BACKGROUND: (Post: July 7, 2024) Headnote: "Dr. Brian Nadler: Major (Welcome) Development: Ontario: On trial on four first-degree murder charges and four counts of criminal negligence causing death, he has been acquitted after his lawyer (Brian Greenspan) successfully argued that the Crown's expert witness was not properly qualified to speak to issues 'that were central to this case, namely the cause of death,' The Ottawa Citizen (Reporters Marlo Glass and Aedan Helmer) reports…"Greenspan said the acquittal was “a day of vindication,” for Nadler, and an unprecedented outcome in his 50 years of practising law. Greenspan successfully argued the Crown’s prospective expert witness was not properly qualified to speak to issues “that were central to this case, namely the cause of death,” he told reporters. The Crown’s expert witness was a hematologist, who diagnoses, manages and treats blood disorders. “Not a pathologist, not a toxicologist, but a hematologist,” Greenspan said.
https://draft.blogger.com/blog/post/edit/preview/120008354894645705/1721629102737237063
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PASSAGE OF THE DAY: "According to the Notice of Appeal filed by the Crown with the Court of Appeal on July 30, the grounds for the appeal are that a previous judge had erred by excluding or limiting evidence, and also erred by admitting certain evidence from experts representing the defence."
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STORY: "The Crown is appealing the acquittal of Dr. Brian Nadler," The Review (Hawkesbury) reports.
GIST: "On July 2, Nadler was acquitted on four charges of First-Degree Murder and four counts of Criminal Negligence Causing Death in connection with the deaths of four patients at Hawkesbury and District General Hospital in 2021.
On July 30, the Crown Attorney’s Office announced it will appeal the acquittal to the Ontario Court of Appeal, the highest court in the Province of Ontario.
Nadler, 38, was initially charged with First-Degree murder in March 2021 in connection with the death of 89-year-old HGH patient Albert Poidinger. Police later laid three additional charges of First-Degree murder connected to the deaths of 80-year-old Claire Brière, 79-year-old Lorraine Lalande and 93-year-old Judith Lungulescu. Each had also been patients at HGH.
The pre-trial judge had decided to make certain evidence inadmissible, which made the crown unable to further prosecute the case, and resulted in the acquittal.
According to the Notice of Appeal filed by the Crown with the Court of Appeal on July 30, the grounds for the appeal are that a previous judge had erred by excluding or limiting evidence, and also erred by admitting certain evidence from experts representing the defence.
Nadler’s lawyer, Brian Greenspan, said every effort will be made to defend his client when the appeal is heard.
“In our view the appeal is without merit and we look forward to the opportunity to respond in the Court of Appeal,” Greenspan said.
Ontario Court of Appeal cases are heard in Toronto. Pre-trial proceedings in Nadler’s previous trial took place through the courthouse in L’Orignal, but the trial itself was held in Ottawa.
Nadler, along with his mother and sister, are also suing HGH for $20 million in damages for alleged defamation, abuse of process, and conspiracy, accusing HGH staff of making an abrupt, erroneous and defamatory decision to involve police, which resulted in Nadler being arrested and charged in 2021."
The entire post can be read at:
https://thereview.ca/2024/08/01/crown-appeals-nadler-acquittal/
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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.
- SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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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: "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;