Another alarm bell: Tuesday February 26; Cairns DNA;

MR. PETER WARDLE: Now, if we could just
14 look at the email from Elizabeth Quinlan that's in the
15 middle of the page and, first of all, perhaps you could
16 tell us who Elizabeth Quinlan was. I'm assuming she was
17 a Crown.
18 Do you know in what jurisdiction?
19 MR. JUSTICE JOHN MCMAHON: I believe she
20 was in Barrie. I don't know the lady directly, because
21 there's about nine hundred (900) Crown attorneys, but --
22 and I'm cheating somewhat, but I -- I believe that in any
23 event, but I see at the ba -- bottom there it even tells
24 you that she's with that office.
25 MR. PETER WARDLE: So I wanted to just


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61
1 take you through the body of this email, if we may. The
2 email indicates that Ms. Quinlan had prosecuted Roy
3 Simmons (phonetic) on a charge of manslaughter in which
4 Dr. Charles Smith was a witness.
5 The prosecution began in 1994, and I
6 believe -- and she says in the email:
7 "I believe in 1997 or early 1998, we
8 were advised that Dr. Smith had mixed
9 up samples from the post-mortem that
10 were subsequently used in DNA testing."
11 And then it goes on to say:
12 "To give you some background, Simmons
13 was charged in 1994 with killing his 3-
14 month-old grandson. It was believed
15 that he was also the father of the
16 baby. DNA tests were done to confirm
17 this; however, the tests [and I'm
18 assuming that's the initial tests] show
19 that not only was Simmons not the
20 father of the baby, he was not the
21 grandfather of the baby or the father
22 of the child -- baby's mother.
23 Although the maternal grandmother was
24 adamant that Simmons was the father of
25 the baby's mother, we were assured by


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62
1 CS -- CFS of the accuracy of the
2 results of the test."
3 And then you'll see it goes on to say:
4 "Simmons was convicted of manslaughter
5 in October 1995. The Ontario Court of
6 Appeal ordered a retrial on an
7 unrelated issue. Before the retrial,
8 the baby's mother advised the police
9 that the information she had given to
10 them about the paternity of the baby
11 was false. She confirmed that Simmons
12 was the father of the baby. DNA
13 testing was redone using a sample from
14 the mother and another sample from the
15 baby. These second tests confirmed
16 that Simmons was the father and
17 grandfather of the baby, and of course,
18 the father of the baby's mother."
19 And it's really the last paragraph I
20 wanted to direct you to:
21 "An investigation was undertaken
22 regarding the mixing up of the original
23 sample. A meeting was held with Dr.
24 Jim Cairns, Dr. Smith, CFS personnel,
25 the investigating officer, Detective


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63
1 Constable Dave Fawcette, Detective
2 Inspector Ken Smith, and myself."
3 And -- and just stopping there. It would
4 appear from the chronology that this would be -- it
5 doesn't say when this meeting took place, but I'm
6 assuming from what's in this email, that it must have
7 been somewhere between 1996 and 1998.
8 MR. JUSTICE JOHN MCMAHON: It would make
9 sense.
10 MR. PETER WARDLE: And then it says:
11 "Dr. Charles Smith explained at that
12 meeting that he had mislabeled the
13 original sample from the baby taken at
14 the post-mortem and had taken the wrong
15 sample to CFS for DNA testing. This
16 resulted in the initial incorrect
17 result as to the paternity of the
18 baby."
19 And then it goes on to say:
20 "Simmons was convicted in 1999. After
21 the retrial on the charge of
22 manslaughter, he pleaded guilty to
23 incest."
24 And I'm really just highlighting this for
25 you, sir, because we've heard a lot of evidence about


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64
1 what the Coroner's Office knew or didn't know about
2 issues relating to Dr. Smith's competence in the -- in
3 the late 1990's.
4 And -- and this would certainly suggest
5 that Dr. Cairns, at least, was aware of one (1) incident
6 involving a mixing up of a sample, which appears to have
7 had some impact on an ongoing criminal prosecution, is
8 that fair?
9 MR. JUSTICE JOHN MCMAHON: Absolutely, it
10 would be fair based on that -- what Ms. Quinlan's
11 recollection is.

Smith Sues Health Board That Fired Him: Part One;

"IN HIS SUIT, SMITH IS ASKING THE HEALTH REGION FOR DAMAGES, INCLUDING LOSS OF SALARY, EMPLOYMENT BENEFITS, STIPENDS, PROFESSIONAL STATURE AND EMOTIONAL STRESS. HE'S ALSO CLAIMING DAMAGES "EXCEEDING $50,000.""

JANET FRENCH: SASKATOON STARPHOENIX;

-------------------------------------------------------------------------------------

The Saskatoon StarPhoenix reports that Dr. Charles Smith has sued the Saskatoon Regional Health Authority for wrongful dismissal.

As Janet French reports, the lawsuit follows a 2006 ruling by a tribunal that Smith had been treated unfairly when a one-year contract had been cut short.

The tribunal's decision will be reported in the next posting of the Blog:

For now, here is the StarPhoenix story - dated February 21, 2008;

SASKATOON -- Disgraced forensic pathologist Dr. Charles Smith -- whose faulty testimony landed many innocent people in jail in Ontario, and at least one person on death row in the U.S. -- is suing the Saskatoon Regional Health Authority for wrongful dismissal.

The suit comes in the wake of a 2006 tribunal that ruled the regional health authority was "unfair, unreasonable, and wrong" when it denied Dr. Smith hospital privileges in Saskatoon, cutting short a one-year contract to work as a surgical pathologist at Saskatoon City Hospital.

"There was no just cause for the dismissal of the plaintiff, nor has reasonable notice been provided, nor has the plaintiff been paid in lieu of reasonable notice," says Dr. Smith's statement of claim, filed in Saskatchewan's Court of Queen's Bench on Dec. 20.

Saskatoon lawyer Gary Bainbridge filed the suit while a public inquiry in Ontario was investigating Dr. Smith's questionable conclusions during his 20-year career as Ontario's top pediatric forensic pathologist .

Last month at the inquiry, Dr. Smith apologized repeatedly for his conduct over the years, saying he had "woefully inadequate" training in child forensic pathology when he began doing autopsies on children who had died suspiciously.

He admitted he had sloppy work habits and procrastinated, that he contributed to a miscarriage of justice, that he fabricated a tale about a judge who disagreed with his conclusions, and that when he testified as an expert witness, he thought he was supposed to be on the Crown's side, not an independent scientist.

A review of Dr. Smith's work, which prompted the inquiry, found Dr. Smith made significant errors in 20 of 45 suspicious child deaths he helped investigate between 1991 and 2001. In 12 of those cases, people were criminally convicted.

Dr. Smith also testified at a U.S. child-murder trial that ended with the conviction of the victim's father and a recommendation the man be put to death.

Dr. Smith suggested at the Ohio trial of Christopher Fuller that two-year-old Randi Fuller had been suffocated, most likely by someone putting pressure on her neck or chest. Though the jury urged in 2000 that Mr. Fuller be executed, the judge cited mitigating factors and imposed a sentence of life in prison.

When scrutiny of Dr, Smith's work intensified in 2005, he left Toronto's Hospital for Sick Children and began a one-year contract in Saskatoon as a surgical pathologist in September of that year. However, when it came time for the Saskatoon Health Region's board to approve his hospital privileges -- a process that's usually a rubber stamp -- the board said no.

With no hospital privileges, the health region terminated his contract in December 2005.

