Tuesday, October 18, 2011


BACKGROUND: Doctor Patrick Barnes, a pediatric radiologist testifying for the defence testified during the trial that infant Ina Jane McElheny's numerous broken bones were caused by congenital rickets and not by abuse from her father. Barnes, a pediatric radiologist from Palo Alto, Calif., said that the 18 fractures found on the baby postmortem happened because the child was vitamin D deficient in the womb and shortly after birth, causing brittle bones. "Such a baby can get broken bones during diaper-changing and broken ribs just from someone picking her up with their hands on both sides of her torso," Barnes said. Testimony has been heard that the baby's birth was very difficult, and Barnes said the fractures may also have been caused during the birth process. Rensselaer County Assistant District Attorney Elizabeth Kennedy got Barnes to admit that congenital rickets is not accepted by the medical community and that babies who suffer broken bones during birth are a very small percentage of all births. "Well, I can tell you that it is under-reported because doctors don't want to get sued," Barnes said. (Times-Union);

"TROY — Joseph McElheny was cleared this morning of the last remaining charge from his month-long trial, which last week found him not guilty of killing his infant daughter,"
the Saragonian story filed earlier today under the heading, "McEelheny cleared of final endangering charges days after being cleared of murdering his infant daughter," begins.

"Assistant District Attorney Christa Book moved to dismiss McElheny’s charge of endangering the welfare of a child, after a jury remained deadlocked on that count following more than 30 hours of deliberation," the story continues.
"The jury acquitted McElheny of murder, manslaughter, abuse, reckless endangerment and criminal negligence in connection with the death of 4-month-old Ina McElheny on May 12, 2010. At the time of those acquittals, a mistrial was declared on the endangering charge, but Book moved to dismiss it today "in the interest of justice," she said. The prosecution had the option of retrying the entire case in order to convict McElheny on that count, but as a misdemeanor it carried a maximum sentence of one year in jail. McElheny had already been incarcerated for some 14 months before he was released last week. The charge was dismissed by Judge Andrew Ceresia without prejudice at the request of Public Defender Greg Cholakis, meaning the matter will not come up in court again. McElheny and his wife, Melinda, declined to speak to the media outside of court. Cholakis said they are still dealing with a matter in Vermont Family Court over custody of their second daughter, who was seized from Melinda McElheny the day after she was born pending the outcome of Joseph McElheny’s trial. District Attorney Rich McNally said he had no regrets with the prosecution’s charging of McElheny, and said both sides presented compelling cases to the jury."
The story can be found at:


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:


Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:


Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;