Saturday, February 9, 2008

Part One: Smith Testifies In Death Penalty Case: The Letter;

I, ALONG WITH MY COLLEAGUES, FOUND YOUR WORK IN THIS CASE TO BE TRULY OUTSTANDING.

I CAN WELL IMAGINE THAT PEDIATRIC FORENSIC PATHOLOGY MUST RANK AMONG THE MOST UNPLEASANT FIELDS OF MEDICINE IN WHICH TO PRACTICE, BUT SOCIETY IS INDEED FORTUNATE THAT A MAN OF YOUR CALIBER HAS CHOSEN TO DO SO.

FROM LETTER SENT BY BUTLER COUNTY (OHIO) ASSISTANT PROSECUTING ATTORNEY JOHN HOLCOMB TO DR. CHARLES SMITH;

The fact that Dr. Charles Smith, a pathologist whose work has been severely discredited in Ontario, gave evidence which contributed to a guilty verdict and helped send someone to prison for life, was revealed Friday in a letter filed with the Goudge Inquiry.

Due to an oversight, this letter, from Butler County Assistant Crown Attorney John Holcomb to Dr. Smith, dated September 22, 2000, did not come to the attention of Lawyers for the Association in Defence of the Wrongly Convicted and for the families affected by Dr. Smith until last week, near the end of the evidence portion of the Inquiry.

(Although the jury recommended the death penalty -as the letter indicates - the trial judge declined to impose it).

Here is the letter:

Sept. 22, 2000;

Dr. Charles Smith
Division of Pathology;
The Hospital For Sick Children;
555 University Ave.
Toronto, Ontario M5G 1X8

Dear Dr. Smith

I thought you might want to know the outcome of the fuller case.

Christopher Fuller was convicted of the aggravated murder and attempted rape of Randi.

Although sentencing is scheduled for October 9, 2000, the jury has recommended that the death penalty be imposed.

The court is likely to follow the jury's recommendation.

I, along with my colleagues, found your work in this case to be truly outstanding.

I can well imagine that pediatric forensic pathology must rank among the most unpleasant fields of medicine in which to practice, but society is indeed fortunate that a man of your caliber has chosen to do so.

Thanks again for your assistance.

I remain

Very truly yours;
John M. Holcomb;
Assistant Prosecuting Attorney;


A note on timing:

Smith's testified on behalf of the prosecution in this death penalty case just ten months after the CBC's Fifth Estate documentary raised serious questions about his competence. (See previous postings: Interrogation of an innocent mother: Parts eleven to fourteen: January, 2008, for the entire script;)

A final note: I don't see any reference to his participation in the U.S. proceedings in Dr. Smith's resume. (A C.V. prepared in 2002);

Hmmmmmm...I wonder why!

Next: Part Two: Smith Testifies In Death Penalty Case: The Case;

Harold Levy...hlevy15@gmail.com;