PUBLISHER'S NOTE: I recently attended the annual meeting of AIDWYC - The Association in Defence of the wrongfully convicted - and was utterly moved by the keynote address delivered by Maria Shepherd, who had been exonerated by the Ontario Court of Appeal on February 29, 2016. In that address, Maria vividly explained the impact of the wrongful prosecution in connection with the death of her beloved stepdaughter Kasandra both on herself and her family. I was riveted by her account. You could have heard a pin drop in the room. I decided then and there to ask Maria if I could share her address with the rest of our readers. I am very grateful that she agreed, in the hope that other people will be spared what she went through when the public becomes aware of her and her family's horrific experience - which tore a quarter century out of her and her family's life. I have enclosed a note following Maria's 'story' which gives necessary on background on the some of the individuals she refers to, including a wonderful, supportive wrongly convicted man named Romeo Phillion, sadly now deceased, who spent almost 32 years behind bars - and James Young, and Jim Cairns, former Chief and Deputy Chief Coroner of Ontario, who avoided accountability to their regulatory body, The College of Physicians and Surgeons of Ontario - by agreeing not to practice medicine again rather than face a disciplinary hearing - for failing to protect Maria and far too many others from having their lives destroyed by Charles Smith,
Harold Levy: Publisher; The Charles Smith Blog.
MARIA SHEPHERD'S SPEECH TO AIDWYC'S ANNUAL MEETING; DELIVERED MAY 28, 2016. (AIDWYC HAS FORMALLY CHANGED ITS NAME TO INNOCENCE CANADA);
"Good morning everyone, I have to apologize for my husband. He left for his yearly
men’s fishing trip today. He certainly deserves it. Before I commence, I would like to dedicate today to my late
Mother, Maria Ibanez Crespo, who passed away due to a fall last June. On this
very day, one year ago, my mother fell and succumbed to her injuries 6 days
later. My mother was my biggest inspirations to be a compassionate,
caring, loving and strong woman. A woman who never judged anyone. A woman with
open arms and heart to all. A living angel as I always said and still say. She
was a devote Catholic and always turned to her faith when in dire times. I am deeply saddened she is no longer alive to see the day of
my Acquittal and also no physically present here today. I do know that she is
here in spirit and her legacy lives through me. This one is for you Mom. I can finally tell our story. Today, I am also missing Romeo Phillion terribly. I know he
is here with me us in spirit. My name is Maria Shepherd. I am 46 years of age, a wife of 26
years, proud mother to 5 amazing children and glowing grandmother of 3 blessed
granddaughters. This is the true story about the life of my wrongful conviction
for 25 years. I had spent more than half of my life known as the murderer
of my own daughter (stepdaughter). I am most uncomfortable using the term
stepdaughter because up until I was charged in her death, I never referred to
her as my stepdaughter nor myself as her stepmother. I have always loved our
Kasandra as if she were born to me. Kasandra joined our family unit after a bitter custody
proceedings . A Family Court Justice , awarded interim custody to my husband. I
was instrumental in initiating custody proceedings for Kasandra. She was in
dire need of a healthy, steady and loving home life. My husband Ashley and I
were able to provide this to her and were happy to have her home full-time. Kasandra was one and a half years old when custody was
awarded to us. Indeed, one of the
happiest days of our lives. Kasandra was a funny, happy little girl who loved
toys, baths, Care Bears, Barney and daycare. Her favourite song was “I’m a nut”
and she loved balloons very much. In February of 1991, Kasandra seemed to have caught a flu
bug. She was vomiting. We would take her to regular almost weekly visits to the
doctor to try and find out what was wrong. Ultimately, Kasandra was admitted to
hospital for about a month. During her stay in the hospital, Kasandra would
undergo several tests to try and determine what was wrong. One of those tests
was a CT SCAN. We would see some improvement but no formal findings of what was
medically wrong with her. After some improvement, Kasandra was released home to
us in March. One of the conditions of released was that we were to bring
Kasandra to see a Neurologist for CT results. The Neurologist told us that
there was a bit more space between Kasandra’s brain and skull, but not to be
concerned as this was normal. No follow up visit with the Neurologist was ever
scheduled. After a few weeks of being home and returning to access
visits with her birth mother,
Kasandra’s vomiting would return, but with a vengeance. She began
projectile vomiting, she was not able to hold down food. She would become
severely lethargic at times. I would often have to hold her head up and try to
feed her. It seemed like she was losing sight as she would slowly stop focusing
on anything. We continued regular doctors visits and continued to seek medical
advice. We were told to continue with Gravol and perhaps changing the amount
and times of food. This did not help. On April 9, 1991, Kasandra experienced, what we have now
learned was a petite mal seizure while in my room. Her eyes had rolled to the
back of her head and she twitched briefly. She projectile vomited again. I did
not know at the time that this was a seizure in a child. There was no
indications prior to Kasandra’s release from the medical team that there was
any concern of seizures. Even though, we had advised the medical team of
previous doctors that Kasandra’s birth mother suffered from Grand Mal seizures
and was on medicine for same. Specifically, Tegretol. Later on the evening of April 9, 1994, my husband had
returned home from work. Shortly after his arrival, Kasandra would vomit again.
