Saturday, June 30, 2012

Shaken Baby Syndrome: A fresh approach: Set up review panels to unconvict the innocent; Rachel Burg; U. of Michigan Law Reform Journal.


STORY: Unconvicting the innocent: The case for shaken baby syndrome review panels,' by Rachel Burg, published in the University of Michigan Journal of Law Reform in its Spring 2012 edition.

GIST: "Unfortunately, Julie is not alone in her experience. The truly heartbreaking stories, however, are those that are not told–the innocent people currently in prison, convicted of seriously injuring a child that they loved, based on a medical diagnosis that has become scientifically questionable. Like Julie Baumer, many defendants enter court unprepared to counter the legion of medical experts that they will face, and most are not as lucky as Julie was to find an Innocence Clinic to take on their causes. This Note examines the interaction between a Shaken Baby Syndrome (SBS) diagnosis and our criminal justice system, and calls for a review process to be put in place. An SBS Review Panel would give those convicted of SBS-related crimes the opportunity to have competent experts review the medical records, and the chance for a fair trial."

For full paper see link

http://www.mjlr.org/wp-content/uploads/2012/05/Burg_45.3.pdf

The entire precis of the periodical article can be found at:

http://medicalmisdiagnosisresearch.wordpress.com/2012/06/28/un-convicting-the-innocent-the-case-for-shaken-baby-syndrome-review-panels/

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Friday, June 29, 2012

Bulletin: Lamonte Armstrong: Convicted in 1995. Freed after partial palm print finally yields a match. Duke Law School case. New trial?



STORY: "Judge frees Lamonte Armstrong after new evidence in his 1995 conviction," by reporter Mark Geary, published on June 29, 2012.

GIST: "Duke University's Wrongful Convictions Clinic and Innocence Project has worked with Armstrong to get his case heard in court. Duke Law professor Theresa Newman and professor James Coleman have worked on the case along with students and alumni from the Duke Law School. Five of the students continued to work on the case, pro bono, after they graduated.........According to Greensboro Police, "a partial palm print, along with other latent prints collected at the scene, was sent to the State Crime Laboratory for identification in the early 1990's; no match was made. Advances in technology since Armstrong's trial have now helped us identify the palm print as belonging to Christopher Bernard Caviness, a person of interest in this crime. As part of re-opening this case, Greensboro Police ran the original partial palm print through its SPEX fingerprint database, which produced a hit. A latent print examiner with the Greensboro Police Department was able to make the match on the hit, which was then independently confirmed by a second print examiner and also by the State Crime Laboratory."

The entire story can be found at:

http://www.digtriad.com/news/article/234285/57/New-Trial-Possible-for-Man-Convicted-of-Murder?odyssey=tab%7Ctopnews%7Cbc%7Clarge

See raw video of his release:

http://www.youtube.com/watch?v=DvlJ5Gpxs-c

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: New manual on "DNA for defence lawyers." Free on line. Written by experienced defence lawyers and DNA experts. Must Read! HL.

PUBLICATION: "DNA for the defence bar" published by the National Institute of Justice;

GIST: "DNA for the defense bar is specifically designed for criminal defence attorneys. The National Institute for Justice engaged an impressive multi-disciplinary team to produce the most up-to-date information possible in the ever-involving area of DNA."

BACKGROUND. (Thanks to Sarah Rackley for drawing attention to this important new publication - on "Forensic Science in North Carolina," (added to our links)  a Blog published by the North Carolina Office of Indigent defence services - and thanks to Lynne Blanchard, a great supporter of this Blog, for drawing Sarah's post to my attention. HL); In Sarah Rackley's words: "A fantastic new publication is available for criminal defense attorneys working on cases with DNA evidence. DNA for the Defense Bar was published by the National Institute of Justice in June 2012 and is available for free download here. Normally I don't recommend printing out publications because I love trees, but this is one resource that you'll want to print out and keep on hand when you're working on cases with DNA evidence. This manual was written by a group of experienced defense attorneys and DNA experts including Jack Ballantyne, Catherine Cothran, Jules Epstein, Christine Funk, Chris Plourd, Vanessa Potkin, Ron Reinstein, and Edward Ungvarsky. Its approach to basic and advanced topics is easy to understand. The manual contains excellent examples and figures so that attorneys can visualize the concepts discussed and compare the figures in the manual to lab reports in their own cases.There are clear explanations of topics such as artifacts, interpretation of results, cold case hits and CODIS, DNA collection issues, laboratory issues, newer techniques such as mtDNA and Y-STR, and statistics. There is a glossary that attorneys can use to understand the concepts in this publication and the language used in lab reports. In addition to explaining the science and techniques of DNA analysis, the manual offers advice on topics such as opening and closing statements, jury selection, and cross examination. This is a great reference for any attorney working on cases with DNA evidence."

PUBLISHER'S NOTE:

I am monitoring DNA-related issues. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Pamela Jacobazzi: (Illinois); Three women falsely accused after their children were misdiagnosed with "shaken baby syndrome" speak out.

STORY: "UIS innocence group to publicize false abuse charges," by reporter Chris Stroisch, published in the State Journal-Register, on June 22, 2012.

GIST: Laura Nimke, Nichole Crister and Michelle Weidner give their first hand accounts of what it is like to be falsely accused of child abuse after their children were misdiagnosed with shaken baby syndrome.

