PUBLISHER'S NOTE (1): It is amazing how Wrongful Conviction Day has blossomed since it was launched by The Association on Defence of The Wrongly Convicted (AIDWYC) now called 'Innocence Canada' on October 2, 2014. The backstory: Wrongful Conviction Day was the conception of Win Wahrer, the organization's Director of client services. Win is legendary in Canada and beyond for her impassioned defence of Guy Paul Morin - subject of one of the most notorious miscarriages of justice in Canada's history - as one of the founders of the Justice for Guy Paul Morin' citizen's committee which later morphed into AIDWYC. Win dreamed up 'Wrongful Conviction Day' back in 2005, years later persuaded AIDWYC to take the initiative and promote Wrongful Conviction Day' around the world, and then threw herself into making it happen. It was an idea who's time had come. I truly wish that I was in charge of The Nobel awards. Win would be my top choice. Bravo Win!
Harold Levy. Publisher. The Charles Smith Blog.
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PUBLISHER'S NOTE: "Today, Wednesday October 2, 2019, Wrongful Conviction Day is commemorated by individuals and organizations around the world. The entire week will see hundreds of events in countries all over the map, including lectures, seminars and projects on this important project - and putting a spotlight on individual cases of injustice which cry out for exposire.
One of those organizations is Western University in Ontario. In its own words: "Western University is participating in International Wrongful Conviction Day by bringing out of the shadows the real impacts of wrongful convictions. We hope that the campus community and the public will come to hear our guest speaker, and raise awareness about wrongful convictions."
O'Neil Blackett, the guest speaker, is of great interest to this Blog as he is one of the victims of disgraced pathologist Charles Smith, the namesake of this Blog. As the university puts it:
"Pathologist Charles Smith left a trail of innocent people behind bars. One of them, O'Neil Blackett struggled to clear his name for 17 years."
The above announcement can be read at:
https://www.sociology.uwo.ca/about_us/events/wrongful_conviction_day.pdf
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MORE ON O'NEIL BLACKETT:
PASSAGE OF THE DAY: (From Toronto Star reporter Rachel Mendleson's story below:)
' Earlier this year, the Court of Appeal set aside Blackett’s manslaughter conviction and ordered a new trial based on fresh expert evidence that sharply criticized Smith’s opinions. Following a review of the case by the attorney general, the ministry concluded there was “no reasonable prospect of conviction,” Crown lawyer Dimitra Tsagaris told the court on Tuesday. The charge against Blackett was withdrawn. Justice John McMahon called Blackett’s ordeal “a tragedy.” His victory is the latest development in the continuing effort of the justice system to undo the damage caused by the flawed opinions of Smith, who was once revered as the province’s top expert in cases where children died in unusual circumstances. A decade after a public inquiry exposed oversight gaps in Ontario’s pediatric forensic pathology system that allowed Smith to rise to prominence despite his lack of training and objectivity, some parents who say they were wrongly blamed in the deaths of their children are still fighting to clear their names. Smith could not be reached for comment. A complication in many wrongful conviction cases involving Smith’s testimony — including Blackett’s — is that the accused pleaded guilty.
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THE CHARLES SMITH BLOG: Friday, October 26, 2018
"BACK IN ACTION: CATCH-UP: O'Neil Blackett: "The Smith exonerations continue - this one on Wrongful Conviction Day almost two decades after my forst Toronto Star story on the disgraced former pathologist. "On May 17, 2017, the Crown consented to the appeal and agreed that O'Neil's guilty plea should be set aside and that his request for a new trial on a charge of manslaughter be ordered. Child death cases are extremely difficult and emotionally charged but thankfully O'Neil Blackett;s journey through the criminal justice system has come to a just conclusion without him or his family having to endure another trial, O'Neil can now move forward and oursue his dreams, aspirations and goals that for far too long didn't seem possible."PUBLISHER'S NOTE: What a wonderful irony: O'Neil Blackett was finally exonerated just a few weeks ago on October 2, 2018 - Wrongful Convictions Day. Before taking a short break from this Blog in order to handle a writing assignment, I published a note in which I gave a number of reasons as to why I continue to publish the Blog after more than ten years. One of the most important reasons I gave was that there the Charles Smith story is not yet fully told - there are several important Smith cases heading to the Ontario Court of Appeal which could well lead to exonerations. Indeed, O'Neil Blackett's exoneration comes almost two decades after my first Toronto Star article on Charles Smith. Blackett O’Neil is the 22nd person whose name Innocence Canada (formerly known as AIDWYC) has helped clear. Bravo!
