PUBLISHER'S NOTE: One of the lessons I learned from The Charles Smith saga is that prosecutors hate to reveal evidence that a pathologist who worked for the government on criminal cases has botched a case - or worse, has a pattern of botching cases whether inadvertently, through incompetence, or deliberately in order to make sure the police and prosecutors get their charge, the evidence they want and convictions. Their biggest fear is that once one case is revealed, defence lawyers and judges will start doing their jobs, and more and more and more cases will be opened up and exposed to appeal. Even worse than that, this may lead to an inquiry - possibly a public inquiry - and all of this will be exposed. (As it damn well should be). That's exactly what happened in Ontario and South Australia with respect to Charles Smith and Colin Manock respectively. So, here, it seems, we go again. I will be following developments closely - and, as usual, reporting them on this Blog.
Harold Levy: Publisher: The Charles Smith Blog.
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PASSAGE OF THE DAY: "The panel of American pathologists examined the findings of 14 investigations conducted by Matshes, including 13 that involved death, determining his conclusions were “unreasonable” in all but one. The findings of the panel could have later exonerated those already serving sentences, having been convicted for crimes involving deaths that were deemed homicides. But an investigation earlier this month by CBC’s The Fifth Estate found that the report wasn’t shared with the relevant parties. In a number of those cases, the defendants said they pleaded guilty to lesser charges, leading to incarceration, having felt the evidence of Matshes’ autopsy results would surely mean a guilty verdict for the more serious offence of second-degree murder."
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PASSAGE TWO OF THE DAY: "During his stay in Calgary, Matshes conducted 426 death investigations, including 262 autopsies and 164 external exams in just over a year. He left his position in September 2011 for reasons unrelated to the peer review, according to the province. His work later came under the microscope after an insurance company raised concern about an accidental death finding. He has disputed the validity of findings that questioned his work, saying in some cases the three U.S. pathologists who conducted the 2012 peer review didn’t have the complete or proper file. "
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STORY: "Justice minister orders review into whether prosecutors disclosed autopsy concerns to defendants," by reporter Sammy Hudes, published by The Calgary Herald on January 31, 2020. (Sammy Hudes is a reporter for the Calgary Herald and Calgary Sun. He previously reported for the Toronto Star, The Globe and Mail, National Post, Ottawa Citizen and The Jerusalem Post.)
GIST: In 2012, a
three-member panel of pathologists conducted a review of findings by Dr.
Evan Matshes, a forensic pathologist who spent 13 months working at the
Calgary medical examiner’s office starting in 2010. The panel of
American pathologists examined the findings of 14 investigations
conducted by Matshes, including 13 that involved death, determining his
conclusions were “unreasonable” in all but one. The findings of
the panel could have later exonerated those already serving sentences,
having been convicted for crimes involving deaths that were deemed
homicides. But an investigation earlier this month by CBC’s The Fifth
Estate found that the report wasn’t shared with the relevant parties. In
a number of those cases, the defendants said they pleaded guilty to
lesser charges, leading to incarceration, having felt the evidence of
Matshes’ autopsy results would surely mean a guilty verdict for the more
serious offence of second-degree murder. Now, Schweitzer wants to
know whether the Alberta Crown Prosecution Service did, in fact, fail
to provide adequate disclosure to defence lawyers and their clients,
senior Alberta Justice sources told Postmedia. “I am concerned with allegations related to a former medical
examiner’s findings from 2010 to 2011 and have directed my officials to
retain external counsel to review steps taken by the Alberta Crown
Prosecution Service regarding matters involving this medical examiner,”
Schweitzer said in an emailed statement on Thursday. Schweitzer’s
press secretary Jonah Mozeson said details surrounding the scope of the
review will be finalized in the coming days and then be made available
to the public. “In his capacity as Minister of Justice, Minister
Schweitzer takes any concern about a lack of faith in the justice system
very seriously,” Mozeson said in an email. “After a number of briefings
on the matter, he felt it was necessary to ensure the matter was
reviewed more thoroughly.” It’s not clear at this time how long
the probe will take. Asked if the province planned to speak with
relevant defence lawyers, judges, or even Matshes himself, Mozeson said
“the government will not limit who the external counsel can approach”