Dr. Smith appealed the board's decision to a rarely-used provincial tribunal, and in November 2006 the tribunal ruled the regional health authority made a mistake by denying Smith privileges.

The tribunal said it would have ordered the health region to reinstate Dr. Smith's hospital privileges, but his licence had expired and he couldn't then legally practise medicine in Saskatchewan.

Bryan Salte, associate registrar with the College of Physicians and Surgeons of Saskatchewan, said Dr. Smith re-applied for his Saskatchewan licence, which was granted from February to December 2007. The licence included a condition that he not practise forensic pathology, Mr. Salte said.

Right now, Dr. Smith is paying $300 a year for an "inactive" licence in Saskatchewan, meaning he can apply to have his licence reinstated with less paperwork than starting from scratch.

James Winkel, a spokesman with the Saskatoon Health Region, says Dr. Smith has since applied for two job postings for anatomic pathologists in Saskatoon. He did not get either job, and the positions were filled by other candidates, Mr. Winkel said.

"He's a pediatric pathologist, so the qualifications didn't fit the positions," he said.

Evert van Olst, legal counsel for the health region, said he could not comment on Dr. Smith's suit because the region has not yet been served with a statement of claim.

"This is the first I've heard about it," Mr. van Olst said. "I'm assuming that he issued it out of some kind of abundance of caution, and maybe doesn't have an intention of serving it."

The tribunal never gave the health region a solution to deal with Dr. Smith's "unfair" treatment, Mr. van Olst added.

"Obviously, Dr. Smith has been very much otherwise engaged, so he could not be able to provide services in any event," he added.

Dr. Smith could not be reached for comment, nor could his lawyer, Mr. Bainbridge.

Saskatoon StarPhoenix

Harold Levy: hlevy15@gmail.com;

Dr. Smith's CV: Part One: January 18, 2002;

After a brief break, this Blog returns with a bonus for our readers: Dr. Charles Smith's Curriculum Vitae.

The C.V., dated January 18, 2002, was prepared for use in court.

There was therefore an expectation on Dr. Smith's part that it would be introduced into evidence at the hearing in which the Crown sought to have him qualified as an expert.

I will refrain from laying out my thoughts on Dr. Smith's C.V. until part two of this mini-series.

In the meantime, I invite our readers to peruse it and send in their thoughts on the C.V. in the context of what we have learned about Dr. Smith's expertise at the Goudge Inquiry.

CURRICULUM VITAE: CHARLES RANDAL SMITH DIVISION OF PATHOLOGY IN THE DEPARTMENT OF PEDIATRIC LABORATORY MEDICINE OF THE HOSPITAL FOR SICK CHILDREN DEPARTMENT OF LABORATORY MEDICINE AND PATHOLOGY OF THE UNIVERSITY OF TORONTO

I. BIOGRAPHICAL INFORMATION:
a)Name: Charles Randal Smith;

b)Date CV prepared: 18 January 2002;

c)Office address: Division of Pathology;
The Hospital for Sick Children,
555 University Avenue;
Toronto, Ontario M5G 1X8;

d)Office telephone: (416) 813-5962 (voice); 416) 813-5974 (FAX);

e) Internet address: crsmith©sickkids.ca;

h) Date of birth: 22 May 1950;

i) Marital status: Married with two children;

j) Name of spouse: Karen Leta Smith, MD;

k) Social Insurance No. 000 000 000; (withheld by Blog);

II. EDUCATION:

a)Premedical: University of Saskatchewan;

b)Medical school: University of Saskatchewan;

c) Degrees/diplomas:

Doctor of Medicine 1975;

Licentiate of Medical Council of Canada 1979;

Fellow of Royal College of Physicians of Canada 1980;

Diplomate of American Board of Pathology:

in Anatomic Pathology 1980

in Pediatric Pathology 1999

d) Licensures held: College of Physicians and Surgeons of Ontario: 1980; General license: GL 31811;

III. EMPLOYMENT:

a) Present appointments:
Associate Professor, University of Toronto(1996) Medical Staff, the Hospital for Sick Children, (1981) Director, Ontario Pediatric Forensic Pathology Unit, (1992)Coroner's Pathologist for the Province of Ontario; (1981);

b) Previous appointments;
Lecturer, University of Toronto; (1981 - 1984);
Assistant Professor, University of Toronto; (1984 - 1996);

c) Cross appointments; None;

D) Date Tenure awarded; Not applicable;

e) Clinical experience;

Resident in Surgery, University of Saskatchewan; (1975 - 1976)
Resident in Pathology, University of Saskatchewan; (1976 - 1978);
Resident in Pathology, University of Toronto; (1978 - 1980);

f) Research experience; Research Assistant, The Hospital for Sick Children; (1980 - 1981);

IV: HONOURS/AWARDS:

Emmanuel Farber Award for Department of Pathology 1981;

Resident Research: University of Toronto;

J. B. Walter Award for teacher of the year: Department of Pathology; University of Toronto; 1989;

Dental Student Society Award for teacher of the year: Faculty of Dentistry; University of Toronto; 1994;

V.
PROFESSIONAL AFFILIATIONS AND ACTIVITIES:

Fellow Royal College of Physicians and Surgeons of Canada;

Fellow College of American Pathologists;

Member American Academy of Forensic Sciences;

Editorial boards: None;

Reviewer for journals: None;

Committee memberships:
i) Provincial/national:
Canadian Association of Pathologists
Member of Continuing Education Committee 1984 - 1989;

Chairman of Residency Training Committee 1986 - 1988;

Member of Governing Council 1986 - 1988;

Royal College of Physicians and Surgeons of Canada
Member of Test Committee in Laboratory Medicine 1988 - 1992;

Member of Specialty Committee in Anatomic Pathology 1987 - 1988

Member of Specialty Committee in General Pathology 1987 - 1988

Member of Specialty Committee in Laboratory Medicine 1987 - 1988;

ii) Local
Ministry of the Solicitor General of the Province of Ontario
Member of Pediatric Review Committee 1988 -;

Member of Obstetrical Care Review Committee 1994 - 1997;

Member of Special Review Committee into Brantwood 1990 - 1991
iii.) and Christopher Robin Children's Homes;

Hospital and University:

The Hospital for Sick Children
Member of Mortality Review Committee 1984 - 1993;

Chairman of Diagnostic Laboratories Computer Committee 1988 - 1990;

Member of Clinical Computer Advisory Committee 1984 - 1987;

Member of MIS Steering Committee 1987 - 1989;

Member of Research Computer Advisory Committee 1984 - 1987;

Member of Medical Quality Assurance Committee 1983 - 1986
1991 - 1993;

Member of Quality Management Committee 1995 - 1997;

University of Toronto - Department of Pathology;

Member of Long Range Planning Committee 1988 - 1991;

Chairman of Residency Training Committee 1985 - 1989;

Member of Residency Training Committee 1978 - 1980
1989 - 1995;

Member of Human Resources Committee 1990 - 1997;

Member of Executive Committee 1985 - 1989;

Member of Committee for Education in Pathology 1985 - 1989
1992 - 1995;

University of Toronto - Faculty of Medicine;

Member of Educational Computing Coordinating Committee 1990 - 1992;

Member of Postgraduate Medical Education Committee 1985 - 1989;

e) Other community activities:

Registered, charitable organizations:

Board of Elders, Summit Community Church 1999 -;

Board of Directors, Leadership Development International 1998 -;

Other non-profit organizations:

