PUBLISHER'S NOTE: Guilty Plea series: Part 5; Canadian cases; Maria Shepherd; The Innocence Project has demonstrated a compelling need to expose the disturbing number of convictions in America attributed to guilty pleas rendered by innocent people in America. However, the problem of false guilty pleas is is common to many other jurisdictions, including Ontario, where I reside. I would like to make my own contribution to the Innocence Project's campaign, by running a series of posts taken from this Blog and elsewhere, which vividly illustrates the point. (Many of the posts were based on reports by my friend and colleague the late Tracey Tyler. the Toronto Star's talented legal affairs reporter for many years, until her untimely death. She had no patience for miscarriages of justice.) A common factor in many of the cases in this series is the presence of former doctor Charles Smith, the namesake of this Blog. In each case, the defence lawyer recommended a guilty plea to a lesser offence in order to avoid the ramifications of a conviction on the more serious charge - almost guaranteed by the now notorious former doctor's involvement in the case - in spite of the client's protests of innocence.
Harold Levy: Publisher; The Charles Smith Blog;
----------------------------------------------------------
Friday, June 3, 2016
Maria Shepherd: Ontario: "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."
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."
http://smithforensic.blogspot.ca/2016/06/maria-shepherd-ontario-i-continued-to.html
------------------------------------------------------------
PUBLISHER'S NOTE: I am monitoring this case/issue. 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/
