STORY: "A decade later, shaken baby convictions appealed: Following a wholesale review of shaken baby cases in Ontario, two people convicted of manslaughter have been granted the right of appeal;," by reporter Marco Chown Oved, published by the Toronto Star on February 3, 2014;
SUB-HEADING: "Jennifer Gaskin was convicted of manslaughter after her baby, Joeseph, died and doctors said they found evidence of shaken baby syndrome. More than a decade later, Gaskin has been allowed to appeal her conviction after a review of all shaken baby deaths identified her case as one where the evidence was "of concern.""
GIST: "For more than a decade, Jennifer Gaskin has been wearing a public shame she says she doesn’t deserve. In 2002, she was convicted of manslaughter in the shaken baby death of her infant son, Joeseph — a crime she says she did not commit. “I’ve been branded as a baby killer,” Gaskin told the Star by telephone. “I’ve been given this moniker and worn it for 15 years when I’m really a grieving mother.” Gaskin now has a chance to clear her name. On Thursday, an Ontario Court of Appeal judge ruled to allow her and Bernard Doyle — who was also found guilty in an unrelated shaken baby case — to appeal their convictions. Under normal circumstances, defendants have just 30 days to appeal but Justice Marc Rosenberg allowed their cases to go forward because of a re-evaluation of how shaken baby syndrome (SBS) is understood by the scientific community. “There’s no question that today, the whole SBS hypothesis is being questioned on its scientific foundation,” said their lawyer, James Lockyer, a veteran of high-profile cases of the wrongly convicted such as David Milgaard, Guy Paul Morin and Steven Truscott.........Gaskin and Doyle’s cases share remarkable similarities. In both, a baby died suddenly and doctors suspected mistreatment. Both autopsies found brain and optical nerve hemorrhaging that doctors concluded must be the result of shaking — conclusions that have come under renewed scrutiny. Police also conducted aggressive and lengthy interviews with both suspects, so much so that the trial judge for Gaskin ruled her interview inadmissible. “I’m of the opinion that both of them may well have been convicted of crimes they did not commit,” said Lockyer. Gaskin and Doyle served their time behind bars and are back in their communities, but the convictions continue to plague their lives. Gaskin lost custody of her two other children, while Doyle isn’t allowed to be alone with his. Both maintain their innocence. “I can’t move on. I don’t have any closure,” Gaskin said. While she can’t get back the years she spent locked up, she hopes the case will set the record straight. “It’s the principle of it all. It’s about putting it right with the whole world.”"
The entire story can be found at:
http://www.thestar.com/news/gta/2014/02/03/a_decade_later_shaken_baby_convictions_appealed.html
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
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/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com.
