"TODAY, THE SUPREME COURT OF CANADA SENT THE CASE TO ONTARIO'S TOP COURT TO WEIGH FRESH EVIDENCE AND WHETHER THE APPLICANT'S CONVICTION CONSTITUTES A MISCARRIAGE OF JUSTICE."
THE CANADIAN PRESS;
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The CP story ran earlier this morning under the heading "Appeal granted to final parent imprisoned because of Charles Smith's testimony."
"The Ontario Court of Appeal will hear the case of the last known parent who remained behind bars based on the testimony of disgraced pathologist Dr. Charles Smith," the story begins;
"Tammy Marquardt was convicted of second-degree murder in the death of her son Kenneth and was handed a life sentence in 1995," the story continues;
"Today, the Supreme Court of Canada sent the case to Ontario's top court to weigh fresh evidence and whether the applicant's conviction constitutes a miscarriage of justice.
Marquardt, who was granted bail last month, said she found the boy tangled in his bedsheets, but Smith said he was smothered or strangled.
Last October, the Goudge inquiry into Ontario's pediatric pathology system criticized Smith for `irresponsible' testimony in a series of child death cases.
Marquardt's lawyers, who requested the case be heard by the Ontario Appeal Court, have said there is fresh evidence which `entirely discredits' Smith's 1995 testimony."
Harold Levy...hlevy15@gmail.com