The entire story can be found at:

http://www.sj-r.com/top-stories/x1762342705/UIS-Innocence-group-to-publicize-false-abuse-charges?zc_p=0

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Thursday, June 28, 2012

Brenda Waudby: (7); Excellent CBC TV News report: Reporter Steven Bull.

STORY: "Justice Prevails: It took 15 years but justice has prevailed for Brenda Waudby after she was falsely accused of child abuse," reported by Steven Bull, CBC News.

This excellent CBC News report can be seen - following a few brief commercials commercials! - at:

http://www.cbc.ca/player/News/Canada/Toronto/ID/2250967282/ Steven Bull.

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Brenda Waudby: (6): Two lines in the prosecutor's brief that say so much.


Publisher's view: After reviewing the materials for yesterday's hearing, two lines - contained in a document filed by Crown Law Officer Alison Wheeler representing the Crown - strike me as going to the heart of what happened to Brenda Waudby. Simply put, the former doctor Charles Smith came into her life. The two lines read:

"In addition, the Crown acknowledges that in the absence of an incorrect pathology opinion from Dr. Smith, Ms Waudby would never have been charged with killing her daughter and would never have been accused or convicted of abusing her. If the forensic pathology had been done properly in the first place, Ms Waudby would never have been seen as anything other than a grieving mother facing her own difficult issues, who had her young child horribly and violently taken from her."

The acknowledgment is significant because Smith is the "expert" that prosecutors called on again and again to get conviction upon conviction of people unfortunate to be at the receiving end of his erroneous opinions and corrupt practices such as lying inside and outside court, misleading judges and jurors and "losing" key items of evidence which could have proven he was wrong, and that the at the accused person was innocent.

In the aftermath of the Goudge Inquiry, the Ontario Attorney-General's ministry has put in safeguards to ensure that thorough prosecutorial screening is done before charges are laid in suspicious death of children cases. This is a welcome development. The fact remains, however, that Charles Smith - unlike his victims - has not been charged with a single crime. And this sends the deplorable message that in Ontario, corrupt pathologists who subvert our criminal justice system to help the state get convictions can operate with immunity. I promise not to repeat the following mantra after this last time: The Ontario government is not in a position to determine if criminal charges should be laid against Smith because it is an "interested party," having relied on his evidence to secure convictions for so many years. At the very least, the government should bring in an independent counsel from another province to review the critical cases and publicly make a recommendation as to whether there is a reasonable prospect of conviction. If there is, charges should be laid. If there isn't it's game over and the public will move on. this was done in Ontario when former Attorney General Michael Bryant was involved in a tragic motor vehicle incident that resulted in the death of a bicycle courier. If there is a political will to bring Smith to account it should be done here.

Harold Levy. Publisher; The Charles Smith Blog.

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Wednesday, June 27, 2012

Brenda Waudby: (5); Aftermath of the hearing: Former Toronto lawyer: "The legal system ganged up on her like a pack of dogs after a deer."


STORY: "Brenda Waudby cleared of child abuse charges from 1997: Six years after her true daughter's killer is convicted, Ms. Waudby's charges relating to Jenna Mellor's death are cleared from her record," by reporter Todd Vandonk, published in My Kawartha on June 27, 2012.

GIST: "A former Toronto lawyer was first out of the courthouse and told media that this case has been a great disgrace to the justice system. “The legal system ganged up on her like a pack of dogs after a deer,” explained Burke Doran, who says he’s been following Ms Waudby’s case closely for a long time. “The legal system out here in Peterborough, not the present bunch but the prior bunch, were playing dirty pool and ganging up on a vulnerable person.”

The entire story can be found at:

http://www.mykawartha.com/news/court/article/1382944--brenda-waudby-cleared-of-child-abuse-charges-from-1997

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Brenda Waudby (4): Justice Fuerst unexpectedly orders her name to be struck from Ontario's Child Abuse List (The mark of a fine judge. (HL));

Publisher's View: If there was an unexpected moment at today's hearing, it was Justice Michelle Fuerst announcement that she intended to order the province to strike Brenda's Waudby's name off of Ontario's Child Abuse list. Justice Fuerst obviously recognized the pain and stigma that being on the list must cause Ms. Waudby - the innocent victim of a horrific crime - especially since she was about to quash the conviction under which Ms. Waudby had been placed on the Registry. To her great credit, Justice Fuerst order the name to be struck from the Register by July 11, 2012 - and if that doesn't happen, Registry officials are to be brought before her to explain their non-compliance. As well, to her great credit Justice Fuerst trumpeted Ms. Waudby's unequivocal innocence on all of the allegations she had faced - and ordered the Court Reporter to prepare as quickly as possible a transcript of the hearing containing her comments to be made available without cost to Ms. Waudby. Moreover, although Justice Fuerst made no judgment as to whether Ms. Waudby's guilty plea had been coerced by her prosecutor, she found that Ms. Waudby believed that the murder charge of which she was innocent would not be withdrawn unless she pleaded guilty to child abuse and that she would lose her two remaining children if she continued to fight the charge - and therefore allowed Ms. Waudby to introduce the new, independent medical evidence which proved that she had not in any way injured Baby Jenna. All in all, Justice Fuerst's conduct of the hearing helped make this the very special day that Brenda Waudby and her family so greatly deserved. A fine, if belated day for justice.

Harold Levy; Publisher; The Charles Smith Blog.