Harold Levy: Publisher; The Charles Smith Blog.
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PASSAGE OF THE DAY: "O’Neil was tragically another victim of the now disgraced former paediatric pathologist Charles Smith. O’Neil Blackett’s nightmare began on February 10, 1999 when he was arrested for the murder of his friend’s daughter, 13-month-old Tamara who had passed away two days earlier while he was babysitting her. Tamara had intestinal and breathing problems and had been vomiting and losing weight prior to her death. Charles Smith, revered at the time as the foremost expert on child deaths, conducted the autopsy and concluded that Tamara had not died of natural causes but had died due to strangulation or blunt force. O’Neil cooperated with authorities and consistently maintained that he had not caused Tamara’s death. However, after the testimony of Smith at his preliminary hearing, O’Neil accepted a manslaughter plea for fear of being convicted of murder. O’Neil had already served 15 months in pre-trial custody by the time he entered the plea in August 2001."
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COMMENTARY: "O'Neil Blackett" published on its web page by Innocence Canada, on October 2, 2018.
GIST: "On October 2, 2018 - the 5th Anniversary of International
Wrongful Conviction Day - Innocence Canada client O’Neil Blackett had
his name cleared after a long painful 17-year wait.
On a cloudy, rainy Tuesday O’Neil entered a courtroom at 361 University Avenue in Toronto with his lawyer, Innocence Canada co-founder James Lockyer. Many of O’Neil’s close friends were present to hear the announcement that the charges against O’Neil had been withdrawn. O’Neil is the 22nd person whose name Innocence Canada has helped clear. O’Neil was tragically another victim of the now disgraced former paediatric pathologist Charles Smith. O’Neil Blackett’s nightmare began on February 10, 1999 when he was arrested for the murder of his friend’s daughter, 13-month-old Tamara who had passed away two days earlier while he was babysitting her. Tamara had intestinal and breathing problems and had been vomiting and losing weight prior to her death. Charles Smith, revered at the time as the foremost expert on child deaths, conducted the autopsy and concluded that Tamara had not died of natural causes but had died due to strangulation or blunt force. O’Neil cooperated with authorities and consistently maintained that he had not caused Tamara’s death. However, after the testimony of Smith at his preliminary hearing, O’Neil accepted a manslaughter plea for fear of being convicted of murder. O’Neil had already served 15 months in pre-trial custody by the time he entered the plea in August 2001. He was sentenced to a further three years and three months. O’Neil did not appeal. After being released in October 2003 on mandatory supervision, O’Neil found life very difficult in general, especially when looking for employment. In 2005 the newly appointed Chief Coroner for Ontario Dr. Barry McLellan initiated a review known as the Chief Coroner’s Review that examined the work of Smith, in criminally suspicious deaths of children during the 1990’s. There had been expressions of concern about Smith’s professional competence in cases of sudden, unexpected deaths of children dating back as far as 1991. Dr. Christopher Milroy, then the Chief Forensic Pathologist of the Department of Forensic Pathology and Legal Medicine in the United Kingdom was retained by the Office of the Chief Coroner to review Tamara’s case. Dr. Milroy criticized and rejected Smith’s conclusion concerning the cause of Tamara’s death. He felt pathology could not provide a cause of death and that it should be classified as “unascertained”. On September 15, 2009 Mr. Justice Rosenberg of the Ontario Court of Appeal granted O’Neil’s application for an extension of time to file an appeal of his conviction. James Lockyer filed a notice of appeal on behalf of O’Neil requesting that the guilty plea be set aside, and a new trial ordered on the charge of manslaughter. Dr. Milroy provided a further opinion and Dr. Michael Shkrum, a Forensic Pathologist at the University Hospital of London, Ontario also provided an opinion. Their reports were received in February and April of 2013. On May 17, 2017 the Crown consented to the appeal and agreed that O’Neil’s guilty plea should be set aside and that his request for a new trial on a charge of manslaughter be ordered. Child death cases are extremely difficult and emotionally charged but thankfully O’Neil Blackett’s journey through the criminal justice system has come to a just conclusion without him or his family having to endure another trial. O’Neil can now move forward and pursue his dreams, aspirations and goals that for far too long didn’t seem possible."