Member of Canadian Hereford Association 199I -

Member of Ontario Hereford Association 1991 -

Member of Ontario Federation of Agriculture 1994 -

Member of Ontario Cattlemen's Association 1998 -

Leader, York Region of 4-H Canada 1999;

VI. ACADEMIC HISTORY:
a) Research endeavours:
In addition to projects of relevance to the practice of pediatric pathology and clinical pediatrics, my main area of interest is pediatric forensic pathology.

b) Research awards:
1982 -- 1984 Ontario Cancer Treatment and Research Foundation Intermediate filaments as markers in pediatric malignancies. R. Baumal, H. Yeger, C.R. Smith, M.J. Phillips;

National Cancer Institute of Canada
Nephroblastoma- a model for the investigation of tumor differentiation. M.J. Phillips, R. Baumal, H. Yeger, C.R. Smith;

Medical Research Council
IBAS II Automatic Image Analyzer (Equipment grant) M.J. Phillips, C.R. Smith, M. Rabinovitch;

National Cancer Institute of Canada Renewal of Nephroblastoma grant.
M.J. Phillips, R. Baumal, H. Yeger, C.R. Smith;

c) Other grants: In 1991, the Ministry of the Solicitor General of the Province of Ontario created the Ontario Pediatric Forensic Pathology Unit, of which I am the Director. Each year, the work of this Unit is supported by a grant for $200,000;

I was a member of an international team investigating the Spanish influenza epidemic of 1918-19. In 1997, research funding for this work was received from the National Institutes of Health (US $150,000) and from Roche UK (£ 100,000).

d) Visiting professorships 1996 University of Manitoba

e) Patents awarded: None;

VII. SCHOLARLY WORK AND CREATIVE PROFESSIONAL WRITING:

a) Refereed publications:

i) Articles:

1. Berry MP, Smith CR, Brown TC, Jenkin RDT, Rider WT. Nasopharyngeal carcinoma in the young.
Int J Rad Oncol Biol Phys 1980; 6: 415-421.

2. Hoag GN, Franks CR, Smith C, DeCouteau WE.
Creatine kinase isoenzyme patterns in normal smooth muscle and smooth muscle neoplasms.
Clin Biochem 1980; 13: 149-150.

3. Balaton J, Hoag GN, Franks CR, Smith CR, DeCouteau WE. Creatine kinase isoenzyme patterns in neoplasms of peripheral nerve. Clin Chem 1980; 26: 1888-1889.

4. Smith CR, Chan H, deSa DJ. Placental involvement in congenital neuroblastorna. J Clin Path 1981; 34: 785-789.

5. Prober CG, Smith CR, Middleton PJ, Silver MM. Fever in a newborn (clinical conference). Can Med Assoc J 1982; 127: 1085-1090.

6. Phillips MJ, Oshio C, Miyairi M, Katz H. Smith CR. A study of bile canalicular contractions in isolated hepatocytes. Hepatology 1982; 2: 763-768.

7. Phillips MJ, Oshio C, Miyairi M, Smith CR.
Intrahepatic cholestasis as a canalicular motility disorder: evidence using cytochalasin.
Lab Invest 1983; 48: 205-211.

8. Phillips MJ, Oshio C, Miyairi M. Watanabe S, Smith CR. What is actin doing in the liver cell? Hepatology 1983; 3: 433-436.

9. Khan H, Yeger H, Kassim 0, Jorgensen Al, MacLennan DJ, Baumal R. Smith CR, Phillips MJ.
Ir rnunohistochemical and electron microscopic assessment of childhood rhabdomyosarcoma: increased frequency of diagnosis over routine histological methods. Cancer 1983; 51: 1897-1903.

10. Watanabe S, Miyairi M, Oshio C, Smith CR, Phillips MJ.
Phalloidin alters bile canalicular contractility in primary monolayer cultures of rat liver.
Gastroenterology 1983; 85: 245-253.

11. O'Sullivan P, Daneman A, Chan HSL, Smith. C, Robey G, Fitz C, Martin DJ. Extragonadal endodermal sinus tumors in children: a review of 24 cases. Pediatr Radiol 1983; 13: 249-257.

12. Murphy JP, Filler RM, Muraji T, Bahoric A, Kent G, Smith C. Effect of the prosthetic airway splint on growing trachea. J Pediatr Surg 1983; 18: 872-878.

13. Ein SH, Muraji T, Murphy P, Almal.ld T, Kent G, Smith C, Bahoric A, Filler RM. Tracheal reconstruction with vascularized muscle supported by an external splint. Surg Forum 1983; 34: 575-577.

14. Prober CG, Whyte J, Smith CR. Open lung biopsy in immunocompromised children with pulmonary infiltrates. Am J Dis Child 1984; 138: 60-63.

15. Miyairi M, Oshio C, Watanabe S, Smith CR, Yousef IM, Phillips MJ. Taurocholate accelerates bile canalicular contractions in isolated rat hepatocytes. Gastroenterology 1984; 87: 788-792.

16. Donoghue V, Daneman A, Krajbich I, Smith CR. CT appearance of sacroiliac joint trauma in children. J Comput Assist Tomogr 1985; 9: 352-356.

17. Durie PR, Gaskin KJ, Ogilvie JE, Smith CR, Forstner GG, Largman C. Serial alterations in the forms of immunoreactive pancreatic cationic trypsin in plasma from patients with acute pancreatitis.
J Pediatr Gastroenterol Nutr 1985; 4:199-207.

18. Oshio C, Miyairi M, Watanabe S, Smith CR, Phillips MJ.
Colchicine effect on bile canalicular motility: long-term study using isolated cultured hepatocytes and time-lapse cinephotomicrography.
Liver 1985; 5: 101-107.

19. Chan HSL, Sonley MJ, Moes CAF, Daneman A, Smith CR, Martin DJ. Primary and secondary tumors of childhood involving the heart, pericardium and great vessels.
Cancer 1985; 56: 825-836.

20. Smith CR, Oshio C, Miyairi M, Katz H, Phillips MJ.
Coordination of the contractile activity of bile canaliculi. Evidence from spontaneous contractions in vitro.
Lab Invest 1985; 53: 270-274.

21. Watanabe S, Smith CR, Phillips MJ.
Coordination of the contractile activity of bile canaliculi. Evidence from calcium microinjection of triplet hepatocytes.
Lab Invest 1985; 53: 275-279.

22. Cohen RC, Filler RM, Konuma K, Bahoric A, Kent G, Smith C. The successful reconstruction of thoracic tracheal defects with free periosteal grafts. J Pediatr Surg 1985; 20: 852-858.

23. Rush PJ, Bernstein BH, Smith CR, Shore A. Chronic arthritis following benign rheumatoid nodules of childhood. Arth Rheum 1985; 28: 1175-1178.

24. David SL, Absalom DR, Smith CR, Gams J, Herbert MA. Effect of low level direct current on in vivo tumor growth in hamsters. Cancer Res 1985; 45: 5625-5631.

25. Laxer RM, Cameron BJ, Chiasson D, Smith CR, Stein LD.
The camptodactyly-arthropathy-pericarditis syndrome: case report and literature review.
Arth Rheum 1986; 29: 439-444.

26. Allen U, Smith CR, Prober CG. The value of skin biopsies in febrile, neutropenic, immunocompromised children. Am J Dis Child 1986; 140: 459-461.

27. Cohen RC, Filler RM, Konuma K, Bahoric A, Smith C. A new model of tracheal stenosis and its repair 'with free periosteal grafts. J Thor Cardiovasc Surg 1986; 92: 296-304.