My husband would bathe and change Kasandra . My husband and brought Kasandra
down to the living and then suddenly, Kasandra had a Grand Mal Seizure. Her
eyes rolled back into her head. Her body was jerking violently. She stopped
breathing but after a friend did CPR. Kasandra began to breathe again. Paramedics arrived a short while later. One of the Paramedics
strongly advised that Kasandra should be transferred to Sick Kids hospital
right away. Kasandra was initially treated at Peel Memorial Hospital. It is
here where we feel strongly that Kasandra was not properly cared for. Kasandra
would be placed in a cubicle. My husband and I closely watching Kasandra. We
could see that another seizure was starting and we would try to alert the
nurses. They did nothing to
prioritize Kasandra. Kasandra would have the worst Grand Mal seizure ever. Her
eyes rolled back into her head. She was squealing loudly, her back arched and
body jerking violently against the gurney. This would be the last time we would
see Kasandra alive. Just several days after after Kasandra’s death and funeral ,
the police commenced their investigation. It was clear after a while, the
police were targeting me, along with the guidance of Charles Smith. One
Officer, made it clear – give them what they want or else the papers would read
“Stepmother kills Stepdaughter” and your children will be taken away. On the advise of close family friends of my parents, we
sought out Counsel. We would ask Counsel to attend with us for polygraphs. He
said he was not available but could recommend a retired RCMP Officer for a fee.
We did not have the money. Despite answering all questions by the police and cooperating
fully. They were no satisfied with us. My husband and I could not understand
why this was happening. We had done nothing wrong to Kasandra. I was soon charged with killing Kasandra. My world quickly
changed. I was quickly stripped away from my newborn, a one year old
and a five year old. My Chelsea, Natasha and Jordan. They went to live with my
parents. My husband stayed by my side. I was now an alleged murdered of a child. Our child. I wanted to die. My days of pre-trial were not easy. I would initially retain
first counsel through Legal Aid. First Counsel (whom I shall refer to hereinafter
as “First Counsel” so as to not release
the actual name) would have me convicted of Breach of Recognizance because
I was several hours late to sign in with the police. Even though, I walked into
the police station and explained that I had been at the cemetery earlier and
had cried myself to sleep. I overslept and missed my sign in time. At the Preliminary Hearing, First Counsel did not put up an
aggressive defence argument. He
did not retain any other expert witnesses to challenge Charles Smith. I have no
recollection of any Charter Applications either. First Counsel never ever once
showed me disclosure. First Counsel would only meet with me a handful
of times and no more. First Counsel was clearly impressed and swayed by Smith. The Superhero Expert that walked into the courtroom and wooed
everyone with his presence and so called knowledge was actually a Fraud with no formal training. Despite telling First Counsel of the concerns we had about
the lack of care Kasandra received at Peel Memorial Hospital, he failed to ever
advise me that he was actually on the Board for Peel Memorial Hospital. I would
later find out while walking through the hospital one day for an unrelated
reason. First Counsel had a conflict of interest from day one. I would later discharge First Counsel and retained new
Counsel, J. Thomas Wiley. Wiley would immediately take steps to have my Breach
of Recognizance conviction overturned. Wiley would meet with me on a regular
basis and for the first time, I would start seeing the Crown’s disclosure. I
continued to advise Wiley that I had done nothing to harm our daughter and
profess my innocence. Wiley would take steps to obtain authorization from Legal