The entire commentary can be found at:
On a cloudy, rainy Tuesday O’Neil entered a courtroom at 361 University Avenue in Toronto with his lawyer, Innocence Canada co-founder James Lockyer. Many of O’Neil’s close friends were present to hear the announcement that the charges against O’Neil had been withdrawn. O’Neil is the 22nd person whose name Innocence Canada has helped clear. O’Neil was tragically another victim of the now disgraced former paediatric pathologist Charles Smith. O’Neil Blackett’s nightmare began on February 10, 1999 when he was arrested for the murder of his friend’s daughter, 13-month-old Tamara who had passed away two days earlier while he was babysitting her. Tamara had intestinal and breathing problems and had been vomiting and losing weight prior to her death. Charles Smith, revered at the time as the foremost expert on child deaths, conducted the autopsy and concluded that Tamara had not died of natural causes but had died due to strangulation or blunt force. O’Neil cooperated with authorities and consistently maintained that he had not caused Tamara’s death. However, after the testimony of Smith at his preliminary hearing, O’Neil accepted a manslaughter plea for fear of being convicted of murder. O’Neil had already served 15 months in pre-trial custody by the time he entered the plea in August 2001. He was sentenced to a further three years and three months. O’Neil did not appeal. After being released in October 2003 on mandatory supervision, O’Neil found life very difficult in general, especially when looking for employment. In 2005 the newly appointed Chief Coroner for Ontario Dr. Barry McLellan initiated a review known as the Chief Coroner’s Review that examined the work of Smith, in criminally suspicious deaths of children during the 1990’s. There had been expressions of concern about Smith’s professional competence in cases of sudden, unexpected deaths of children dating back as far as 1991. Dr. Christopher Milroy, then the Chief Forensic Pathologist of the Department of Forensic Pathology and Legal Medicine in the United Kingdom was retained by the Office of the Chief Coroner to review Tamara’s case. Dr. Milroy criticized and rejected Smith’s conclusion concerning the cause of Tamara’s death. He felt pathology could not provide a cause of death and that it should be classified as “unascertained”. On September 15, 2009 Mr. Justice Rosenberg of the Ontario Court of Appeal granted O’Neil’s application for an extension of time to file an appeal of his conviction. James Lockyer filed a notice of appeal on behalf of O’Neil requesting that the guilty plea be set aside, and a new trial ordered on the charge of manslaughter. Dr. Milroy provided a further opinion and Dr. Michael Shkrum, a Forensic Pathologist at the University Hospital of London, Ontario also provided an opinion. Their reports were received in February and April of 2013. On May 17, 2017 the Crown consented to the appeal and agreed that O’Neil’s guilty plea should be set aside and that his request for a new trial on a charge of manslaughter be ordered. Child death cases are extremely difficult and emotionally charged but thankfully O’Neil Blackett’s journey through the criminal justice system has come to a just conclusion without him or his family having to endure another trial. O’Neil can now move forward and pursue his dreams, aspirations and goals that for far too long didn’t seem possible."
The entire commentary can be found at:
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See Toronto Star investigative reporter Rachel Mendleson's story on the Blackett exoneration, published by The Toronto Star on October 2, 2018, under the heading: "What happened to O’Neil Blackett is a ‘tragedy,’ judge says in wrongful conviction case," at the link below; "Seventeen years after he was convicted of killing a 13-month-old girl, O’Neil Blackett’s battle to clear his name ended where it began. On Tuesday morning, Blackett stood before a judge in a wood-panelled courtroom at 361 University Ave., the same Toronto courthouse where he was convicted in 2001, based largely on evidence from disgraced Sick Kids pathologist Charles Smith. The 42-year-old clasped his hands behind his back and held his head high. “I woke up this morning, I was refreshed. I knew what was to come,” he said in an interview after the hearing. “I waited so long.” Earlier this year, the Court of Appeal set aside Blackett’s manslaughter conviction and ordered a new trial based on fresh expert evidence that sharply criticized Smith’s opinions. Following a review of the case by the attorney general, the ministry concluded there was “no reasonable prospect of conviction,” Crown lawyer Dimitra Tsagaris told the court on Tuesday. The charge against Blackett was withdrawn. Justice John McMahon called Blackett’s ordeal “a tragedy.” His victory is the latest development in the continuing effort of the justice system to undo the damage caused by the flawed opinions of Smith, who was once revered as the province’s top expert in cases where children died in unusual circumstances. A decade after a public inquiry exposed oversight gaps in Ontario’s pediatric forensic pathology system