STORY: "Constitutional challenge seeks lifetime preservation of evidence," by Justice Reporter reporter Kirk Makin, published by the Globe and Mail on April 22, 2012.
GIST: "Twenty-six years after being convicted in the revenge slaying of a nine-year-old boy, a Toronto woman is mounting a constitutional challenge that focuses on lost evidence in her case. Lawyers for Amina Chaudhary, who is still serving a life sentence for the murder of Rajesh Gupta, intend to argue at a hearing Monday that autopsy photographs apparently lost after her trial have deprived Ms. Chaudhary of a chance to overturn her conviction........ Rajesh was strangled to death on Feb. 3, 1982. The photos were alluded to at the trial by forensic pathologist Charles Smith, but not entered into evidence. Dr. Smith has since been discredited in relation to nearly two dozen homicide cases where he lost evidence or reached unwarranted conclusions. Lawyers for the Innocence Project, which represents Ms. Chaudhary, are gunning for considerably more than a new trial. They seek to enshrine a constitutional right to have physical evidence retained for the lifetime of an offender so that it can be scrutinized and re-tested."
http://m.theglobeandmail.com/news/national/constitutional-challenge-seeks-lifetime-preservation-of-evidence/article2410542/?service=mobile
PUBLISHER'S NOTE:
I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.
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
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com
Harold Levy: Publisher; The Charles Smith Blog.