------------------------------------------------
PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Brenda Waudby: (3); Her extraordinary address to the Court;



Publisher's note: One of the most dramatic moments at today's hearing was Brenda Waudby's request to address the court about her 15-year ordeal. Justice Michelle Fuerst acceded to her request - even though it is not customary for a party to address the court during an appeal. Ms. Waudby then made the following presentation which clearly moved Justice Fuerst, who applauded the fact that it was so articulate. Here in its entirety is Brenda Waudby's presentation to the court - which in my own view is one of the most powerful, insightful presentations (my hardened journalist's eyes watered) I have ever heard in a court of law. (And I have heard many of them!)

Harold Levy: Publisher; The Charles Smith Blog.

-------------------------------------

"Good Morning Your Honour. My name is Brenda Waudby and I am Jenna Mellor’s mother.

I almost can’t believe that this day has arrived and that I have just heard the Crown state that my plea of guilty to child abuse was a miscarriage of justice. I can’t describe the feeling that I have now as I stand before this court in the presence of my daughter Justine and the rest of my family.

Not only has the Crown offered an apology but it has been committed to righting the wrongs in my case and that has meant everything to me and to my children. I know that extraordinary effort that has been put into this appeal over many months by both my lawyer Julie Kirkpatrick and by Ms. Wheeler. Because of that effort I know that the apology offered by Ms. Wheeler on behalf of the Crown is sincere and I am prepared to accept it wholeheartedly.

On the March 1st, 2007 when Jenna’s killer was sentenced, I read a victim impact statement to the court. I would like to read a short part of that today:

“Jenna was gone forever. I could never say goodbye to her. My baby had barely started her life. She was just learning to talk. Her first word was “Mum.” I believed Jenna had great potential, but I will never know. She had a smile that would light a room. Her eyes sparkled with life. She loved me and I love her. I was to be her safety and security. I let her down. I failed her. Do you have any idea the guilt of failing your child? I was charged with murder. I pled guilty to a Child and Family Services Act charge in June of 1999. I was innocent of this charge. I understood from my lawyer that my choice was I pled guilty or fight the murder charge and the CAS put Justine up for adoption. I was terrified at the prospect of losing another child forever.”

That decision to plead guilty to save my family is the reason why I am before this court today. It worked. I did save my family. Justine is here with me in this courtroom today and I want her to know that I love her, that everything I have done I have done for her and for her younger brother, and to make sure that there is justice for Jenna. I also have wanted to do my best to make sure that my story is told, and that the record is clear, so that what has happened to me never happens to another family. That is why I am here.

There have been so many mistakes made by the justice system over the past fifteen years since Jenna’s death. I don’t know why that is so. I will never know why all of this has happened to us. But once the mistakes started – beginning with Charles Smith and the coroners’ office right after Jenna died – it was like a freight train that couldn’t be stopped.

I started to call for a public inquiry in 1999. I knew that something had gone horribly wrong with my case. And I knew that nothing that I had been told by Charles Smith, by the police, or by my own lawyers about Jenna’s death made any sense.

Even though the charge of murder had been withdrawn, I was still a suspect. I knew it was the babysitter and I started to launch complaints to everyone I could think of, hoping that someone would listen. I complained to the Police Services Board, the Board of the Kawartha Haliburton Children’s Aid Society, the Ombudsman, the College of Physicians & Surgeons, the Office of the Chief Coroner, the Attorney General, the federal Justice Department, MPs and MPPS, the media.

My complaints were largely ignored, and many of the responses that I received were nothing short of condescending. People told me that I should give up and “move on” but there was something in me that could not stop. I fought this battle alone for so long and no-one was listening.

I welcomed the Goudge Inquiry into Pediatric Forensic Pathology and fully participated in it. But I also knew that the Goudge Inquiry could not do everything to set things right in my case and that my fight was not over.

At the end of the Goudge Inquiry I was still a convicted child abuser, with the question remaining as to whether Jenna had suffered older injuries to her ribs and to her liver and whether I was responsible. That is why I brought this appeal. It is the last step for me in clearing my name.

I was pleased, but not surprised, when Dr. Milroy confirmed for this appeal that none of Jenna’s injuries were old. I always knew what the answer to that question would be. I knew that I didn’t harm Jenna and I knew that the only reason I pled guilty to the charge of child abuse was because I believed that I had no choice.

The consequence of my plea of guilty to child abuse, however, was enormous – not only legally, but privately. Because of that conviction I was not able to have my young son in my care until he was almost one year old. The Children’s Aid Society entered Jenna’s autopsy photographs into evidence before the family court and I was repeatedly accused of causing the injuries that were evident on her body. She was beaten black and blue. She was sexually assaulted. It didn’t matter how often I said that I didn’t , and couldn’t have, done that to her, very few people would believe me. The only person who I know truly believed me, without question, was my mother and it breaks my heart that she did not live to see this day. I wish that she was here with me.

When the babysitter was finally charged and then convicted in Jenna’s death, I was still left with the child abuse conviction. I asserted my innocence in court at his sentencing hearing and no-one reacted. I think they should have. I did not see the babysitter’s 2005 confession until I launched this appeal although many others in the justice system had.

The full confession has now been filed by Crown counsel Alison Wheeler as part of the public record in this appeal and I am grateful for that. As hard as it has been to read, the truth of what happened to Jenna is in that babysitters’ confession and it is the only thing about my case that has made any sense to me at all.

I also had the opportunity last week to meet with the expert pathologist Dr. Christopher Milroy to discuss what happened to Jenna. The time and care was taken with me during that meeting set many things in my mind to rest. Dr. Milroy told me that there is absolutely nothing in the medical evidence that has changed in Jenna’s case since the date of her death 1997. It’s not a question of having to search for the truth these past 15 years. The truth was there. Charles Smith got it all wrong.

