JOHN O'TOOLE CASE: PART TWO; LOCAL PAPER'S INTERVIEW WITH JOHN O'TOOLE: LAWYER CALLS FOR REVIEW OF " SIMILAR SHAKING" CASES;

"THE 29-YEAR-OLD HAS ALWAYS TOLD THE POLICE HIS SON FELL FROM A SOFA ON TO THE FLOOR OF HIS LIVING ROOM;

BUT HOURS AFTER CAMERON'S DEATH HE WAS ARRESTED AND ACCUSED BY POLICE OF SHAKING THE CHILD SO VIOLENTLY THAT BLOOD VESSELS IN THE BRAIN RUPTURED;

SPEAKING EXCLUSIVELY TO THE CITIZEN JOHN SAID: "TO LOSE A CHILD IS THE WORSE NIGHTMARE FOR ANY PARENT. BUT TO THEN BE ACCUSED OF KILLING THE SON YOU LOVED SO MUCH IS JUST TO AWFUL FOR WORDS."

REPORTER SALLY MURRER: THE MILTON KEYNES CITIZEN;

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Reporter Sally Murrer's exclusive interview with John O'Toole, following the rendering of the not guilty verdict, ran in the Milton Keynes Citizen on Thursday June 11, 2009, under the heading: "dad finally cleared of his baby's death," and a sub-heading: "three years of hell for father accused of manslaughter;"

"A doting dad accused of killing his own baby son has told of his three years of hell to fight for the truth," the story began

"In a landmark victory John O'Toole was cleared Tuesday of the manslaughter of 11-month-old Cameron after the prosecutor admitted the little boy's death may have been an accident," it continued;

"The 29-year-old has always told the police his son fell from a sofa on to the floor of his living room;

But hours after Cameron's death he was arrested and accused by police of shaking the child so violently that blood vessels in the brain ruptured;

Speaking exclusively to the Citizen John said: "To lose a child is the worse nightmare for any parent. But to then be accused of killing the son you loved so much is just to awful for words.

Cameron, who died in 2006, showed no other signs of injury or abuse; He was, said John, a "happpy, lovable boy" who always had a cheeky grin;

He had ledt his son standing by the sofa while he went into the kitchen to get his bedtime bottle;

"When I got back in the lounge Cameron was on the floor semi-conscious. He must have climbed on the sofa and fallen."

The tot was rushed to hospital but his lfe support machine was switched off the following morning, said John, who's relationship with Cameron's mom crumbled under the strain.

The Tesco worker who lives in at Shenley Church End, was defended by Bletchley's Woodfines Solicitors. His lawyer David Endersby recruited an American expert in bio-mechanics to prove Cameron's fatal injury could have been caused by a short distance fall.

On Tuesday prosecutor Yvonne Coen QC told Luton Crown Court: The Crown is satsfied that there is now no longer a realistic prosect of a conviction and cannot exclude the possibility that this was an accident;"

Judge John Bevan QC ordered a not guilty verdict to be recorded;

Afterwards Mr. Endersby told the Citizen: "This is a ground-breaking case with far-reaching implications;"

"Any similar "shaking" cases should now be reviewed in the light of the advances made in the science of bio-mechanics," he added;

John said: "I've been through hell and back. I will always miss Cameron but now perhaps I can finally start to put the past behind me.""

Harold Levy...hlevy15@gmail.com;

THE JOHN O'TOOLE CASE: PART ONE; ANOTHER BRITISH "SHAKEN BABY SYNDROME" TRAVESTY; MANSLAUGHTER CHARGE DROPPED AFTER THREE YEARS;

"SHE (PROSECUTOR YVONNE COEN) SAID IT WAS INITIALLY THOUGHT THE LITTLE BOY MAY HAVE BEEN SHAKEN, BUT MR O'TOOLE SAID HE HAD FALLEN FROM A SOFA ONTO A CARPET.

AN EMINENT US EXPERT IN BIOMECHANICS HAS RECREATED VARIOUS SCENARIOS AND CONCLUDED BLOOD VESSELS COULD HAVE BEEN RUPTURED IN A "SHORT DISTANCE FALL".

MISS COEN SAID: "THE CROWN ARE SATISFIED THAT NOW THERE IS NO LONGER A REALISTIC PROSPECT OF A CONVICTION AND CANNOT EXCLUDE THE POSSIBILITY THAT THIS WAS AN ACCIDENT."

THE BBC NEWS;
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It's a list that no one would ever want to be on;

Innocent, loving parents and caregivers charged with taking a child's life - arrested, seized by the State from their families, arrested, jailed, and stigmatized - on the basis of ignorant police, prosecutors, and judges who suspend their normal skepticism to buy into unproven science and and the opinions delivered by supposedly infallible experts replete with their impressive C'V's.

Suzanne Holdsworth, Keran Henderson, Anne-Marie Rooney and now John O'Toole;

The latest chapter in the O'toole story was told by BBC News on June 9 in an article which appeared under the heading "Man cleared of killing young son."

"A father who was charged with the manslaughter of his 11-month-old son who died three years ago has been told the prosecution has been dropped," the article begins;

"John O'Toole, 29, of Milton Keynes, had been charged over the death of Cameron O'Toole in January 2006," the article continues.

"He had been due to stand trial at Luton Crown Court last October, but the case was postponed for more expert evidence.

Prosecutor Yvonne Coen QC told the court: "It has been decided not to proceed with this prosecution."

'Short distance fall'

She said it was initially thought the little boy may have been shaken, but Mr O'Toole said he had fallen from a sofa onto a carpet.

An eminent US expert in biomechanics has recreated various scenarios and concluded blood vessels could have been ruptured in a "short distance fall".

Miss Coen said: "The Crown are satisfied that now there is no longer a realistic prospect of a conviction and cannot exclude the possibility that this was an accident."

Judge John Bevan QC said: "These cases are notoriously difficult. The prosecution cannot safely prove guilt."

He ordered a not guilty verdict to be recorded.

Mr O'Toole, who was not present in court, had been informed earlier about the decision."

Harold Levy...hlevy15@gmail.com;