Charles Smith: (Marco Trotta case): How a judge made the first ruling that Smith intentionally mislead courts and that it "was deliberately calculated and directed to secure convictions." (The Charles Smith Blog. (2009).)

PUBLISHER'S NOTE: Marco Trotta has asked the Ontario Court of Appeal to overturn a conviction for manslaughter in connection with the death of his 8-month-old son Paolo on the basis of Charles Smith's tainted testimony. I am therefore republishing an earlier (2009) post devoted to an application for a stay by Marco Trotta in which Superior Court Justice Alexander Sosna reviewed many of Smith's cases and the evidence called at the Goudge Inquiry and  became the first judge to find that Smith had intended to mislead the Court -  and that his evidence "was deliberately  calculated and directed to secure convictions." I get somewhat irritated - to put it mildly - when I read that Smith caused miscarriages of justice because his work was "shoddy" or "botched."  Smith was the worst possible enemy a criminal justice system could possibly have - a  supposedly neutral trusted expert who deliberately broke the rules to convict innocent people.

HAROLD LEVY:  PUBLISHER: THE CHARLES SMITH BLOG.

POST:  "Update: Charles Smith; Complete judgment finding that disgraced pathologist intentionally mislead courts in order to secure convictions for the Crown," published on the The Charles Smith Blog"on September 26, 2009.

GIST:  "I reject the submission that Dr. Smith did not intentionally mislead the Court. The medical evidence provided to the Jury by Dr. Smith was deliberately calculated and directed to secure convictions. That medical evidence was inconsistent with his initial autopsy findings that the cause of death of Paolo Trotta could not be determined. That conclusion veered 180 degrees when Dr. Smith opined in carefully chosen and subsequently proven to be medically-flawed diagnosis, that Paolo Trotta died as a result of a skull fracture and/or was asphyxiated. This diagnosis was misleading, it had no forensic or medical merit, and as Dr. Avis concluded, that diagnosis was not accidental." Justice A. Sosna; Motion for stay; Regina V. Marco and Anisa Trotta;

The entire post can be found at:

 http://smithforensic.blogspot.ca/2009/09/up-date-charles-smith-complete-judgment.html

PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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.