This appeal has been a lengthy process but as a result of the work that has been done I know that I have received all of the information that I have requested, and I truly believe that all of the questions that can be answered at this point have been answered.

We are all human and we all make mistakes. I have made many mistakes and I have had to learn to live with the biggest mistake of my life – leaving Jenna with my neighbours to babysit on January 21st, 1997 and returning home to find sirens in my driveway and my baby dead in the hospital morgue. Somehow the fourteen-year-old boy was able to sexually assault and beat my baby to death while his mother was upstairs and nobody at the time believed that was possible. They thought it must have been me. I live my life wishing I could turn back the clock and that I had stayed home that night. But I didn’t, and I have had to learn to live with that.

Because I have had to learn to live with the horror of what happened to Jenna, I know that I have become far stronger than I ever knew I could be, more determined to seek truth, more committed to seeing that justice is done, and I hope, more understanding of others, less judgmental, and more determined to be kind and to choose to forgive whenever possible.

I am truly grateful to my lawyer Julie Kirkpatrick for listening to me, for believing me, and for working so hard on my behalf in this appeal to see that justice is done.

I knew that if I didn’t give up that this day would come. I am proud of myself that I never ever gave up no matter how alone I was or how dim the light looked ahead of me. My beautiful children have made it worth the fight and, because of me, they know that anything is possible if you believe deeply in finding the truth.
Your Honour, thank you for giving me the time today to say the things that I have needed to say for a long time. I very much appreciate that. Thank you."

--------------------------------------------------------------------------

PUBLISHER'S NOTE:
I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Brenda Waudby:(2): Prosecutor Alison Wheeler's moving apology. A fitting close to a 15-year ordeal. (HL);

Publisher's view: I attended today's hearing during which Prosecutor Alison Wheeler and Defence Counsel Julie Kirkpatrick jointly urged Justice Michelle Fuerst to strike the guilty plea to child abuse, quash the conviction and substitute a verdict of acquittal. In my career as a criminal lawyer and journalist, I don't think that I have ever heard such a thoughtful, moving apology from a prosecutor. Although it is difficult to feel anything but bitterness over the sorely flawed, cruel criminal justice system in Ontario that put Brenda Waudby and her family through a 15-tyear-old deal, there is something redemptive in knowing that someone in the system could express publicly such empathy for a person the government has wrongly prosecuted.

Judge for yourself:

"The Crown is deeply sorry for how Ms. Waudby has suffered as a result of being wrongfully convicted of abusing Jenna. Her daughter was the victim of a homicide. She should have been treated like a grieving parent. She was not. Due to flawed forensic pathology she had to deal with being the focus of a police investigation, being charged with murder and being stigmatized as an abusive mother. Although the CAS (Children's Aid Society) had legitimately been involved with the family because of other issues, when all things are considered it would seem that she was wrongly deprived of her two other children for periods of time largely because of Dr. Smith’s opinions. She was wrongly placed in the position of having to rebuild a parental relationship with her older daughter, J., who at one point came to believe that her mother may have been responsible for Jenna’s death. She was wrongly stigmatized in a small community over a long period of time. And, it has taken a very long time for all of this to be set straight. For all of this, the Crown is deeply and sincerely sorry."

It is also worth noting that the apology, which is effectively made on behalf of the province, is being backed up by some commendable actions.

As Ms. Wheeler continued:

"While these wrongs can never fully be made right, a number of steps have and will be taken. For instance:

 Jenna’s case was one of a set of cases that were examined in detail at the “Goudge Inquiry” into pediatric forensic pathology in Ontario. This provided Ms Waudby with some answers about how Dr. Smith came to hold such weight with police and prosecutors, and how his incompetence went unnoticed and unchecked for so many years.

 Ms Waudby participated in a compensation process that resulted from the Inquiry. This compensation process was intended to recognize the moral responsibility of the Government for the suffering that resulted from the faulty forensic pathology relating to the deaths of the children in the group of cases examined by the Goudge Inquiry. The Inquiry compensation process was connected to the murder charge. A similar process has now been extended to deal with these proceedings.

 The Crown and other parties have settled law suits with Ms Waudby.

 The government has also paid Ms Waudby’s disbursements incident to bringing this appeal, and will pay the costs for Jenna’s re-burial (her ribs were not buried originally).

 The Crown is arranging for Ms Waudby to meet with a senior official in the Criminal Law Division, to address her concerns about the manner in which the prosecution of J.D. proceeded.

 Ms Waudby is going to meet with forensic pathologist Dr. Chris Milroy, who reviewed the case for the purpose of this appeal, to address any remaining questions she has about Jenna’s injuries and death.

 The Crown is making inquiries to determine if Ms Waudby’s name can be
removed from the Child Abuse Registry, and if so, what steps need to be taken to have her name removed."Harold Levy: Publisher; The Charles Smith Blog;


PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog;

Brenda Waudby: (1): The Peterborough Examiner on her complete and utter exoneration earlier today in a Peterborough courtroom. Reporter Sarah Deeth.


STORY: "Judge overturns Waudby's 1999 child abuse conviction," by reporter Sarah Deeth, published in the Peterborough Examiner on June 27, 2012.

