"Although Brant maintained he never did anything to intentionally cause Dustin's death, he pleaded guilty in 1995 to the lesser charge and was sentenced to six months after his lawyer Robert Graydon, now an Ontario Court judge, told him Smith was the "God" of his profession.
In the court the defence had requested that Brant be acquitted and the Crown agreed that there had been a miscarriage of justice."
REPORTER JOHN MUSSELMAN: CTV NEWS;
REMINDER: Julian Sher's documentary on Brenda Waudby - "A Mother's Ordeal" - will be aired on Friday May 6, 2011, on Global TV. 10PM (9PM Manitoba/Sask.)
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BACKGROUND: (GLOBE AND MAIL); Richard Brant was convicted of aggravated assault in 1995 for the death of his two-month-old son, Dustin. Mr. Brant was taking Dustin for a walk when he noticed red foam around the baby’s nose. Dustin died two days later, on Nov. 18, 1992. (Then) Dr. Smith (but since struck from the register of the College of Physicians and Surgeons of Ontario) concluded Dustin had been shaken to death, despite the fact that the baby’s brain had rotted away after morgue staff mistakenly left it in a container of water. His findings contradicted the findings of a neuropathologist who had examined the child’s brain and concluded he had likely died of pneumonia. Mr. Brant said he felt compelled to plead guilty to aggravated assault to avoid a possible manslaughter conviction. He conceded he had accidentally jostled Dustin during a physical struggle with his wife. In January, 2009, the Ontario Court of Appeal granted Mr. Brant permission to reopen the case and fight his conviction.
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"Richard Brant, the man who pleaded guilty in the death of his two-month-old son in the 1990s because of a report from a now-disgraced pathologist, was acquitted by the Ontario Court of Appeal on Wednesday," the CTV news story by reporter John Musselman published earlier today under the heading, "Dad acquitted in infant son's death, 18 years later," begins.
"Brant, who originally hails from Moncton, was charged in 1993 with manslaughter in his baby's death the previous year," the story continues.
"He eventually pleaded guilty to aggravated assault after testimony from Charles Smith said his son, Dustin, died of Shaken Baby Syndrome.
His conclusions flew in the face of another pathologist who listed pneumonia and respiratory failure as causes of death.
Although Brant maintained he never did anything to intentionally cause Dustin's death, he pleaded guilty in 1995 to the lesser charge and was sentenced to six months after his lawyer Robert Graydon, now an Ontario Court judge, told him Smith was the "God" of his profession.
In the court the defence had requested that Brant be acquitted and the Crown agreed that there had been a miscarriage of justice.
Speaking to CTV's John Musselman, Brant said the outcome was a huge relief.
"A lot of weight is off my shoulders," said the 38-year-old. "I am glad the truth finally came out. A lot of people they listened to this professional man who gave his report…and it made everyone doubt what I was saying."
He said he made the decision to plead to aggravated assault after speaking to his then-pregnant wife, who said it would be a better decision in order to ensure he could spend time with his other child.
As for what Brant thinks of Smith now, he said: "I can't say my thoughts on TV, they're not good.""
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The story can be found at:
http://toronto.ctv.ca/servlet/an/local/CTVNews/20110504/father-acquittal-baby-manslaughter-case-court-appeal-ontario-brant-dustin-smith-110504/20110504/?hub=TorontoNewHome
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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 found 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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
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