28. Lichtman S, Hayes G, Stringer DA, Moore D, Blair G, Smith C, Dune PR, Filler R.
Chronic intussusception due to antral myoepithelioma.
J Pediatr Surg 1986; 21: 955-956.

29. Cohen EK, Stringer DA, Smith CR, Daneman A. Hydrops of the gallbladder in typhoid fever as demonstrated by sonography.
J Clin Ultrasound 1986; 14: 633-635.

30. Liu P, Daneman A, Stringer DA, Smith CR.
Computed tomography of hemangiomas and related sot tissue lesions in children.
J Can Assoc Radiol 1986; 37: 248-255.

31. Bohn DJ, Biggar WD, Smith CR, Conn AW, Barker GA.
The influence of hypothermia and barbituate therapy on morbidity and mortality in near-drowning: a clinical and pathological evaluation.
Crit Care Med 1986; 14: 529-534.

32. Peeters MA, Smith C, Saunders EF. Secondary Hodgkin's disease in childhood acute lymphoblastic leukaemia. Med Pediatr Oncol 1986; 14: 230-233.

33. Rush PJ, Shore A, Wilmot D, Smith C. Discoid meniscus presenting as juvenile rheumatoid arthritis.
J Rheumatol 1987; 13: 1173-1177.

0. Campbell AN, Chan HSL, O'Brien A, Smith CR, Becker LE. Malignant tumors in the neonate. Arch Dis Child 1987; 62: 19-23.

1. Vinograd I, Filler RM, England SJ, Smith C, Peonaru D, Bahoric A, Kent G. Tracheomalacia: an experimental animal model for a new surgical approach. J Surg Res 1987; 42: 597-604.

2. Berman L, Stringer DA, St Onge A, Daneman A, Smith C.
Sonographic diagnosis of unilateral hamatocolpos in uterine duplication associated with renal agenesis.
Clin Radiol 1987; 38: 545-547.

3. Loeff DS, Filler RM, Vinograd I, Ein SH, Williams WG, Smith CR, Bahoric A. Congenital tracheal stenosis: a review of 22 patients from 1965 to 1987.
J Pediatr Surg 1988; 23: 744-748.

0. Richardson SE, Karmali MA, Becker LE, Smith CR.
The histopathology of the hemolytic uremic syndrome associated with verocytotoxinproducing Escherichia coli (VTEC) infections.
Hum Pathol 1988: 19: 1102-1108.

1. Hynes B, Cole P, Forte V, Corey B, Smith CR.
The evaluation of intranasal topical beclomethasone spray in the treatment of children with non-purulent rhinitis using rhinometric, cytologic and symptomatologic assessment.
J Otolaryngol 1989; 18: 151-4.

40. Guha A, Tator CH, Smith CR, Piper 1.
Improvement in post-traumatic spinal cord blood flow with a combination of a calcium channel blacker and a vasopressor. -
J Trauma 1989; 29: 1440-7.

41. Byard RW, Jiminez CL, Carpenter BF, Smith CR.
Congenital teratomas of the neck and nasopharynx: a clinical and pathological study of 18 cases.
J Pediatr Child Health 1990; 26:12-6.

42. Dykes EH, Bahoric A, Smith C, Kent G, Filler RM. Reduced tracheal growth after reconstruction with pericardium. J Pediatr Surg 1990; 25: 25-9.

43. Byard RW, Bohn DJ, Wilson G, Smith CR, Efn SH.
Unsuspected diaphragmatic hernia: a potential cause of sudden and unexpected death in infancy and early childhood.
J Pediatr Surg 1990; 25: 1166-8.

44. Qualrnan SJ, Petrie M, Karmali MA, Smith CR, Hamilton SR. Clostridium difficile invasion and toxic circulation in fatal pseudomembranous colitis. Am J Clin Pathos. 1990; 94: 410-6.

45. Byard RW, Keeley FW, Smith CR. Type IV Ehlers-Danlos syndrome presenting as sudden infant death. Am J Clin Pathol. 1990; 93: 579-582.

46. Byard RW, Chan H. Smith CR.
Endodermal sinus tumor of the nasopharynx and its association with previous congenital teratoma.
Pediatr Pathol. 1991; 11: 297-302.

47. Byard RW, Jimenez CL, Carpenter BF, Cutz E, Smith CR.
Four unusual cases of sudden and unexpected cardiovascular death in infancy and childhood.
Med Sci Law. 1991; 31: 157-161.

48. Watanabe N, Tsukada N, Smith CR, Phillips MJ. Motility of bile canaliculi in the living animal: implications for bile flow. J Cell Biol. 1991; 113: 1069-1.080.

49. Watanabe N. Tsukada N, Smith CR, Edwards V, Phillips MJ.
Permeabilized hepatocyte couplets: ATP-dependent bile canalicular contractions and a circumferential pericanalicular microfilament belt demonstrated.
Lab Invest. 1991; 65: 203-213.

50. Messineo A, Filler RM, Bahoric B. Smith C, Bahoric A. Successful tracheal autotransplantation with a vascularized omental flap. J Pediatr Surg. 1991; 26: 1296-1300.

51. Heiss K, Wesson D. Bohn D, Smith C, Wiseman N
Respiratory failure due to retained esophagus: a complication of esophageal replacement.
J Pediatr Surg. 1991; 26: 1359-1361.

52. Tatuch Y, Christodoulou J, Feigenbaum A, Clarke JTR, Wherret J, Smith C. Rudd N. Petrova-Benedict R, Robinson BH.
Heteroplasrnic mtDNA mutation (T-G) at 8993 can cause Leigh disease when the percentage of abnormal mtDNA is high.
Am J Hum Genet 1992; 50: 852-858.

53. Sargent MA, Liu PCF, Smith CR, Daneman A. Infradiaphragmatic pulmonary sequestration. Can Assoc Radiol J. 1992; 43: 208-211.

54. Silver MM, Smith CR
Diaphragmatic contraction band necrosis in a perinatal and infantile autopsy population.
Hum' Pathol. 1992; 23: 817-827.

55. Messineo A, Filler RM, Bahoric A, Smith CR. Repair of long tracheal defects with cryopreserved cartilaginous allografts. J Pediatr Surg. 1992; 27: 1131-1135.

56. Richardson SE, Rotrnan TA, Jay V, Smith CR, Becker LE, Petrie M, Olivieri N, Karmali MA.
Experimental verocytotoxemia in rabbits.
Infect Immun. 1992; 60: 4154-4167.

57. Messineo A, Wesson DE, Filler RM, Smith C. Juvenile hemangiomas involving the thoracic trachea in children: report of two cases. J Pediatr Surg. 1992; 27: 1291-1293.

58. Van Allen MI, Filippi G, Siegel-Bartelt J, Yong S-L, McGillivray B, Zuker RM, Smith CR, Magee JF, Ritchie S, Toi A, Reynolds JF.
Clinical variability within Brachman-de Lange syndrome: a proposed classification system.
Am J Med Genet. 1993; 47: 947-958.

59. Dautenhahn L, Babyn PS, Smith CR. Metastatic choriocarcinoma in an infant: imaging appearance. Pediatr Radiol. 1993; 23: 597-600.

60. Goldberg J, Liu P, Smith C. Congenital mesoblastic nephroma presenting with hemoperitoneum and shock. Pediatr Radiol 1994; 24:54-55.