Aid to retain other experts, one locally and one in Philadephia. Wiley would
retain the first Private Investigator named Jack. The feeling of hope started to come – but it did not stay for
long. The two forensic experts concurred with Smith. The first Private Investigator was actually trying to get
witnesses to make statements against me. No one would challenge Smith. No one. He was the God of
Paediatric Forensic Science. Hope quickly started dying. I was later convicted based upon guilty plea to save what was
left of my family. With a guilty plea, it would enable me to serve my sentence
in a prison close to the children. I would be able to have touch visits. I
would serve a shorter sentence and be recommended for early parole. I would
have a better chance of regaining custody of my children because I was showing
remorse. There was no other choice. At the time I entered my guilty plea and was sentenced, I was
3 months pregnant. It was possible that I could be paroled in time to deliver
my youngest daughter, Chanel. I stood a better chance of not losing another
newborn if I showed remorse. Remorse for a crime I did not commit. The guilty plea was strategic. I had to enter the plea before
my Mother arrived to Orangeville Court that morning, or else my mother would
die watching it happen. After my mother arrived, we told her. My mother cried
loudly, began falling to her knees and kept asking my lawyer, why over and over
again. Her voice and cries echoing in the quiet courthouse hallway. On the day I turned myself in to start my sentence, I was
handcuffed and shackled at the feet. I was wearing a black maternity dress with
a burgundy bow. I would start my sentence at Metro West Detention Centre
where I would have an anxiety attack with hours. I was told to tell the inmates
that I was there for murdering my husband, because baby killers get killed. The
time here would be my first encounter of a prison setting in my life. I would witness things in the prison that were terrifying. I
was housed in Protective Custody for my own protection and safety. I would later be transferred to Vanier Centre for Women. Upon
arriving I was immediately confronted and called a baby killer and was told by
inmates that they have been awaiting my arrival. Although I was still receiving
protection by Correctional Officers, this would quickly stop as I had to waive
my right to Protective Custody in order to go to Vanier and be closer with the
children. During my stay at Vanier, an inmate threated to shove a broom
stick up my a…. . My life was in constant danger – at any time an inmate could
attack me. There were times when knives went missing and we would be placed
into lockdown – in fear the knife was meant for me. When I was eligible to apply for a Temporary Absence Pass
(TAP) after I had earned it, the Superintendent of Vanier, denied my requests
because he did not like me because of my conviction and circumstances around
it. With the help of a Liasion
Worker, I was later allowed to go home initially for one day. I would later apply to the Parole Board for early Parole.
Although I had to once again accept responsibility for Kasandra’s death in
order to qualify for parole, I was denied because they said I cried too much
and was emotionally unstable. I was later released on day Parole. I was released to a half way house in March of 1993. I would
give birth to my baby and we would be separated. I was not allowed to be alone
with any of my children. By June of 1993, I was released on full parole. It was a good
feeling to be back in the community . I would continue the fight of my life. Now it was time to start rebuilding my family and headed to
family Court. After approximately 3 years, I had won and my husband and I were
given back our autonomy. The Family Court Justice could see that there was
nothing the CAS was reporting that indicated that I was a risk to my children.
