Tuesday, March 2, 2021

Bulletin: Alek Minassian; Ontario: Yonge Street Van attack; (Autism spectrum disorder): Judge to rule on his state of mind tomorrow (Wednesday March 3) in a live-streamed hearing. The Toronto Star. Reporter Alyshah Hasham..."It is the first time in Canada that autism spectrum disorder alone — with no co-occurring disorders — has been used as a basis for a not criminally responsible defence. The trial heard evidence that no autistic person is the same, and that the disorder can manifest in very different ways. Justice Molloy has to determine if Minassian’s manifestation of autism spectrum disorder (ASD) meets the criteria to be considered a mental disorder for the purpose of a not criminally responsible defence — the Crown has argued it does not. "


GIST: "During a six-week trial held over Zoom late last year, Minassian’s lawyers argued he is not criminally responsible due to a mental disorder, specifically autism spectrum disorder.  It is the first time in Canada that autism spectrum disorder alone — with no co-occurring disorders — has been used as a basis for a not criminally responsible defence. The trial heard evidence that no autistic person is the same, and that the disorder can manifest in very different ways.  Justice Molloy has to determine if Minassian’s manifestation of autism spectrum disorder (ASD) meets the criteria to be considered a mental disorder for the purpose of a not criminally responsible defence — the Crown has argued it does not. If she decides it does, she would then determine whether he knew what he was doing was morally wrong."

 The entire story can be read at:

https://www.thestar.com/news/gta/2021/03/02/this-is-not-a-clear-cut-case-judge-set-to-rule-on-alek-minassians-state-of-mind-in-livestreamed-yonge-st-van-attack-verdict.html?source=newsletter&utm_content=a03&utm_source=ts_nl&utm_medium=email&utm_email=B06CE11218FAE36A81180C431CF6E0DA&utm_campaign=teve_47272

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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FINAL, FINAL WORD (FOR NOW!): "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;