. The Davis Case has no crimes.
MARYBETH DAVIS | INNOCENT MOTHER | CONVICTED WITHOUT CRIMES