61. Goldfarb 13, Khoury AE, Greenberg ML, Churchill BM, Smith CR, McLorie GA. The role of retroperitoneal lymphadenectomy in localized paratesticular rhabdomyoscarcoma.
J Urol. 1994; 152: 785-787.

62. Messineo A, Filler RM, Joseph T, Bahoric A, Smith CR.
Tracheoplasty without stent, using preshaped cryopreserved cartilage allografts in neonatal pigs.
J Pediatr Surg. 1994; 29: 697-700.

63. Provias JP, Ackerley CA, Smith C, Becker LE.
Cadmium encephalopathy: a case report with elemental analysis and pathological findings.
Acta Neuropath. 1994; 88: 583-586.

64. Silver MM, Denic N, Smith CR.
Development of the respiratory diaphragm in childhood: diaphragmatic contraction band necrosis in sudden death.
Human Pathol. 1996; 27: 57-62.

65. Perez-Ordonez B, Wesson D, Smith CR, Asa SL. Pancreatic cyst of anterior mediastinum. Mod Pathol 1996; 9: 210-214

66. Silver MM, Perrin D, Smith CR, Freedom RM. Tissue iron storage patterns in fetal hydrops associated with congestive heart failure. Pediatr Pathol Lab Med. 1996; 16: 563-5827

67. Fung LTC, Khouri AE, Vas SI, Smith C, Oreopoulos DG, Mittelman MW. Biocoompatibility of silver-coated peritoneal dialysis catheters in a porcine model. Perit Dial Int. 1996; 16: 398-405.

68. Scorpio RI, Wesson DE, Smith CR, Hu X, Spence LJ. Blunt cardiac injuries in children: a postmortem study. J Trauma. 1996; 41: 306-309.

69. Connolly B, Manson D, Eberhard A, Laxer RM, Smith C. CT appearance of pulmonary vasculitis in children. AJR. 1996; 167: 901-904.

70. Denic N, Huyer DW, Sinai SH, Lantz PE, Smith CR, Silver MM.
Cockroach: the omnivorous scavenger. Potential misinterpretation of postmortem injuries.
Am J Forens Med Pathol 1997; 18: 177-180.

71. Fraga JC, Filler RM, Forte V, Bahoric A, Smith C. Experimental trial of balloon-expandable, metallic Palmaz stent in the trachea. Arch Otolaryngol Head Neck Surg 1997; 123: 522-528.

72. Costa T, Azouz EM, Fitzpatrick J, Kamel-Reid S, Smith CR, Silver MM Skeletal dysplasias with gracile bones: three new eases, including two offspring of a mother with a dwarfing condition.
Am J Med Genet. 1998; 76: 125-132.

73. Theodoreseu D, Balcom A, Smith CR, McLorie GA, Churchill BM, Khoury AE. Urethral replacement with vascularized tunica grafting: defining the optimal form of use.
J Urol. 1998; 159: 1708-1711.

74. Shannon P, Smith CR, Ang LC, Ho M, Becker LE. Axonal injury and the neuropathology of shaken baby syndrome. Pieta Neuropathologica. 1998; 95: 625-31.

75. Jay V, Smith CR. Forensic pathology check sample No. FP 98-9 (FP-240) [Retinal hemorrhage) Forens Pathol. 1998; 40: 111-127.

76. Davis JL, Heginbottom JA, Annan AP, Daniels RS, Berdal P. Bergan T, Duncan KE, Lewin P, Oxford JS, Roberts N, Skehel JJ, Smith CR.
Ground penetrating radar surveys to locate 1918 Spanish flu victims in permafrost. J Forens Sci. 2000; 45: 68-76

77. Margau R, Babyn P, Cole W, Smith C, Lee F. MR imging of simple bone cysts in children: not so simple. Pediatr Radiol. 2000; 30: 551-557.

78. Donner EJ, Smith CR, Snead OC. Sudden unexplained death in children with epilepsy. Neurology. 2001; 57: 430-434.

79. Hafez AF, Smith CR, McLorie GA, El-Ghoneimi A, Herz DB. Bagli DJ. Khoury AE. Tunica vaginalis for correction of penile chordee in a rabbit model: is there a difference in flap versus graft?
J Urol. 2001; 166: 1429-1432.

80. Ludwig K, Karmali MA, Smith CR, Petrie M.
Cross-protection against challenge by intravenous Escherichia coil verocytotoxin 1 (VT1) in rabbits immunized with VT2 toxoid.° -
Can J Microbiol. In press.

81. Lodha A, Wales PW, James A, Smith CR, Langer JC. Acute appendicitis with fulminant necrotizing fasciitis in a neonate. J Pediatr Surg. Accepted for publication.

82. Grant PA, Babyn PS, Smith CR. Recurrence of hepatoblastoma mimicked by surgicel: CT and US pitfall. Pediatr Radiol. Accepted for publication.

83. LeBlanc C, Dent P, Smith C, Babyn P, Laxer RM. Retroperitoneal fibrosis- an extra-articular manifestation of ankylosing spondylitis? Arthritis Care Res. Accepted for publication.

84. Valverde K, Henderson M, Smith CR, Tallet 5, Chan HSL.
Typical and atypical Carney's triad presenting with malignant hypertension and papilloedema.
J Pediatr Hematol Oneol. Accepted for publication.

85. Hafez AF, Bagli DJ, Herz DB, Smith CR, McLorie GA, El-Ghoneimi A, Khoury AE. Mechanism of healing following non-stented tubularized incised plate urethroplasty: experimental study in a rabbit model.
Submitted for publication.

86. Rutjes N, Beth Binnington B, Smith C, Maloney MD, Lingwood CA
Differential tissue targeting and pathogenesis of Verotoxins I and 2 in the mouse animal model.
Kidney International. Accepted for publication.

87. Wygnanski-Jaffe T, Murphy CJ, Smith C, Kubai M, Christopherson P, Ethier RC, Levin AV.
Protective ocular mechanisms in woodpeckers.
Submitted for publication.

b)Non-refereed publications:
i) Articles:

1. Smith CR.
An update on SIDS.
In: Proceedings of the Seminar on Forensic Pathology. Toronto, Government of Ontario. 1985; 94-113.

2. Smith CR.
Forensic paediatric pathology.
In: Proceedings of the Seminar on Forensic Pathology Toronto, Government of Ontario. 1985; 218-242.

3. Smith CR.
Preventable death.
In: Seminar on Forensic Pathology and the Homicide Investigator. Toronto, Government of Ontario. 1987; 390-397.

4. Farrow C, Smith CR. Test your diagnostic skills. Congenital epulis. University of Toronto Dental Journal. 1994; 7: 24-26.
ii) Book chapters: None

iii) Books edited:

Although not an author, I extensively edited and used a computer-based page description language to design and format the publication An. Atlas and Text of Ultra-structural Pathology of the Liver by M. J. Phillips, S. Poucell, J. Patterson and P. Valencia (New York: Raven Press, 1987, 568 pages), for which I was given special recognition. This was the first medical book to be published using this technology.

c) Papers presented:

1. Smith CR, Wilson W, Huber J, Gelfand EW, Baumal R.
The value of lymph node enzyme histochemistry in the diagnosis of immunodeficiency diseases.
Canadian Congress of Laboratory Medicine. June 1980, St. John's.

2. Smith CR, Taylor G, Baumal R, Chan H, Thom H, Mancer K. Endodermal sinus tumour in childhood. Canadian Congress of Laboratory Medicine. June 1981, Toronto.

