Thursday, June 11, 2009

THE JOHN O'TOOLE CASE: PART ONE; ANOTHER BRITISH "SHAKEN BABY SYNDROME" TRAVESTY; MANSLAUGHTER CHARGE DROPPED AFTER THREE YEARS;

"SHE (PROSECUTOR YVONNE COEN) SAID IT WAS INITIALLY THOUGHT THE LITTLE BOY MAY HAVE BEEN SHAKEN, BUT MR O'TOOLE SAID HE HAD FALLEN FROM A SOFA ONTO A CARPET.

AN EMINENT US EXPERT IN BIOMECHANICS HAS RECREATED VARIOUS SCENARIOS AND CONCLUDED BLOOD VESSELS COULD HAVE BEEN RUPTURED IN A "SHORT DISTANCE FALL".

MISS COEN SAID: "THE CROWN ARE SATISFIED THAT NOW THERE IS NO LONGER A REALISTIC PROSPECT OF A CONVICTION AND CANNOT EXCLUDE THE POSSIBILITY THAT THIS WAS AN ACCIDENT."

THE BBC NEWS;
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It's a list that no one would ever want to be on;

Innocent, loving parents and caregivers charged with taking a child's life - arrested, seized by the State from their families, arrested, jailed, and stigmatized - on the basis of ignorant police, prosecutors, and judges who suspend their normal skepticism to buy into unproven science and and the opinions delivered by supposedly infallible experts replete with their impressive C'V's.

Suzanne Holdsworth, Keran Henderson, Anne-Marie Rooney and now John O'Toole;

The latest chapter in the O'toole story was told by BBC News on June 9 in an article which appeared under the heading "Man cleared of killing young son."

"A father who was charged with the manslaughter of his 11-month-old son who died three years ago has been told the prosecution has been dropped," the article begins;

"John O'Toole, 29, of Milton Keynes, had been charged over the death of Cameron O'Toole in January 2006," the article continues.

"He had been due to stand trial at Luton Crown Court last October, but the case was postponed for more expert evidence.

Prosecutor Yvonne Coen QC told the court: "It has been decided not to proceed with this prosecution."

'Short distance fall'

She said it was initially thought the little boy may have been shaken, but Mr O'Toole said he had fallen from a sofa onto a carpet.

An eminent US expert in biomechanics has recreated various scenarios and concluded blood vessels could have been ruptured in a "short distance fall".

Miss Coen said: "The Crown are satisfied that now there is no longer a realistic prospect of a conviction and cannot exclude the possibility that this was an accident."

Judge John Bevan QC said: "These cases are notoriously difficult. The prosecution cannot safely prove guilt."

He ordered a not guilty verdict to be recorded.

Mr O'Toole, who was not present in court, had been informed earlier about the decision."


Harold Levy...hlevy15@gmail.com;