GIST: "Brenda Waudby is no longer a perpetrator of a violent crime against a child. She is no longer a criminal. She is now simply the mother to a young woman and a young man, and the grieving mother of a child whose violent murder was the event that set off her long legal nightmare. On Wednesday morning Madam Justice Michelle Fuerst overturned Waudby’s 1999 child abuse conviction, acquitting her of the charge. The ruling capped a 15-year ordeal for Waudby, the last step in a long, hard journey to clear her name. During the emotional Superior Court proceeding, Waudby heard something she’s waited 15 years for: an apology, issued by Crown attorney Alison Wheeler, who acknowledged that Waudby’s conviction was a miscarriage of justice. “The Crown apologizes to Brenda Waudby,” Wheeler said. Her child, 21-month-old Jenna, was the victim of a homicide, Wheeler said. “Ms. Waudby should have been treated as a grieving parent. She was not,” Wheeler said. Instead, Waudby became the prime suspect, interrogated by police and eventually charged with murdering her child in 1997. She was stigmatized by the community, Wheeler said, and her two children were taken from her by the Children’s Aid Society. It was wrong, Wheeler said, and it’s taken a long time to set it right. “For all of this, the Crown is deeply and sincerely sorry,” she said. It was an apology Waudby said she accepted whole-heartedly."..........The basis for both the child abuse and murder charge lay in the shoddy work of disgraced former child pathologist Dr. Charles Smith, who told investigators Jenna was injured while she was in Waudby’s care. Smith also said he discovered “old” rib injuries, which he said were an indication of previous abuse. Smith was later found to have given false testimony in a series of child death cases. He was stripped of his medical licence last year. Wheeler conceded that if the forensic pathology was done correctly in the first place, Waudby never would have been charged with anything. When the babysitter pleaded guilty Crown attorney Brian Gilkinson told court the sitter admitted that his blows to Jenna’s abdomen “would’ve” caused rib injuries. But there was an error in the official court transcript, and Gilkinson’s statement read, “wouldn’t have.” The transcript was entered into proceedings during the Goudge Inquiry, a 2007 hearing that examined Smith’s work and child pathology in the province. The error became part of the public record. It wasn’t discovered until Kirkpatrick sought a court order allowing her to listen to the taped recordings of the babysitter’s proceedings. The babysitter’s confession was never disclosed to Waudby, nor was a medical report that indicated Jenna’s injuries may not be old, or notes written by investigators that indicated they realized Waudby may not be guilty of child abuse. Waudby’s lawyer, Julie Kirkpatrick, hammered on these facts in her submissions to the court. As she put it, the babysitter’s confession and a new pathology report fit together like a hand and glove. “All of the injuries occurred in the same time frame, and occurred under the babysitter’s watch,” Kirkpatrick said. “It is now an incontrovertible fact that Jenna did not have any old injuries when she died,” Kirkpatrick said."

The entire story can be found at:

http://www.thepeterboroughexaminer.com/2012/06/27/crown-apologies-to-brenda-waudby

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog;

Barton McNeil: Illinois Innocence Project takes 1998 murder case. New DNA testing could offer hope of exoneration. WJBC;

STORY: "Illinois Innocence Project takes 1998 murder case," by reporter Ryan Denham, published by WJBC on May 4, 2012. (This case only recently came to my attention. HL);

GIST: "The Illinois Innocence Project is taking on a 1998 Bloomington homicide, hoping to exonerate convicted murderer Barton McNeil and expecting to get some help from new DNA evidence testing. The Illinois Innocence Project is “in with both feet, in terms of giving this a thorough, thorough review,” said IIP Legal Director John Hanlon, who recently visited McNeil in prison. A “professional” referred the case to the IIP, but Hanlon declined to say who or describe their occupation........McNeil was convicted of smothering his 3-year-old daughter, Christina. He’s now serving a life sentence in prison but has long maintained that his then-estranged girlfriend, Misook Nowlin, broke into his Bloomington apartment and killed Christina while he slept. But Nowlin, now known as Misook Wang, was arrested last fall and charged with staging an elaborate plot to lure her 70-year-old mother-in-law, Wenlan “Linda” Tyda, into traveling to the Twin Cities, where she was strangled. Tyda’s body was later dumped in a forest preserve near her home in the Joliet area. That connection was enough to prompt a second look at the 1998 case by police and the McLean County state’s attorney’s office. Detectives traveled to interview McNeil at Menard Correctional Center but later announced there were no new leads to pursue.........Hanlon’s specialty is DNA cases. Ultimately, the goal in such cases is to file a new motion for DNA testing on certain evidence, Hanlon said. Generally speaking, DNA evidence exists in only about 10 percent of serious criminal felony cases, he said. “But we think it exists here,” he said. (If DNA testing is not possible, another IIP lawyer specializing in investigations would then likely get the case, Hanlon said.)."

The entire story can be found at:

http://wjbc.com/illinois-innocence-project-takes-1998-b-n-murder/

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Tuesday, June 26, 2012

Simon Harwood trial. (5): Court told that pathologist Dr. Freddy Patel 'threw evidence down the sink' because he had 'made up his mind'; Daily Mail.





Consultant forensic pathologist Dr Freddy Patel, 64, carried out the first post-mortem on Mr Tomlinson on April 3, 2009 - two days after his death during the G20 protests in the City of London. His findings led to the official line that the newspaper vendor had died of natural causes in the form of a heart attack. This theory was only questioned when footage later emerged of PC Simon Harwood hitting Mr Tomlinson with a baton and shoving him to the floor. The father-of-nine collapsed minutes later. Two subsequent post-mortems involving three pathologists concluded that Mr Tomlinson had been killed by internal bleeding caused by a liver injury, the hearing at Southwark Crown Court was told.........Prosecutor Mark Dennis today questioned whether Dr Patel had given proper consideration to the three litres of 'internal abdominal fluid blood' - which he later threw down the sink - and blood clots found in Mr Tomlinson’s stomach cavity."