3. Kassim 0, Smith CR, Thom H, Baumal R.
Localization of myoglobin in childhood rhabdomyosarcomas using an immunoperoxidase method.
Canadian Congress of Laboratory Medicine. June 1981, Toronto.

4. Smith CR, Baumal R, Mancer K.
Endodermal sinus tumours in infancy and childhood. International Academy of Pathology. March 1982, Boston. Lab Invest 1982; 46: 78A.

5. Smith CR, Thomas R, Noyce P, Mitchell D. Postmortem casting study of the pediatric airway. Pediatric Pathology Club. March 1982, Boston. Lab Invest 1982; 46: 15P.

6. Oshio C, Miyairi M, Smith C, Phillips MJ.
Temporal correlation of contractions in neighbouring bile canaliculi. American Association for the Study of Liver Diseases. May 1982, Chicago. Gastroenterology 1982; 82: 1239.

7. O'Sullivan P, Danernan A, Chan HSL, Smith CR, Robey G, Fitz C, Martin DJ. Extragonadal endodermal sinus tumors in children: a review of 24 cases. Society of Pediatric Radiology. May 1982, New Orleans.

8. Durie PR, Gaskin KJ, Largman C, Smith CR, Ogilvie JE.
The significance of trypsin-protease inhibitor bound complexes in acute pancreatitis. Society for Pediatric Research. May 1982, Washington DC.
Pediatr Research 1982; 16: 160A;

9. Armstrong EA, Noyce PW, Smith CR, Mitchell D, Harwood-Nash DCF. CT evaluation of the larynx and subglottic trachea in infants and children. lXth International Congress of Radiology in Otorhinolaryngology. June 1982, France.

10. Smith CR, Durie PR, Barker GA. Acute pancreatitis in childhood. Canadian Congress of Laboratory Medicine. June 1982, Vancouver.

11. Smith CR, Thomas R, Mitchell DP. Morphometry of the pediatric airway. Society for Ear, Nose and Throat Advances in Children. November 1982, Toronto.

12. Smith CR, Oshio C, Miyairi M, Katz H, Phillips Md.. Time-series analysis of bile canalicular contractions. International Academy of Pathology. February 1983, Atlanta. Lab Invest 1983; 48: 79A.

13. Prober CG, Whyte H, Smith CR.
The value of open lung biopsy in i rununocompromised children with pulmonary infiltrates.
Society for Pediatric Research. May 1983, Washington DC.
Pediatr Research 1983; 17: 279A.

14. Murphy P, Filler RM, Muraji T, Bahoric A, Kent G, Smith C. Effect of prosthetic airway splint on growing trachea. American Pediatric Surgical Association. May 1983, Hilton Head Island.

15. Yeger H, Bailey D, Baumal R, PawIin G, Stratis M, Smith CR, Phillips MJ. Characterization of tumour cells in Wilms' tumour (nephroblastoma) by immunohistochemical and heterotransplantation in nude mice: a model for studying tumour cell differentiation.
International Symposium on Cellular and Molecular Biology of Neoplasia. October 1983, Honey Harbour.

16. David SL, Smith CR, Absolom DR, Herbert MA. Direct current inhibition of tumor growth in a hamster model. Proceedings of the 187th Meeting of the American Chemical Society. 1983.

17. Yeger H, Pawlin G, Baumal R, Smith CR, Phillips MJ. Differentiation of nephroblastoma xenotransplants. Canadian Federation of Biological Societies, 26th Annual Meeting 80a. 1983.

18. Yeger H, Bailey D, Baumal R, Pawlin G, Stratis M, Smith CR, Phillips MJ. Immunohistochemical identification of tumor cells in Wilms' tumor (nephroblastoma). American Association of Cancer Research. 1984, Toronto.

19. Qualman SJ, Higa'1E, Thom H, Smith CR.
Synovial sarcoma and its differential diagnosis in the pediatric age group. Pediatric Pathology Club. March 1984, San Francisco.
Lab Invest 1984; 50: 10P.

20. Krajbich JI, Daneman A, Smith CR, Donoghue V. Sacroiliac joint injuries in children. Canadian Orthopedic Association. 40th Annual Meeting. June 1984, Winnipeg.

21. Hoag G, Emson H, Smith C.
Congenital hepatic fibrosis and associated anomalies.
Canadian Congress of Laboratory Medicine. June 1984, Halifax. Clin Biochem 1984; 17: 211.

22. Whyte H, Hellman J, Butt W, Smith C, Levison H. Pulmonary involvement in neonatal cystic fibrosis. Canadian Pediatric Association. June 1984, Toronto.

23. Quahnan SJ, Petrie M, Smith CR, Karmali M, Hamilton SR. Clostridia-related pseudomembranous colitis in the pediatric age group. International Academy of Pathology. March 1984, Toronto.
Lab Invest 1985; 52: 53A.

24. Smith CR, Richardson S, Becker LE, Karmali M. The pathology of verotoxin -associated haemolytic urmmic syndrome (HUS). Canadian Congress of Laboratory Medicine. June 1985, Edmonton.

25. Thompson SMR, Smith CR, Zingg W.
The long-term effect of chronic endogenous hyperinsulinemia on the development of glomerulopathy in non-diabetic uni-nephredtomized rats:
American Physiological Society. October .1985, Niagara Falls.

26. Gamble KL, Spence L, Smith CR, Keystone JS.
Hepatitis B in Canadian missionaries serving in developing countries.
Canadian Association for Infectious Diseases. 53rd Conjoint Meeting. November 1985, Toronto.

27. Miyazaki A, Smith CR, Phillips MJ.
Effect of chlorpromazine hydrochloride on contraction of bile canaliculi: evidence from microinjection studies.
American Association for the Study of Liver Diseases. November 1985, Chicago.

28. Smith CR, Watanabe N, Starr M, Phillips MJ.
Video-enhanced contrast microscopy: an investigative tool for pathologists. International Academy of Pathology. March 1986, New Orleans. Lab Invest 1986; 54: 59A.

29. O'Brien A, Chan HSL, Campbell AN, Smith CR.
Malignant neoplasms in the neonate.
Society for Pediatric Pathology. March 1986, New Orleans. Lab Invest 1986; 54: 6P.

30. Richardson SE, Jagadha V, Smith CR, Becker LE, Petrie M, Karmali MA. Pathological effects of injected H.30 Verotoxin (VI] in rabbits. American Society of Microbiology. March 1987, New Orleans.

31. Richardson SE, Jagadha V, Smith CR, Becker LE, Petrie M, Karmali MA. The pathology of Hemolytic Uremic Syndrome (HUS) associated with Verotoxin (VT)-producing Escherichia colt (VTEC) infection.
American Society of Microbiology. March 1987, New Orleans.

32. Qualman S, Aoyama C, Shimada H, Chan H, Smith C, Chatten J.
Conventional versus special neuroblastoma (NB): favorable prognosis correlates with stromal differentiation.
American Pediatric Society. May 1987, Anaheim.
Ped Research 1987; 21(Prt 2): 305A;

33. Babyn P, Daneman A, Smith C. Benign fatty tumors in children. Canadian Association of Radiologists. June 1987, Ottawa.

34. Laxer R, King S, Manson D, Smith C, Wilmot D, Shore A. Chronic recurrent multifocal osteomyelitis. American Rheumatology Association. June 1987, Washington.

35. Loeff DS, Filler RM, Vinograd I, Ein SH, Williams WG, Smith CR, Bahoric A. Congenital tracheal stenosis. Canadian Association of Pediatric Surgeons. September 1987, Winnipeg.

