"A sentencing hearing for Matchim was supposed to be held Thursday morning, but his lawyer Bob Simmonds told Judge Wayne Dymond that he wants to call new expert evidence in the case.
Simmonds said that even though Dymond has already given his verdict, he is allowed to hear new evidence prior to sentencing.
Dymond must first agree to hear the evidence.
Crown prosecutor Phil Lefeuvre told the court he has received a draft copy of the expert's report, which doesn't dispute that the baby was shaken but questions whether the amount of force used could have led to the severe injuries the baby received."
CBC NEWS;
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"The defence lawyer for a man convicted of injuring his baby daughter in St. John’s is asking a Newfoundland and Labrador Supreme Court judge to consider new evidence in the case," the CBC story published on September 22, 2011 under the heading "New evidence in baby-shaking case, lawyer says," begins.
"In May, Colin Matchim, 26, was found guilty of a charge of aggravated assault on his infant daughter," the story continues.
"Matchim was charged in 2009 after his daughter, August, was brought to hospital with what proved to be serious injuries. More than two years later, she is still paralyzed on the right side of her body.
During his trial, Matchim denied that he hurt his daughter even though the Crown presented videotape of a police interview in which he admitted to shaking the girl, although not violently.
A sentencing hearing for Matchim was supposed to be held Thursday morning, but his lawyer Bob Simmonds told Judge Wayne Dymond that he wants to call new expert evidence in the case.
Simmonds said that even though Dymond has already given his verdict, he is allowed to hear new evidence prior to sentencing.
Dymond must first agree to hear the evidence.
Crown prosecutor Phil Lefeuvre told the court he has received a draft copy of the expert's report, which doesn't dispute that the baby was shaken but questions whether the amount of force used could have led to the severe injuries the baby received.
The matter is scheduled to return to court next week."
The story can be found at:
http://www.cbc.ca/news/canada/newfoundland-labrador/story/2011/09/22/nl-matchim-evidence-922.html
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;
