"“I appreciate that my words today may seem inadequate,” Justice Michael Brown told Marquardt after the Crown withdrew the murder charge that had accused her of killing her two-year-old son.
“But I offer to you, Ms. Marquardt, my deepest expression of regret for all you gave endured as a result of the miscarriage of justice in this case.”
Marquardt, 38, dabbed at her eyes with a tissue.
“Nothing I can say to you today will repair the damage that has been caused to you,” Brown continued.
“I can’t imagine what it must gave been like for you to have to bear the burden of not only losing your child Kenneth,” he said, “but also to have had to deal with being convicted of killing your son ... And spending 13 years in jail as a result.”"
LEGAL AFFAIRS REPORTER TRACEY TYLER; THE TORONTO STAR;
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BACKGROUND: In february, 2011, The Ontario Court of Appeal quashed the murder conviction of the Toronto mother who was imprisoned for life on the basis of flawed testimony from pathologist Charles Smith. “We recognize this has been a terrible ordeal for you and it’s tragic it has taken so long to uncover the flawed pathology that led to your conviction in 1995,”Justice Marc Rosenberg told Tammy Marquardt Thursday morning. “We agree … there was a miscarriage of justice,” Rosenberg said on behalf of a three-judge panel. The 38-year-old Scarborough native spent nearly 14 years in prison after being convicted of murdering her 2-year-old son, Kenneth Wynne. While other victims of Smith’s mistakes have since been acquitted, Marquardt’s “dilemma” is that fresh evidence in her case only allows a court to go as far as ordering a new trial, Lockyer told the court. The evidence is still ambiguous about how the child died but strongly suggests he died as a result of an epileptic seizure, Lockyer said. In his short life, Kenneth had suffered from asthma and pneumonia and had been treated for seizures eight times. Smith opined the cause of death was asphyxia, likely the result of smothering or suffocation. That remains a possibility, given an absence of hard evidence about why Kenneth died, the appeal court was told on Thursday. At the same time, two neurologists from the Hospital for Sick Children who independently examined the boy’s medical records found his demise was consistent with a sudden unexplained death from epileptic seizure. While three-judge panel set aside Marquardt’s conviction, the Crown has not indicated whether it intends to proceed with a new trial. The court, meanwhile, extended Marquardt’s bail. The appeal court decision came after forensic experts reviewed the conclusions of the former pediatric pathology superstar and found them illogical and “completely” unscientific. Smith’s evidence dovetailed with the Crown’s theory at the time, that Marquardt had suffocated Kenneth in a moment of anger and frustration. But he was wrong in supporting the Crown’s theory and his testimony denied the jury the option of concluding the child had instead died as a result of a seizure, Crown counsel Gillian Roberts told the court. Marquardt said she found him twisted up in bed sheets and obviously distressed. He was taken to hospital, but died three days later, after being taken off life support. Nearly two years ago, Marquardt was released on bail. She had been incarcerated in the Grand Valley women’s prison in Kitchener. Kenneth died 17 years ago, in October, 1993. Her other sons, who she named Keith and Eric live somewhere in Canada, but never had further contact with their mother.
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“I appreciate that my words today may seem inadequate,” Justice Michael Brown told Marquardt after the Crown withdrew the murder charge that had accused her of killing her two-year-old son," the Toronto Star story by Legal Affairs reporter Tracy Tyler published earlier today begins, under the heading, "Murder charge dropped against mom who spent 13 years in prison."
"“But I offer to you, Ms. Marquardt, my deepest expression of regret for all you gave endured as a result of the miscarriage of justice in this case," the story continues.
"Marquardt, 38, dabbed at her eyes with a tissue.
“Nothing I can say to you today will repair the damage that has been caused to you,” Brown continued.
“I can’t imagine what it must gave been like for you to have to bear the burden of not only losing your child Kenneth,” he said, “but also to have had to deal with being convicted of killing your son ... And spending 13 years in jail as a result.”
In the hallway later, Marquardt embraced reporters, who burst into applause. “The one thing that never should have happened has ended,” she told them. “Now Kenneth can rest in peace.”
Asked how she felt, Marquardt said, “I don’t think there’s a word for it. Relief. I. Am. Free.
“Honestly, I never thought I would see this day,” she added. “I never thought I would see justice.”
Marquardt said she had assumed the criminal justice system would stand by now-discredited pathologist Charles Smith. “Who am I?” she said. “Why would they believe me?”
Among those who came to the courthouse to support Marquardt was Romeo Phillion, who spent 34 years in prison for a 1967 murder. His conviction was quashed last year.
Also on hand was Maria Shepherd, who was also charged on the basis of Smith’s evidence. Her case is now before the Ontario Court of Appeal, awaiting review.
The charge against Marquardt was based on a flawed opinion from Smith about what caused the child’s death in 1993.
Today’s development finally concludes the criminal case against her.
She was convicted of second-degree murder in 1995 and spent more than 13 years behind bars, most recently at the Grand Valley Institution for Women in Kitchener.
As a result of her conviction, Marquardt also lost custody of two sons born after Kenneth – one now 16, and the other now 14.
Two years ago, Marquardt was released on bail. The Ontario Court of Appeal quashed her conviction and ordered a new trial in February after the Crown and Marquardt’s lawyer, James Lockyer, submitted it was the only legal remedy available.
But the lack of fresh evidence in the case made a new trial unlikely.
Smith said tiny red marks on the child’s lungs and chest indicated Kenneth he had been asphyxiated and went on to suggest the most likely method was manual strangulation or suffocation.
In quashing Marquardt’s conviction, the appeal court said the new medical evidence “completely undermines” Smith’s opinion and indicates that, at most, the cause of death could be classified as “unascertained.”
The fresh evidence, the court said, also suggests Kenneth may have suffered a sudden, unexplained death related to epilepsy.
He had been treated eight times for seizures and was on epilepsy medication.
Marquardt said she found him in his room, tangled in bed sheets, not breathing.
She made a frantic 911 call.
Smith’s cases were reviewed by a panel of experts on the directions of Ontario’s chief coroner.
The panel found he made mistakes in at least 20.
After her conviction was quashed in February, Marquardt said she wants her name placed on an adoption registry so if her sons want her in their lives, they can find her. “My arms,” she said, “are open.”"
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The story can be found at:
http://www.thestar.com/news/crime/article/1003981--murder-charge-dropped-against-mom-who-spent-13-years-in-prison?bn=1
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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
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