36. Macpherson T, Weinberg A, Shikes R, Smith C.
A survey of medical student pediatric pathology education. Society for Pediatric Pathology. February 1988, Washington. Lab Invest 1988; 58: 6P.

37. Smith CR.
The implementation of a pathology information system on a microcomputer-based fourth generation language.
International Academy of Pathology. March 1988, Washington.
Lab Invest 1988; 58: 86A.

38: Silver MM, Smith CR. Diaphragmatic contraction band necrosis in asphyxiated infants. Canadian Congress of Laboratory Medicine. June 1988, Winnipeg.

39. Watanabe N, Tsukada N, Smith CR, Phillips MJ.
The permeabilized hepatocyte couplet: a model to study cytoskeletal canalicular motility independent of secretion.
International Association for the Study of the Liver. November 1988, Toronto.

40. Byard RW, Smith CR, Jiminez CL, Carpenter BF.
Congenital teratomas of the neck and nasopharynx-a clinical and pathological study of 18 cases.
Society for Pediatric Pathology. March 1989, San Francisco.
Lab Invest. 1989; 60: 2P.

41. Silver MM, Smith CR.
Diaphragmatic contraction band necrosis (D-CBN) in a newborn autopsy population. Society for Pediatric Pathology. March 1989, San Francisco.
Lab Invest. 1989; 60: 7P.

42. Dykes EH, Kent G, Bahoric A, Smith C, Filler RM.
A comparative study of pericardium and periosteum in tracheal reconstruction for tracheal stenosis.
American Pediatric Surgery Association. May 1989, Baltimore.

43. Kirsch SE, Holland FJ, Smith CR, Goldberg SD, Bechai, S, Wielgosz GJ. Comparison of histologic, biochemical, and flow cytometric analysis of the long term effects of a polymer bound, depot formation of a GnRH analog (Zoladex) on testicular tissue.
The Endocrine Society. June 1989, Seattle.

44. Byard RW, Bohn DJ, Wilson G, Smith CR, Ein SH.
Unsuspected diaphragmatic hernia-a potential cause of sudden death in infancy and early childhood.
Canadian Association of Pediatric Surgeons. September 1989, Edmonton.

45. Smith CR, Portman J. A microcomputer-based information system for pathology. Ontario Association of Pathologists. October 1989, Niagara-on-the-Lake.

46. Silver MM, Smith CR
Diaphragmatic contraction band necrosis in 50 well infants who died suddenly. Society for Pediatric Pathology. March 1990, Boston.
Lab Invest 1990: 62: 8P.

47. Smith CR, Portman JD.
An information system for pathology using a microcomputer-based fourth-generation language.
Information Technology in the Health Care Sciences, May 1990, Memphis.

48. Khoury AE, McLorie GA, Balcom AH, Smith CR.
Urethral reconstruction using a tunica vaginalis vascularized flap in an animal model. American Urological Association. May 1990, New Orleans.
J Urol. 1990; 143: 189A.

49. Khoury AE, McLorie GA, Balcom AK Smith CR. Urethral reconstruction using a tunica vaginalis vascularized flap in an animal model. Canadian Urological Association. June 1990, Vancouver.

50. Heiss K, Wesson D, Bohn D, Smith C, Wiseman N.
Respiratory failure due to retained esophagus: a complication of esophageal replacement. -
Canadian Association of Pediatric Surgeons. August 1990, St. John's.

51. Messineo A, Filler RM, Bahoric B, Smith C, Bahoric A. Successful tracheal autotransplantation with a vascularized omental flap. Canadian Association of Pediatric Surgeons. August 1990, St. John's.

52. Walmsley S, Ford-Jones L, King S, Farouk M, Devi S, Schneider R, Hummel D, Smith C, Greenberg M, Saunders F, Richardson S.
Invasive aspergillus infections in a pediatric hospital.
Royal College of Physicians and Surgeons of Canada.' September 1990, Toronto.

53. Byard RW, Smith CR, Bourne AJ.
Endodermal sinus tumour of the nasopharynx in childhood- a clinicopathologic study.
Royal College of Pathologists of Australasia and Haematology Society of Australia. October 1990, Christchurch, New Zealand.

54. Byard RW, Bourne AJ, Smith CR, Cutz E.
Variable mechanisms associated with sudden and unexpected cardiovascular death in infancy and childhood due to disorders of connective tissue.
Royal College of Pathologists of Australasia and Haematology Society of Australia. October 1990, Christchurch, New Zealand.

55. McLachlin CM, Smith CR. The pathology of fatal shaken baby syndrome. International Association of Forensic Sciences. October 1990, Adelaide, Australia.

56. Levin AV, Enzenauer RW, Elder JE, Smith CR, Heathcote G, Becker L, Morin JD. Postmortem orbital findings in the shaken baby syndrome. American Academy of Ophthalmology. October 1990, Atlanta.

57. Smith CR, McLachlln CM, Young JG.
Optic nerve injury in the 'shaken baby syndrome' fog iii of fatal child abuse. United States and Canadian Academy of Pathology. March 1991, Chicago. Lab Invest 1991; 64: 111A.

58. Babyn PS, Smith C, Daneman A. Nonvisceral adipose tumors. International Pediatric Radiology. May 1991, Stockholm.

59. Messineo A, Filler RM, Smith C, Bahoric A. Cryopreservation of pig trachea. Canadian Association of Pediatric Surgeons. September 1991, Quebec.

60. Messineo A, Filler RM, Bahoric A, Smith C. The repair of long tracheal defects with cryopreserved cartilaginous allografts. American Academy of Pediatrics. October 1991, New Orleans.

61. Messineo A, Filler RM, Bahoric A, Smith CR. Experimental tracheoplasties with cryopreserved cartilage allografts. Fifth Workshop in Pediatric Surgical Research. May 1992, Ferrara, Italy.

62. Smith CR, Denic N, Brookes R, Young J. Accidental bathtub drowning in infancy and childhood. American Academy of Forensic Sciences. February 1993. Boston.

63. Smith CR, Denic N, Armstrong RF.
Familial fibromuscular dysplasia presenting as sudden and unexpected death in the young. -
American Academy of Forensic Sciences. February 1993. Boston.

64. Denic N, Smith CR. Filicide by_asphyxia. American Academy of Forensic Sciences. February 1993. Boston.

65. Denic N, Becker LE, Young J, Smith CR. Pediatric forensic pathology: a 15 year survey in a large Canadian city. American Academy of Forensic Sciences. February 1993. Boston.

66. Matthews G, Khoury AE, Mclorie GA, Steckler RE, Smith CR, Churchill BM. Xanthogranulomatous pyelonephritis in infancy and childhood: new concepts. American Urological Association. May 1993, San Antonio.

67. Messineo A, Filler RM, Joseph T, Bahoric A, Smith CR.
Tracheoplasty without stent using preshaped, cryopreserved cartilage allografts in neonatal pigs. Pacific Association of Pediatric Surgeons. May 1993, Cairns, Australia.

68. Smith CR, Denic N, Young J. Medico-legal investigation of heart disease in the young: the Toronto experience. American Academy of Forensic Sciences. February 1994. San Antonio.

69. Smith CR, Denic N, Young J. Trauma to the fetus associated with motor vehicle accidents. American Academy of Forensic Sciences. February 1994. San Antonio.

70. Denic N, Smith CR. Hydranencephaly in two newborns: infanticide vs. euthanasia. American Academy of Forensic Sciences. February 1994. San Antonio.

