PUBLISHERS NOTE: Much of the focus of this Blog has been the hundreds of cases in the U.S.A. where people have been convicted of arson over the decades because of the outdated, unscientific testing messages used by fire investigators. I expect that many more USA convictions - where convicted people are still in jail - will come to light, now that the traditional investigations conducted decades ago have been exposed as 'junk science." I am rather surprised that so few arson convictions based on outdated 'science' have, forever whatever reason, come to light in Canada. It is therefore interesting to come across the Fournel case, which dates back quite recently to 2009. I will follow this case with great interest. Harold Levy. Publisher. The Charles Smith log. PS: Dear readers. If you are aware of any simCanadian cases, please bring them to my attention at hlevy15@gmail.com.
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STORY: "Fournel investigation was ‘botched,’ claims lawyer," by reporter Len Gillis, published by Timmins Press on May 4, 2017.
PHOTO CAPTION: "Prof. Alan Young, a Toronto lawyer and director of the Innocence Project, said there are compelling arguments why convicted arsonist Cecile Fournel of Timmins should be given a new trial. Fournel, a former OPP officer, was convicted of setting her daughter-in-law’s house on fire in 2009."
GIST: "A
high-profile Toronto lawyer representing the Innocence Project suggests
the finding of guilt made against Cecile Fournel was based on a flawed
investigation and inconclusive evidence.
Fournel, a former Ontario Provincial Police officer from Timmins, was convicted in 2012 of arson and giving a noxious substance. She is now on parole after serving two-and-a-half years of a five-year sentence. Prof. Alan Young, of Osgoode Hall Law School, said he is representing Fournel because there is good reason to believe her case qualifies for a new trial or at least an appeal. Based on that, Young said the case is being forwarded to the federal minister of justice, pursuant to section 696.1 of the Criminal Code. He said this allows a case to be reviewed if it is believed an innocent person has been wrongly convicted. “Basically we have to point to new evidence that casts doubt on the validity of the earlier conviction,” Young explained. “This was a horribly botched investigation, a poorly prosecuted case and a poorly defended case. We believe that a miscarriage of justice did occur.”
Fournel was initially charged with attempted murder, arson and administering a noxious substance. Fournel was convicted on the charges of arson and administering a noxious substance, but acquitted on the attempted murder charge. She appealed her conviction in 2014, but it was rejected......... Following an investigation by the Timmins Police Service, OPP, Timmins fire department and the Ontario Fire Marshal, Fournel was charged. Young, in an interview with The Daily Press on Thursday, claimed the fire investigation was not done properly. “The report saying arson occurred was done three weeks after the fire when the place wasn’t even secured and things had been moved,” said Young. “So the inspection, right from the get-go was of no evidentiary value. We now have three expert reports indicating that whatever was testified to at trial, about the fire, was just wrong. It is inconclusive how the fire started. There is no evidence that it started in a closet in her room, while Chantal was sleeping.” He said new research has indicated an entirely new narrative for how the fire started and that it was not in the bedroom closet. “We have been working on her case for roughly two to three years. We retained the services of three fire experts and four toxicologists who have all given us reports casting serious doubts on the findings made that a fire was intentionally set and that a sleep-inducing agent was surreptitiously put into her drink. “We are contesting both those findings.” Young said another issue at trial is that Fournel was advised not to testify, which he said was not good advice. “I believe it was a horrible mistake,” said Young. “This is a soap opera story and I believe there are two sides to every story. The judge only got one side. “The crux of what we’re trying to say is the evidence that convicted her was highly flawed and this has been confirmed by a team of experts. Now it is up to the Government of Canada to determine whether or not a miscarriage of justice occurred and they should order a new trial or refer the matter to the court of appeal for resolution. “Of the dozen or so cases I have sent to Ottawa in the last 20 years (through the Innocence Project), this is one of my stronger cases,” Young said."
The entire story can be found at:
http://www.timminspress.com/2017/05/04/fournel-investigation-was-botched-claims-lawyer
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/
Fournel, a former Ontario Provincial Police officer from Timmins, was convicted in 2012 of arson and giving a noxious substance. She is now on parole after serving two-and-a-half years of a five-year sentence. Prof. Alan Young, of Osgoode Hall Law School, said he is representing Fournel because there is good reason to believe her case qualifies for a new trial or at least an appeal. Based on that, Young said the case is being forwarded to the federal minister of justice, pursuant to section 696.1 of the Criminal Code. He said this allows a case to be reviewed if it is believed an innocent person has been wrongly convicted. “Basically we have to point to new evidence that casts doubt on the validity of the earlier conviction,” Young explained. “This was a horribly botched investigation, a poorly prosecuted case and a poorly defended case. We believe that a miscarriage of justice did occur.”
Fournel was initially charged with attempted murder, arson and administering a noxious substance. Fournel was convicted on the charges of arson and administering a noxious substance, but acquitted on the attempted murder charge. She appealed her conviction in 2014, but it was rejected......... Following an investigation by the Timmins Police Service, OPP, Timmins fire department and the Ontario Fire Marshal, Fournel was charged. Young, in an interview with The Daily Press on Thursday, claimed the fire investigation was not done properly. “The report saying arson occurred was done three weeks after the fire when the place wasn’t even secured and things had been moved,” said Young. “So the inspection, right from the get-go was of no evidentiary value. We now have three expert reports indicating that whatever was testified to at trial, about the fire, was just wrong. It is inconclusive how the fire started. There is no evidence that it started in a closet in her room, while Chantal was sleeping.” He said new research has indicated an entirely new narrative for how the fire started and that it was not in the bedroom closet. “We have been working on her case for roughly two to three years. We retained the services of three fire experts and four toxicologists who have all given us reports casting serious doubts on the findings made that a fire was intentionally set and that a sleep-inducing agent was surreptitiously put into her drink. “We are contesting both those findings.” Young said another issue at trial is that Fournel was advised not to testify, which he said was not good advice. “I believe it was a horrible mistake,” said Young. “This is a soap opera story and I believe there are two sides to every story. The judge only got one side. “The crux of what we’re trying to say is the evidence that convicted her was highly flawed and this has been confirmed by a team of experts. Now it is up to the Government of Canada to determine whether or not a miscarriage of justice occurred and they should order a new trial or refer the matter to the court of appeal for resolution. “Of the dozen or so cases I have sent to Ottawa in the last 20 years (through the Innocence Project), this is one of my stronger cases,” Young said."
The entire story can be found at:
http://www.timminspress.com/2017/05/04/fournel-investigation-was-botched-claims-lawyer
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/