For the first time in several years, my family and I could be together again. Shortly after my release, I was hired by defence Counsel,
Wiley to work in his law office as a receptionist. It later blossomed into
several years working for the law firm which consisted of 4 criminal lawyers. I
later went on as an unregulated Paralegal. This went well for awhile until I
received a call in 2006… Charles Smith had been caught. He was a fraud. A great sense of elation but great
sadness once again. My case was being reviewed as a wrongful conviction – for
the first time I had hope that my innocence would now be known. Then again, my world fell apart. My emotions were
overwhelming. I slipped into a deep depression. The feeling of grief over
losing Kasandra had been quiet and lonely. With the reopening of the case, all
the emotions came rushing in. Happiness, sadness, grief and sorrow. When Wiley told my a Mr. James Lockyer wished to meet with
me, I was dumbfounded…I said “who is James Lockyer ?” and what is AIDWYC. I had
not known all those years that AIDWYC had even existed. After meeting with Mr. Lockyer, I later met with Win Wahrer
and then began attending events with AIDWYC. Another downfall came when the Law Society was going to
regulate Paralegals. I would not qualify because of my conviction. My
profession I had worked so hard for was gone. There was no more income until I
was able to find a job working in a clothing store. A Coroner’s Inquest was held in approximately 1997. It was
crucifying. I was subjected to once again having to admit I had killed
Kasandra. I was on parole and did not want to risk having my parole revoke for
recanting my remorse. I was the City’s scapegoat. They got away with it. From 1993 – present, I always maintained a sense of hope that
I could prove my innocence. During these years I watched my entire family
suffer including my mother and father. Regardless of all the challenges, I
always maintained hope. My mother always taught me to pray and be patient for
God to answer. He did on Leap
Year, Lead Day – February 29, 2016. But also through those years, I watched my daughter run home
from elementary school crying because of an article in the newspaper about me
that her fellow classmate brought to school. I watched my son, cry and cry for
me. Watched my children grow up with a mother known as a convicted murderer of
their sister. It has many times almost taken my life. My depression led to medications that led to attempts and
thoughts of suicide. The shame and embarrassment of being a convicted murderer.
The failure at my profession. I have also been in therapy with a Forensic Psychologist for
the last 10 years. On the eve of my Acquittal. It was just before midnight.
Jordan, my eldest son, asked me to go for a walk across from the hotel. We
walked and then sat in the rain in front of the Toronto sign at Nathan Phillips
square – for the first time he told me his biggest fear… a fear of one day
coming home from school and finding his mother hanging dead because she had
given up. This will always haunt me. What still hurts and angers me deeply today is that I had to
sacrifice half my life to preserve my family for a crime I never committed.
Yet, the perpetrators like Smith, Cairns, Young and the police Officers walk
free of any criminal accountability for taking our lives for a quarter of a
century. Since when is Fraud and misconducted in criminal proceedings not a
crime ? There must be a way. I am not the only victims, there are many and we
deserve the right to see criminal accountability where it rightfully belongs. Even though you are acquitted, the stain will always be
there. Even after my acquittal, when media published me story on social media,
there were hurtful comments like “ she should have gotten the electric
chair…opps” and she should be “raped, murdered and dumped”. In closing, I would like you all to know that it is very
difficult to summarize 25 years of pain and agony in less than an hour, but
there is much to tell and it will come out with the release of a book that is in the works by my
dear friend and writer, Frank Monaco. I wish to extend my deepest gratitude to everyone at AIDWYC
and all the volunteers for all that you have done for myself, my family and
other wrongly convicted. I will now always call you Angels of Justice. A
special thank you to Mr. Lockyer and my legal team to for their tireless work
and dedication. For believing in my innocence and finally helping me to prove
it. To Win Wahrer, thank you for
all the seemlingly endless hours of counselling, love and support and
especially standing in for my mom on the day of my acquittal. My son is here today as living proof that children of the
wrongly convicted also suffer deeply, but they too also come out to be the next
generation of crusaders against Wrongful Convictions. I choose hope – I am now on my way to becoming a Licensed
Paralegal – only a few more steps to take. I hope I can educate others with my experience and also bring
hope to others wrongly convicted. Hope never dies – even when you think it has.