The entire story can be found at:
http://www.dailymail.co.uk/news/article-2164981/Pathologist-examined-Ian-Tomlinson-threw-evidence-sink-mind-newspaper-vendor-died-G20-protests.html

See Guardian story on today's hearing:

http://www.guardian.co.uk/uk/2012/jun/26/ian-tomlinson-pathologist-forensic-evidence

PUBLISHER'S NOTE:
I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to:

hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Pamela Jacobazzi; Shaken baby syndrome case taken on by the Illinois Innocence Project. (We will follow developments. HL);


STORY: "The Pamela Jacobazzi case," published by the Illinois Innocence Project on its Web page.

GIST: "Jacobazzi became the main suspect in Matthew's death. Matthew's injuries, which included a subdural hematoma, retinal hemorrhaging, and brain swelling, were considered consistent with Shaken Baby Syndrome (SBS). At the time, SBS was considered sound science and was accepted in the medical community. Recently however, SBS has become a controversial diagnosis. Changes in medicine now challenge the assumption that the trio of injuries (subdural hematoma, retinal hemorrhaging, and brain swelling) can only be the result of a violent shaking or a fall from a three story building. In fact, medical literature now suggests that pre-existing medical conditions such as subdural bleeding, cerebral artery aneurysms, vascular malformations, meningitis, and coagulation and hematologic disorders such as leukemia, sickle cell anemia, disseminated intravascular coagulation (DIC), hemophilia, von Willebrand's disease and idiopathic thrombocytopenic purpura (ITP), in conjunction with a short fall or other minor head trauma, can produce the symptoms previously associated with Shaken Baby Syndrome. Armed with this new information, The Illinois Innocence Project has begun to reinvestigate Jacobazzi's case. The Project is working with students from the University of Illinois College of Law and Jacobazzi's attorney, Anthony Sassan, to prove that Matthew's injuries were not the result of a violent shaking, but, instead were the result of Matthew's short fall, coupled with his naturally occurring diseases."

The entire story can be found at:

http://www.uis.edu/innocenceproject/cases/current/jacobazzi/index.html

See up-date: Supporters are seeking clemency:

http://www.dailyherald.com/article/20120623/news/706239868/

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Monday, June 25, 2012

Brenda Waudby: "Truth, Lies and Confessions." The actual CBC production - broadcast on The National - for those that missed it. (Must Watch. HL);


"Truth, Lies and Confessions': Are police interrogation methods eliciting false confessions from innocent people? CBC: The National; This intense and illuminating in-depth documentary by legendary journalist Joe Schlesinger can be found at:

http://www.cbc.ca/player/News/TV+Shows/The+National/ID/2249822374/

In depth background, analysis. links and video on the production can be found at:

http://www.cbc.ca/thenational/indepthanalysis/truthliesandconfessions/

Time context: Ms. Waudby appears in court in Peterborough, Ontario on Wednesday June 27, 2012 at 10.00 AM in what could be a decisive hearing.


PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

David Gavitt: Arson; University of Michigan Law School Innocence Clinic lawyer describes "modern science" that freed him. Ann Arbor.com'


STORY: "How University of Michigan helped free imprisoned man falsely convicted of killing his family," by Lucy Anne Lance, published by Ann Arbor.com on June 23, 2012.

GIST: "The arson investigation showed burn patterns inside the house appeared to indicate arson, but modern fire science now disproves that. A fire science expert told the clinic it was caused by a flashover, which occurs when toxic gases burst into flames in a closed room. It also has been determined that a Michigan State lab technician botched a test that he said showed there was gasoline on the carpeting. David Moran: Co-director of the University of Michigan Law School's Innocence clinic. "The fire examiners at the time concluded that this fire had been intentionally set in the living room, even though there were obvious sources of ignition in the living room - the candles lit, cigarettes burning in the ashtray and a large dog to knock them over. No motive in this case. This was a happily married couple. No life insurance. But just based on this forensic evidence at the time, he was convicted and sentenced to three counts of first degree murder to life in prison without parole." Lucy Ann Lance; Interviewer; "Technology has changed and you were able to determine what actually happened." Moran: Our students, especially Max Kosman, Imran Syed and Caitlin Plummer, developed this case and we sent it out to the experts to say, with all of these photographs of the scene, would you call this arson today? The answer was no, this was more likely to be an accidental fire. Remember those gas chromatographs that supposedly show gasoline on the carpet? We got those original gas chromatograph charts from the Michigan State Police and we sent them to the top gas chromatograph people in the country. They told us that there was absolutely no gasoline in any of these seventeen charts. We presented all of this information to Ionia County prosecutor Ron Schafer last summer 2011 and said here’s everything we have, we want you to take a look at it, and to his great credit he was willing to do that."

The entire story can be found at:

http://www.annarbor.com/news/opinion/an-innocent-man-pieces-his-life-back-together-after-27-years-behind-bars/

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Sunday, June 24, 2012

Brenda Waudby: "Truth, lies and Confessions." Set-up for tonight's (June 24), CBC doc; In-depth background, analysis, videos and links. Must read!

