"The first of many victims of notoriously inept pathologist Dr. Charles Smith has finally received compensation for a miscarriage of justice.
Seventeen years after William Mullins-Johnson was arrested and accused of murdering and sodomizing his 4-year-old niece, he has been awarded a $4.25 million settlement.
Critics argue the settlement has been too long in coming and note that others whose lives are in disarray after wrongful prosecutions and convictions are still waiting."
HEALTH REPORTER THERESA BOYLE: THE TORONTO STAR;
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Background: The inquiry focused largely on the flawed work of Dr. Smith — formerly the province's chief pediatric pathologist and a self-styled member of the prosecution team — whose "errors" led to innocent people being branded as child murderers. The 1,000-page report by Justice Stephen Goudge slammed Dr. Smith, along with Ontario's former chief coroner and his deputy, for their roles in wrongful prosecutions and asked the province to consider compensation. The provincial coroner's office found evidence of errors in 20 of 45 autopsies Dr. Smith did over a 10-year period starting in the early 1990s. Thirteen resulted in criminal charges. William Mullins-Johnson, who was among those cases, spent 12 years in prison for the rape and murder of his four-year-old niece, whose death was later attributed to natural causes. In another case, Dr. Smith concluded a mother had stabbed her seven-year-old girl to death when it turned out to have been a dog mauling. The inquiry heard that Dr. Smith's failings included hanging on to crucial evidence, "losing" evidence which showed his opinion was wrong and may have assisted the accused person, mistating evidence, chronic tardiness, and the catastrophic misinterpretation of findings. The cases, along with other heart-rending stories of wrongful prosecutions based in part on Smith's testimony, also raised a host of issues about the pathology system and the reliance of the courts on expert evidence."
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"The first of many victims of notoriously inept pathologist Dr. Charles Smith has finally received compensation for a miscarriage of justice," the Toronto Star story by Health Reporter Theresa Boyle published earlier today under the heading, "Man wrongfully convicted in Smith case gets $4.25 million."
"Seventeen years after William Mullins-Johnson was arrested and accused of murdering and sodomizing his 4-year-old niece, he has been awarded a $4.25 million settlement," the story continues.
"Critics argue the settlement has been too long in coming and note that others whose lives are in disarray after wrongful prosecutions and convictions are still waiting.
In announcing the compensation Thursday, Attorney General Chris Bentley apologized to the 40-year-old Sault Ste. Marie man who spent 12 years in jail on a first-degree murder conviction.
“We're very sorry, on behalf of the government of Ontario, the people of Ontario, for the terrible pain and suffering that Mr. Mullins-Johnson has undergone over the years,” he told reporters.
Mullins-Johnson's ordeal began on the morning of June 27, 1993, when his 4-year-old niece, Valin, was found dead in her bed by her parents.
Mullins-Johnson had been babysitting her the night before and under the Crown's theory, he had exclusive opportunity to commit the crime.
At the time, Smith was considered the ultimate authority on pediatric forensic pathology in Ontario and his findings were rarely challenged.
Asked to review the case, Smith concluded Valin died while being anally raped. The opening to her anus was dilated, proof that she was sodomized, Smith said.
But expert pathologists who subsequently reviewed the case discredited Smith's finding, pointing out that the anus can naturally dilate after death, a process well-recognized in medical literature and textbooks.
They determined Valin had died from natural causes.
Justice Stephen Goudge, who led a public inquiry into the fiasco, concluded two years ago that Smith “lacked basic knowledge” about forensic pathology and did not have formal training in the field.
Mullins-Johnson was not available to comment Thursday. But in earlier interviews he spoke of being traumatized by the ordeal. He has always maintained his innocence, but many family members did not believe him and disowned him.
He developed a drug addiction and had to spend time in solitary confinement in jail. He lamented over not being married and having a family.
Mullins-Johnson had earlier filed a $13 million lawsuit against those he held responsible, including Smith, the office of the chief coroner, and doctors who worked at the Hospital for Sick Children and in Sault Ste. Marie. He has dropped that lawsuit as part of the settlement.
Mullins-Johnson's lawyer, David Robins, said his client is grateful for the settlement. Still, he said money can never fully compensate Mullins-Johnson for the hardship he has endured.
“Money cannot turn back the hands of time. It cannot bring back 12 important years of his life. Money cannot remove the label of a convicted sex offender, notwithstanding his acquittal, that some people still see in him. It cannot repair the harm to the important familial relationships that he has. And money cannot resolve post-traumatic stress,” Robins said.
He said it's unfortunate it has taken the province two years to develop a process to compensate individuals, something the Goudge Commission recommended the government explore.
“The travesty is that so much time can pass where they have to live in very difficult economic conditions until some means of compensation can be resolved,” Robins said, explaining that it's hard for victims to land jobs after being branded child killers and doing jail time.
Smith erred in at least 20 child-death investigations, 12 of which resulted in convictions. Four of those convictions have since been quashed, including Mullins-Johnson's. Five others are in various states of appeal.
Bentley said provincial-territorial-federal guidelines were used to determine the compensation and added that the settlement does not necessarily serve as the benchmark for other Smith-related cases.
“Every one of the cases is decided on its own facts and its own merits,” he said.
Asked if any part of the compensation bill was footed by taxpayers or the Canadian Medical Protective Association, the insurance company for doctors, Robins said: “I am not at liberty to disclose anything about that.”"
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The story can be found at:
http://www.thestar.com/news/ontario/charlessmith/article/878905--man-wrongfully-convicted-in-smith-case-gets-4-25-million
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PUBLISHER'S NOTE: 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 accessed at:
http://www.thestar.com/topic/charlessmith
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com