during the review. “Our democracy is grounded on public faith in
the administration of justice. As Minister of Justice, I want Albertans
to know that we take our responsibility as a government seriously and
ensure that we take steps to resolve any potential injustice,”
Schweitzer stated. “I have instructed the Alberta Crown Prosecution Service to offer their full cooperation to the external counsel.” Eric
Tolppanen, assistant deputy minister of the Alberta Crown Prosecution
Service, previously told CBC he was confident prosecutors had properly
disclosed necessary information to defence lawyers. Tolppanen
“welcomes this review and fully supports it, including providing full
cooperation to the external counsel,” Alberta Justice spokesman Dan
Laville said in an email to Postmedia on Thursday, following a request
to Tolppanen for comment." During his stay in Calgary, Matshes conducted 426 death investigations, including 262 autopsies and 164 external exams in just over a year. He left his position in September 2011 for reasons unrelated to the peer review, according to the province. His work later came under the microscope after an insurance company raised concern about an accidental death finding. He
has disputed the validity of findings that questioned his work, saying
in some cases the three U.S. pathologists who conducted the 2012 peer
review didn’t have the complete or proper file. A Court of Queen’s Bench judge, ruling the process used to investigate Matshes was unfair, later quashed the panel’s findings. “What
transpired breached the duty of procedural fairness to be accorded to
Dr. Matshes and strayed into a process… to be directed at Dr. Matshes’s
reputation and employability rather than any, and I use this next word
intentionally, demonstrated purpose for the administration of justice
within Alberta,” Justice Paul Jeffrey stated in 2013. In
a statement to Postmedia, Matshes also pointed out that the College of
Physicians and Surgeons of Alberta reviewed the same cases prior to the
peer review panel, concluding his work met the standard of care. “This
disparity makes clear the necessity to ensure that during any review of
a forensic pathologist’s work, reviewers are given ample time to review
at least the same dataset as that from which the original pathologist
operated,” he said. “It should go without saying that reviewers should
have the opportunity to ask the original pathologist questions, and to
bring clarity.” Last year, the Texas Medical Board cleared Matshes of
wrongdoing, along with fellow former Calgary medical examiner Dr. Sam
Andrews, in an autopsy that sparked accusations against the pair of
inappropriately harvesting organs from a deceased child without the
consent of families. Matshes said the decision was further vindication their work had been professional and proper. He remains embroiled in a $30-million lawsuit, filed in 2014,
against both the Alberta government and former Alberta chief medical
examiner Dr. Anny Sauvageau, charging both with conspiring to ruin his
career by spreading false information about him."
https://calgaryherald.com/news/politics/justice-minister-orders-review-into-whether-prosecutors-disclosed-autopsy-concerns-to-defendants
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See the entire CBC Fifth Estate documentaries into alleged concealment of the report at the links below: "An autopsy tells the story of the dead, but can also determine the future of the living, especially in criminal cases. Concerns raised about autopsy findings in some cases in Alberta prompted the provincial justice department to commission an expert panel to conduct a review. The Fifth Estate has discovered that review led to questions about autopsy findings used in some murder cases, including whether there were even any murders at all. The answers may have changed the outcome for people sent to prison and led to possible miscarriages of justice. But no one appears to have told the people most affected. What was the role of the Alberta Ministry of Justice? -
Part One: (The autopsy: What if justice got it wrong? "
https://www.youtube.com/watch?v=-lTldgjb8tw
Part Two:"Eight years ago, a review of autopsies signalled to Alberta's Ministry of Justice that it had a big problem on its hands. In Part 1 of The Autopsy, The Fifth Estate revealed how an expert pathologist review shook the foundations of murder cases in Alberta and that the provincial government kept that information secret for nearly a decade. In Part 2, The Fifth Estate tells the inside story of how senior Alberta government officials ultimately abandoned their probe into miscarriages of justice while prisoners were left to serve out their time. The months-long investigation reveals additional questionable cases that Alberta Justice kept under wraps and examines who knew what and when."
https://www.youtube.com/watch?v=aWdhKCwCJdE
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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;
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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