the charles smith blog

Sunday, July 9, 2017

James Saltmarshal: Michigan; Shaken baby syndrome: Case is dismissed against a 22-year-old father who had been accused of raping and killing his infant daughter ater tests leading to charges found to be 'eroneous.'...""He was torn up. He said all along he didn't do it," said Lillian Diallo, his defense attorney. She adds that Saltmarshall didn't find out about his daughter's death until the charges were read against him. "He's having a very difficult time because he could not go to his daughter's funeral. He does not even know where she is buried right now," Diallo said. While Saltmarshall was originally issued a $2 million bond, it was reduced to house arrest after an apparent problem with the first round of forensic testing. "No rape. No shaken baby syndrome. No fractured skull. None of that," Diallo said."

 
STORY: "Tests found 'erroneous' in case against man accused of raping, killing infant daughter," by reporter Erika Erickson, published by FOX 2 on June 29, 2017.

GIST: "The case is dismissed against a 22-year-old father who had been accused of raping and killing his infant daughter. James Saltmarshal was accused of sexually assaulting and murdering his 8-month-old daughter in April. The charges against him were dropped Thursday as the court cleared his name. "Your honor at this time the people are moving to dismiss the case in the best interest of justice and without prejudice," prosecution said.  Back in April, police were called to an Inkster hotel room where Saltmarshall says Janiyah had stopped breathing. Janiyah later died at the hospital and the medical examiner reported finding trauma to the baby's head, and rectal tearing. Saltmarshall was charged soon after. "He was torn up. He said all along he didn't do it," said Lillian Diallo, his defense attorney. She adds that Saltmarshall didn't find out about his daughter's death until the charges were read against him. "He's having a very difficult time because he could not go to his daughter's funeral. He does not even know where she is buried right now," Diallo said. While Saltmarshall was originally issued a $2 million bond, it was reduced to house arrest after an apparent problem with the first round of forensic testing. "No rape. No shaken baby syndrome. No fractured skull. None of that," Diallo said. The Wayne County Prosecutor's Office told Fox 2 that originally there was compelling evidence from the treating doctors that Janiyah's death was a homicide. "The treating emergency medical doctors and other health professionals met with the Wayne County Medical Examiner's Office and it was determined that the initial conclusion was erroneous. This caused further investigation and testing to be done resulting in the dismissal of the case," the office said in a statement. "You had somebody charged with the most salacious thing you can charge them with. The worst thing -- raping and killing his infant daughter -- and now it's a big oops," Diallo said."


The entire story can be found at:
  http://www.fox2detroit.com/news/local-news/264726248-story 

See story on exclusive  Click On Detroit  interview with James Saltmarshal after he was released on bond because of doubts over initial forensic conclusions: "Local 4's Koco McAboy spoke with Saltmarshall after he was released from the Wayne County Jail. When asked about his release, Saltmarshall told Local 4 that a medical examiner had told his lawyer there was no physical damage to his daughter. “I’ve been told by my lawyer that she took my child out to the medical examiner and they basically said there was no physical damage to my child,” Saltmarshall said. “I don’t know why people would think I would do that. I’ve been involved with CPS since my daughter was born,” he said. “So that’s another reason why I don’t think I would do something like that to my child if I have to take my child to CPS almost every week, that really doesn’t make sense but hopefully, we can get to the bottom of it and go from there.” When asked about the sexual-assault charge against him, he said: “I was shocked. At the same time, I was told my daughter had passed two or three days prior. That’s why on the news you see me crying frantically and acting that way. I was told that my daughter was deceased and that I was charged with three felonies that I have never seen happen to me, seen only happen on TV, but they put me in jail since last Thursday.” When asked about the events that took place the day his daughter died, Shaltmarshall responded: “My daughter suffocated in my arms while I was sleeping, and while she was sleeping. I woke up and realized that my daughter was not breathing and the first thing I did was call the police," he said. "As soon as the police came, they picked my daughter and put her in the truck for about 20 minutes and took her to the hospital. The cop then rushed me to the hospital." He continued,  "Once we get to the hospital, they start naming all these different types of injuries that were new to me." Saltmarshall said he's glad he has been released. “Finally out, get to be around family and get to actually mourn my daughters death.” Prosecutors allege Saltmarshall was alone with his infant girl April 20 in a hotel in the 2600 block of Michigan Avenue when authorities were called because the child was unresponsive.
The child was in good health when the mother left for work in the morning. It is alleged Saltmarshall killed the child by causing trauma to her head. Other injuries were observed on the child. The infant died Sunday."
 http://www.clickondetroit.com/news/exclusive-interview-with-father-charged-with-murder-sexual-assault-of-8-month-old-girl-in-inkster

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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html 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;
Harold Levy at Sunday, July 09, 2017
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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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