STORY: ""Truth, Lies and Confessions": In depth and analysis; Joe Schlesinger examines the truth and lies behind police interrogations.""

GIST: "The interrogation-room confessions that led to the convictions of Russell Williams and Terri-Lynne McClintic for their horrific and high profile crimes earned high praise for the Ontario Provincial Police, and especially for interrogator Staff Sgt. Jim Smyth. But outside the glare of the media spotlight, concerns are being raised about the aggressive methods employed by Canadian police forces, and whether the interrogation techniques they use are eliciting confessions from the innocent, as well as the guilty. Two Canadians who confessed to crimes they did not commit speak out in this exclusive report by Joe Schlesinger of CBC News."

The entire set-up can be found at:

http://www.cbc.ca/thenational/indepthanalysis/truthliesandconfessions/

PUBLISHER'S NOTE:
I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog;

Bennett Barbour: Virginia; His lawyers ask why state is not systematically reviewing cases lacking biological evidence. U. of VA.

REMINDER: MUST WATCH! BRENDA WAUDBY: CBC NATIONAL DOCUMENTARY "TRUTH, LIES AND CONFESSIONS": SUNDAY JUNE 24: "Canadians cheered when police obtained confessions from Russell Williams and Terri-Lynne McClintic for their horrific crimes. But others who've been subjected to police interrogations, including Brenda Waudby, say the aggressive techniques used by Canadian police are eliciting confessions from innocent people, too. Joe Schlesinger presents his special report, Truth, Lies and Confessions, Sunday, June 24 on CBC News The National." Airs at 10 p.m. on CBC Television, and at 9 p.m. ET on CBC News Network. Available online at cbc.ca/thenational after the broadcast."

STORY: "University of Virginia Law Clinic client feels 'vindicated' as Virginia Supreme Court clears his name: When the Virginia Supreme Court exonerated Bennett Barbour of a 1978 rape conviction late last month, he felt relief, yet also deep frustration that it took more than three decades to clear his name," published by the University of Virginia on June 12, 2012.

GIST: "Barbour's case was one of roughly 1,000 in Virginia that had DNA evidence dating back to the 1970s that then-Gov. Mark R. Warner ordered tested in 2005. To date, 10 people have been exonerated in Virginia thanks to post-conviction DNA testing. Enright and Engle said they are pleased with the court’s ruling in Barbour’s case, but remain skeptical that enough is being done to identify wrongful convictions in Virginia. "The work we did on Mr. Barbour’s behalf should not restore his — or anyone's — confidence in Virginia's criminal justice system," they said in a statement. "Mr. Barbour's wrongful conviction for rape came to light because of Gov. Mark Warner's insistence that the DNA evidence in old cases be tested. But the initial results in most of those cases have been inconclusive, and those inmates do not have lawyers and are not being told that they have the option of seeking more sophisticated testing. So it is impossible to know if additional testing could prove their innocence." Moreover, Enright and Engle said, Virginia is not systemically reviewing the cases in which there was no biological evidence that could be tested for DNA — and those are the vast majority of criminal cases. "There’s no reason to think that similar mistakes weren’t made in many of those cases as well," they said. "Our Innocence Project reviews old cases, of course — but two directors and 12 clinic students can only do a few cases a year..."

The entire story can be found at:

http://www.law.virginia.edu/html/news/2012_sum/barbour_interview.htm

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog;

Saturday, June 23, 2012

Coroner's autopsies: Ontario apologizes for keeping body parts after autopsies without telling families. The Toronto Star. (HL: Signs of a new era);


REMINDER: MUST WATCH! BRENDA WAUDBY:
CBC NATIONAL DOCUMENTARY "TRUTH, LIES AND CONFESSIONS": SUNDAY JUNE 24: "Canadians cheered when police obtained confessions from Russell Williams and Terri-Lynne McClintic for their horrific crimes. But others who've been subjected to police interrogations, including Brenda Waudby, say the aggressive techniques used by Canadian police are eliciting confessions from innocent people, too. Joe Schlesinger presents his special report, Truth, Lies and Confessions, Sunday, June 24 on CBC News The National." Airs at 10 p.m. on CBC Television, and at 9 p.m. ET on CBC News Network. Available online at cbc.ca/thenational after the broadcast."

------------------------------------------------


PUBLISHER'S VIEW: Members of the public had good reason to be disturbed after learning that the Chief Coroners Office had failed to inform family members that as many as 4000 body parts from as far back as the 1970's had been kept for study after their loved one's body had been returned following a coroner's autopsy. As a reader wrote the Globe and Mail: "A crime survivor has no choice when a coroner's office retains a loved one's body for autopsy. It is an order. Survivors have long expected to trust the coroner was performing autopsies in the best interest of family, to provide answers. They also expected that a loved one was returned intact."
From my point of view, this disclosure is a welcome sign that Ontario has learned from the mistakes of a previous era symbolized by the misdeeds of former doctor Charles Smith and top officials of the Chief Coroner's Office who were found by the Goudge Inquiry into many of Smith's cases to have been more concerned about protecting the reputation of their office than about protecting the public. It is also a welcome sign that the Chief Coroner's Office, headed by Dr. Andrew McCallum - which could have kept the public oblivious to the existence of the 4000 body parts - is committed to transparency in its bid to regain public trust.

Harold Levy: Publisher; The Charles Smith Blog.

-------------------------------------------------

STORY: "Province apologizes for keeping body parts after autopsies without telling families," by reporter Valerie Hauch, published in the Toronto Star on June 13, 2012.