that allowed Smith to rise to prominence despite his lack of training and objectivity, some parents who say they were wrongly blamed in the deaths of their children are still fighting to clear their names. Smith could not be reached for comment. A complication in many wrongful conviction cases involving Smith’s testimony — including Blackett’s — is that the accused pleaded guilty. Blackett was looking after Tamara Thomas the day she died in February 1999. When her mother returned from running errands she found the girl lying in her playpen, lifeless and cold to the touch. Blackett was performing CPR on the child when police arrived. He was “distraught and confused,” and denied causing harm, the appeal court ruling states. (At the time, Blackett believed Tamara was his daughter, but says in an affidavit he subsequently learned he was not her father.) Tamara had a history of intestinal and breathing problems, and had recently been vomiting and losing weight. That afternoon, Blackett had left her in her playpen with a bottle of chocolate milk. When she died, Tamara was wearing a cumbersome cast to repair a broken right femur. The injury happened a month earlier, while she was in Blackett’s care. He told the paramedics the child’s leg got caught in the wooden spindles of her crib. Police concluded that the crib was unsafe and deemed the injury accidental. Blackett was described by a first responder as an anxious parent who showed concern, and cooperated with a subsequent investigation by children’s aid, the ruling said. Blackett told police that since being in the cast, “there was a problem with her lying on her back, because she used to throw up whatever we gave her.” Smith dismissed the possibility that Tamara had choked on her vomit, or died in any other accidental way. In his opinion, she had succumbed to a “mechanical type of asphyxia” due to strangulation or blunt force. He also claimed to have found several additional fractures. Blackett was charged with second-degree murder. Smith testified at the preliminary inquiry, in November 1999. The trial was set for April 2001. By then, concerns about Smith’s work had begun to emerge. The Crown sought the opinion of another expert, who was largely supportive of Smith’s opinion but warned that unless there was some other evidence to support the Crown’s theory “there will always be doubt as to whether this is the actual cause of death.” A second pathologist, retained by the defence, disputed Smith’s findings. In August 2001, Blackett reached a deal with the Crown. He pleaded guilty to a lesser charge of manslaughter and was sentenced to three years and three months in jail, in addition to 15 months of pretrial custody. In an agreed statement of facts, Blackett stated that he had become frustrated while feeding Tamara, and forced the bottle violently into her mouth, causing her to choke and vomit, and had “then left her either unconscious or entering unconsciousness, unable to breathe, and she died.” In his affidavit filed last year in support of his appeal, Blackett said “those facts were not true.” He worried the jury would believe Smith over him because he had a criminal record, and he would receive a life sentence. “Dr. Smith’s evidence ... preyed on my mind,” Blackett said. “I felt trapped by my situation. I decided to plead guilty.” Blackett’s trial lawyer, Stephen Bernstein, said in an affidavit that his client “had always maintained that he did not know why Tamara died, and insisted that he had done nothing to cause her death.” Bernstein said that he told Blackett that “he should not plead guilty to something that he did not do,” but “that there was a ‘real chance’ he would be convicted of murder if he went to trial.” The Court of Appeal set aside Blackett's conviction after four additional forensic pathologists rejected Smith's conclusions. They said it could be natural causes but found it was impossible to say how Tamara died. On Tuesday, Justice McMahon said he was sympathetic to Blackett’s position, and urged vigilance in these types of cases. “As lawyers and judges, we can’t allow people to plead guilty to things they didn’t do, but I understand why it happens” when the accused is faced with a contradictory expert opinion, he said. Blackett, who was released on mandatory supervision in October 2003, was accompanied in court by a half-dozen supporters from Innocence Canada and the group’s founding director, James Lockyer — his lawyer. Outside the courtroom, he embraced Lockyer, who has helped clear the names of nine parents and caregivers wrongly blamed due to Smith’s flawed opinions. In seven of those cases, the accused pleaded guilty, Lockyer said. Blackett said the nature of his conviction has made it difficult to find work. He said he hopes to start his own business managing musicians. “This day is a new turning point for me ... I can basically start over.” he said. “It’s raining outside, but it’s tears of joy.”"
https://www.thestar.com/news/investigations/2018/10/02/what-happened-to-oneil-blackett-is-a-tragedy-judge-says-in-wrongful-conviction-case.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/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;