It doesn’t. The wrongly convicted must hold on to faith, for it is always
there. We owe our lives to all of you. For me, with the Grace of God and on the wings of Kasandra
and my Mother, I will continue this fight to correct and prevent wrongful
convictions. Water is one of the strongest elements in the world. One raindrop
makes a ripple, but many raindrops makes an ocean. Let the ocean flow, please join
AIDWYC today or donate to the cause. One conviction is too many. There are many
we need to save now."
PUBLISHER'S NOTE: As noted in my earlier comments, Romeo Phillion, was a wonderful, supportive wrongly convicted man,
sadly now deceased at age 76, who spent almost 32 years behind bars. In a news story on his death, Reporter Jacques Gallant summed up Romeo's tragic existence brilliantly in the Toronto Star, on November 4, 2015, with a memorable lead: "The justice system is not infallible. Romeo Phillion knew
that better than most. Wrongfully convicted of murder in 1972, he would
spend almost 32 years in prison — a life robbed by the failure to
acknowledge what is not so surprising today: that confessions can be
false; that evidence is sometimes withheld; that the courts can get it
wrong." In a publisher's note I wrote: "I
met Romeo quite a few times over the past decade and I was always
inspired by his positive nature, his ability to laugh - in spite of it
all - and the support he gave to other wrongfully convicted people. He
shall be missed." James Young's legacy was aptly pronounced by Justice Stephen Goudge in his report into Ontario's public inquiry into many of Charles Smith's cases: "In the end, as Chief
Coroner, Dr. Young must bear the ultimate responsibility for the failure
of oversight. As he rose to take on more senior positions, he proved
unable to exercise the authority of the position he already held, to
insure vigilant oversight of Dr. Smith.. When he finally did act, it was
to protect the reputation of his office, and not out of concern that
individuals and the public interest may already have been harmed.
Sadly, the de facto oversight of Dr. Smith that resulted was far too
little, far too late." As my colleague Theresa Boyle wrote in the Toronto Star on June 16, 2010: "The College of Physicians and
Surgeons is coming under fire for dropping investigations in at least
four separate cases where doctors agreed not to practise again rather
than face disciplinary action."..."The college earlier this
year quietly dropped an investigation into former chief coroner James
Young in exchange for him pledging his intention not to reapply to
practise medicine in Ontario. The college revealed it was investigating
Young in 2008, following a public inquiry during which he had come under
harsh criticism for his lax oversight and protection of pediatric
pathologist Charles Smith, whose litany of errors led to a series of
wrongful murder charges and convictions." As Theresa Boyle noted in this story, headed: "Victims, lawyers angry doctors allowed to resign and avoid
investigation"...""The
latest case was revealed Friday when the regulatory body said there was
nothing to be gained from disciplining former deputy coroner James
Cairns over his role in the Charles Smith saga since he had already
turned in his licence to practise medicine.........In
the case of Cairns, Silver notes that there was already a public airing
of issues at a $10 million inquiry where he was harshly criticized for
protecting Smith, the pathologist whose sloppy work contributed to a
series of wrongful prosecutions and convictions. But medical
malpractice lawyers argue that errant doctors are avoiding public
disciplinary hearings by resigning. And they say there are other issues
at stake in addition to public safety: deterrence, education, punishment
and accountability. “What message does it send when these
doctors are allowed to retire from the profession without any adverse
consequences?” asks lawyer Paul Harte. “I would love for someone
to do a survey and find out whether the public is supportive of the idea
that when doctors are alleged or found to have made mistakes, that they
are allowed to bow out and say okay, don’t continue your investigation,
I resign,” says lawyer Amani Oakley. “I don’t know of any other
area where that happens. If you commit a crime, it’s not okay to say ‘I
don’t drive cars anymore so don’t worry about my drunk driving’,” she
adds. These cases raise the
questions: Are these doctors being let off the hook too easily? Or is
it enough that they are no longer allowed to practise medicine in
Ontario?"
HAROLD LEVY: PUBLISHER; THE CHARLES SMITH BLOG;
Maria, son Jordan and Win Wahrer;
HAROLD LEVY: PUBLISHER; THE CHARLES SMITH BLOG;
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/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
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;
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.
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;
