the charles smith blog

Monday, February 3, 2014

Jennifer Gaskin; Bernard Doyle; Ontario; Major development; Following a review of shaken baby cases in Ontario, Jennifer Gaskin and Bernard Doyle have been given the right to appeal their manslaughter convictions "because of a re-evaluation of how shaken baby syndrome (SBS) is understood by the scientific community." (The review had been ordered following the public Inquiry into many of former Doctor Charles Smith's cases HL); Toronto Star.


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/charlessmith

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.



Harold Levy at Monday, February 03, 2014
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Harold Levy
Two Blogs Now: The Charles Smith Blog; The Selfless Warriors Blog: I created the Charles Smith Blog in 2007 after I retired from The Toronto Star to permit me to keep digging into the story of the flawed pathologist and the harm he had done to so many innocent parents and caregivers, and to Ontario’s criminal justice system. Since then it has taken new directions, including examinations of other flawed pathologists, flawed pathology, and flawed science and technology which has marred the quality of justice in courtrooms around the world. On International Wrongful Conviction Day in 2024, I was thrilled to have the Blog recognized by Innocence Canada, when I was presented with the, "Rubin Hurricane Carter Champion of Justice Award." The heart of the Blog is my approach to following cases which raise issues in all of these areas - especially those involving the death penalty. I have dedicated 'The Selfless Warrior Blog’ (soon to appear) to those exceptional individuals who have been ripped out of their ordinary lives by their inability to stand by in the face of a glaring miscarriage of justice. They are my ’Selfless Warriors.’ Enjoy!
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