STORY: "Naked, bruised body in the woods looked like a sexual homicide. But then came the autopsy," by Tom Blackwell, published by The National Post on April 25, 2017.
GIST: "The Ontario woman’s naked body was found deep in a forest, her legs spread apart, what appeared to be bruises speckling her face, neck and torso. Evidence from the eerie scene and common sense pointed to one thing: sexual assault and homicide. But then authorities carried out an autopsy and did other investigation, producing a much different story — and a cautionary tale for a province where forensic science has a contentious history. The bruises were actually the effects of insect bites, while the victim had a history of mental illness and had once before run unclothed through the woods, says a newly published study of the case. Her death was eventually blamed — not on rape and murder — but on heat exhaustion and insect stings, says the report by Dr. Michael Pollanen, Ontario’s chief forensic pathologist. The sexual-homicide “mimic” underscores the importance of considering alternative theories, of “disentangling our preconceptions from the actual truth,” he said.
“This case … is a reminder to forensic pathologists to avoid tunnel
vision,” wrote Pollanen in the journal Forensic Science, Medicine and
Pathology. “We need to be skeptical of the allure of common sense based
on first impressions of the scene and body. Forensic pathologists must
be unafraid to scientifically explore improbable, but true, alternative
explanations.” His warnings would seem to embody a key part of Pollanen’s original mission in Ontario. Appointed a decade ago, the highly respected expert overhauled the
province’s forensic-pathology system in the wake of the scandal around
Charles Smith, the pathologist whose rush to blame caregivers for
children’s deaths led to several miscarriages of justice. Smith
sometimes cited foul play when accident had resulted in a child’s death. And yet, Pollanen himself was called to task recently for wearing
blinders, with a judge saying he had been too dogmatic in justifying his
opinion that a child’s injury was the result of violence, not mishap.... “A nice cautionary tale, to be sure,” Dr. Brian Peterson, president
of the U.S. National Association of Medical Examiners, said by email.
“One of our toughest challenges is to see beyond our initial case
impressions — it’s not so much about keeping an open mind, but keeping
an informed, questioning mind at all times.” Nathan Gorham, the lawyer whose case resulted in the recent judicial
dressing down of Pollanen, said he’s still troubled by the impact of
such experts’ work on criminal cases. He declined to comment on the Ontario doctor’s work specifically, but
lamented that pathologists often voice strong opinions based on general
medical literature that may not apply to the case at hand, and
essentially usurp the jury’s role by factoring in non-medical,
circumstantial evidence. “It’s difficult to overstate how important this evidence is when it
bears on a truly contested issue in a trial,” said Gorham. “It gives a
real, unfair advantage when you have someone who is cloaked in all of
this expertise and a stellar reputation … who is essentially providing a
thinly veiled argument.”
The entire story can be found at:
The entire story can be found at:
http://news.nationalpost.com/health/naked-bruised-body-in-the-woods-looked-like-a-sexual-homicide-but-then-came-the-autopsyPUBLISHER'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/