GIST:
"The province has apologized for not telling family members organs have been kept for study after a loved one’s body has been returned following a coroner’s autopsy. There may currently be as many as 4,000 such organs in medical storage, says Dr. Michael Pollanen, Ontario’s chief forensic pathologist. The practice has been going on for “as long as autopsies have been carried out,’’ he told a news conference Wednesday. “While today’s announcement is difficult for some to hear, we believe that sharing information about this historical issue is the right thing to do,’’ he said, adding that the rationale had been to spare families “further grief.’’ “Times have changed and so has our approach to communicating with bereaved families. When an organ must be retained we now discuss it openly,” Pollanen said........ The Ontario Coroners Act gives coroners the authority to order an autopsy as part of a death investigation — usually in case of murder, suicide or an unusual death. The government added Regulation 180 to the act on June 14, 2010, which requires authorities to tell relatives if the body parts were to be retained for further examination and also ask what their wishes were for final disposition. Since that regulation came into effect, Pollanen said, it was decided that families of those who underwent coroner’s autopsies before June 14, 2010, should be informed that the government may have body parts in storage. Some of the 4,000 organs retained from autopsies date back as late as the 1970s, said Pollanen. There’s no way of knowing how many organs may have been kept in total over the years. But he believes that those already disposed of would have been done “respectfully.’’ With advancements in medical technology, there is less need to retain organs for further study, he said."

The story can be found at:

http://www.thestar.com/news/article/1211084--province-apologizes-for-keeping-body-parts-after-autopsies-without-telling-families?bn=1

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GOVERNMENT OF ONTARIO RELEASE: JUNE 13, 2012.

"Ontario inviting families to inquire about organ retention: Affects coroner-warranted autopsies before June 14, 2010.

Ontario's Chief Forensic Pathologist and Chief Coroner are reaching out to those who lost a family member in Ontario before June 14, 2010, resulting in a coroner's investigation and autopsy.

For decades, retaining organs as part of an autopsy was standard practice, and information shared with bereaved families was sometimes limited in an attempt to spare them further grief. As a result, there are some families who may not have been notified that an organ was retained for testing to help determine the cause of death.

Now, under Regulation 180 of the Coroners Act, families are routinely notified when an organ is retained and their wishes regarding final disposition of the organ are sought wherever possible.

Immediate family members and personal representatives (i.e. those responsible for administering an estate) are invited to contact the Ontario Forensic Pathology Service and the Office of the Chief Coroner at 1-855-564-4122 or send an email to OrganRetention@ontario.ca to find out if an organ was retained in their case. Affected families and personal representatives may request that the organ be sent to a funeral home for cremation or burial, at the expense of the Ontario Forensic Pathology Service and the Office of the Chief Coroner.

On June 14, 2013, remaining organs retained before June 10, 2010, will be respectfully disposed of in accordance with Regulation 180 made under the Coroners Act.

Ontario's Chief Forensic Pathologist and Chief Coroner are committed to helping families get the answers they need.

QUICK FACTS:

  • This announcement only pertains to autopsies that were ordered by a coroner as part of a thorough death investigation before June 14, 2010, and does not include routine hospital autopsies.
  • Coroners investigate approximately 17,000 deaths in Ontario each year - approximately 6,000 of those investigations require an autopsy.
  • The Coroners Act gives coroners the authority to order that an autopsy be conducted as part of a death investigation. Death investigations not only allow us to answer questions about the circumstances of the individual's death; they can also help to prevent similar deaths from occurring.
  • Since June 14, 2010, all coroners and pathologists must obtain permission from the Chief Forensic Pathologist or designate to retain an organ for further examination.

The release can be found at:

http://news.ontario.ca/mcscs/en/2012/06/ontario-inviting-families-to-inquire-about-organ-retention.html

------------------------------------------------

PUBLISHER'S NOTE:

I am monitoring these issues. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Friday, June 22, 2012

Brenda Waudby: Must watch! "CBC National" doc on "confessions" elicited from innocent people by aggressive police techniques. Sun. June 24.


PUBLISHER'S NOTE: The CBC National's special report on aggressive police interrogation techniques that lead to so-called "confessions" from innocent people presented by legendary journalist Joe Schlesinger on Sunday June 24 could not be have better timed. It comes less than three days before Ms. Waudby attends court in Peterborough for what may be a very decisive appearance. The CBC has played a significant investigative role in exposing Charles Smith and his protectors in the Chief Coroner's Office over many years beginning with the groundbreaking Fifth Estate documentary "Diagnosis Murder" (November 10, 1999) which sent out powerful alarm bells - sadly unheard by the authorities at the time - as it set out the enormous harm Dr. Charles Smith caused to innocent parents and caregivers within Ontario's criminal justice system. It continues to play that role. Of "Truth, lies and confessions," the CBC tells us that: "Canadians cheered when police obtained confessions from Russell Williams and Terri-Lynne McClintic for their horrific crimes. But others who've been subjected to police interrogations, including Brenda Waudby, say the aggressive techniques used by Canadian police are eliciting confessions from innocent people, too. Joe Schlesinger presents his special report, Truth, Lies and Confessions, Sunday, June 24 on CBC News The National." Airs at 10 p.m. on CBC Television, and at 9 p.m. ET on CBC News Network. Available online at cbc.ca/thenational after the broadcast."

Harold Levy: Publisher; The Charles Smith Blog;

-------------------------------------------------

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.