71. Denic N, Smith CR, Young J. Death from child abuse versus falls. American Academy of Forensic Sciences. February 1994. San Antonio.

72. Manson D, O'DonneIly B, Smith C. CT appearances of vasculitic lung disease. Society for Pediatric Radiology. May 1994. Colorado Springs.

73. Filler RM, Fraga C, Bahoric A, Smith C. The effect of balloon expandible metallic stent on the normal and repaired trachea. Association of Academic Surgeons. November 1994. Albuquerque.

74. Smith CR, Denic N,
Sudden and unexpected death in children due to airway obstruction. American Academy of Forensic Sciences. February 1995. Seattle. Proceedings of the American Academy of Forensic Sciences. 1995; 1:131.

75. Denic N. Smith CR, Silver MM.
Diaphragmatic contraction band necrosis in different modes of sudden death in childhood.
American Academy of Forensic Sciences. February 1995. Seattle. Proceedings of the American Academy of Forensic Sciences. 1995; 1:135.

76. Denic N, Dunjic D, Smith CR.
Excavation of Jugoslavian execution pits: journey to the center of the earth. American Academy of Forensic Sciences. February 1995. Seattle. Proceedings of the American Academy of Forensic Sciences. 1995; 1:95.

77. Smith CR, Young K, Young JG.
A review of neonaticide in the Province of Ontario.
American Academy of Forensic Sciences. February 1996. Nashville. Proceedings of the American Academy of Forensic Sciences. 1996; 2:126.

78. Smith CR, Connolly B, Babyn PS.
Postmortem imaging of rib fractures in infancy.
American Academy of Forensic Sciences. February 1996. Nashville. Proceedings of the American Academy of Forensic Sciences. 1996; 2:126-127.

79. Denic N, Smith CR, Cairns J.
An unusual ski death: the mechanism and legal outcome.
American Academy-of Forensic Sciences. February 1996. Nashville. Proceedings of the American Academy of Forensic Sciences. 1996; 2:155-156.

80. Fraga JC, Filler RM, Forte V, Bahoric A, Smith C Experimental trial of balloon expandable Palmaz stent in the trachea. American Society of Pediatric Otolaryngology. May 1996. Orlando.

81. Nowacyzk MJM, Smith C, Siegel-Bartelt J Genetic heterogeneity in forelimb duplication. American Society of Human Genetics, November 1996. San Francisco.

82. Smith CR, Jay V. Postmortem study of intraocular hemorrhage associated with natural disease. National Conference on Shaken Baby Syndrome. November 1996. Salt Lake City.

83. Smith CR, Taylor GT.
Spanking-type injuries causing death in two children.
American Academy of Forensic Sciences. February 1997. New York City. Proceedings of the American Academy of Forensic Sciences. 1997; 3: 144.

84. Sirkin WL, Perrin D, Moore A, Smith CR, Cutz E, Silver MM.
Pulmonary acinar dysplasia: morphometric analysis of bronchial pattern and small arteries.
Society for Pediatric Pathology. February 1997. Orlando.

85. McCloskey DA, Babyn PS, Smith C. Dating of rib fractures in child abuse. Society for Pediatric Radiology. 1997. St. Louis.

86. Milman RJ, Thomas KE, Babyn PS, Gingold E, Stephens D, Smith C, Daneman A. Manson D, Williams T, Ranson M, MacDonald C.
Image quality of the iiRAD direct ray radiography system compared with detail film-screen radiography in neonates.
Society for Pediatric Radiology. May 1999. Vancouver.

87. Donner EJ, Smith CR, Snead C Sudden unexplained death in children with epilepsy. Canadian Congress of Neurosciences. June 2000. Ottawa.

88. Sanatani S, Smith C, Adatia I.
Sudden unexpected death in children with heart disease: who dies before the next clinic appointment.
American Heart Association. November 2000. New Orleans.

89. Ngan B, Teshina I, Nie G, Zielensak M, Chan W, Ho M, Litsas L, Smith C, Mandel K. Weitzman S.
Pediatric T cell lymphoma in a patient with Nijmegen Breakage Syndrome (NBS): an unusual case with lymphoepithelioid/Lennert lymphoma features.
United States Canadian Academy of Pathology. March .2001. Atlanta.
Mod Pathol. 2001; 14: 214A.

90. Hafez AF, Smith CR, McLorie GA, El-Ghoneirni A, Herz DB, Bagli DJ, Khoury AE. Tunica vaginalis for correction of penile chordee American Urological Association. June 20017 Anaheim.

d) Invited lectures:

1. New advances in tumour diagnosis using immunofluorescent methods. Faculty of Medicine: Continuing Medical Education Course in Immunopathology for the Practising Pathologist.
October 1981, Toronto.

2. The Sick Children's Hospital digoxin deaths - what have we learned? Annual Meeting of the Canadian Medical Association. August 1985, Ottawa.

3. An update on SIDS. Ministry of the Solicitor General: Seminar on Forensic Pathology. September 1985, Toronto.

4. Forensic paediatric pathology. Ministry of the Solicitor General: Seminar on Forensic Pathology September 1985, Toronto.

5. Pediatric forensic pathology. Canadian Congress of Laboratory Medicine. June 1987, Quebec.

6. Preventable death in children. Ministry of the Solicitor General: Forensic Pathology and the Homicide Investigator. Toronto, September 1987;
_
7. The pathologist's role in sudden infant death syndrome. Canadian Foundation for the Study of Infant Deaths. September 1987, Toronto.

8. Image analysis and processing in pathology. University of British Columbia. October 1987, Vancouver.

9. The role of microcomputers in anatomic pathology. British Columbia Children's Hospital. October 1987, Vancouver.

10. Unnatural pediatric deaths. Ministry of the Solicitor General: Ontario Educational Course for Coroners. October 1987, Toronto.

11. Implementation of a pathology information system on a fourth generation language. Texas Children's Hospital and Baylor University. May 1988, Houston.

12. Pediatric forensic pathology. Canadian Congress of Laboratory Medicine. June 1988, Winnipeg.

13. Resident education and graded responsibility. Canadian Congress of Laboratory Medicine. June 1988, Winnipeg.

Curriculum Vitae: Charles R. Smith
14. Accidental and non-accidental death in children. Ontario Association of Crown Attorneys. July 1988, Goderich.

15. Lethal child abuse. Ministry of the Solicitor General: Forensic Pathology and the Homicide Investigator. Toronto, September 1988.

16. The digoxin deaths at The Hospital for Sick Children. Toronto Medical Society. October 1988, Toronto.

17. Birth trauma: when to call the Coroner. Faculty of Medicine: Continuing Medical Education Course in Perinatal Pathology. November 1988, Toronto.

18. Image processing in pathology. Visiting Professor, University of Ottawa. February 1989, Ottawa.

19. The pediatric autopsy. Humber College: Funeral Services Education Program. March 1989, Toronto.

20. An update on SIDS. Canadian Foundation for the Study of Infant Deaths. March 1989, Toronto.

21. A look at liver cells. Special Lecturer, University of Ottawa Resident Research Day. May 1989, Ottawa.

22. Image processing and analysis in the pathology laboratory. Toronto Institute of Medical Technology, 1989 Seminar Day. June 1989, Toronto.

23. Workshop on pediatric forensic pathology. Canadian Congress of Laboratory Medicine. June 1989, Ottawa.

24. Pediatric forensic pathology. Ministry of the Solicitor General: Seminar on Forensic Pathology. September 1989, Toronto.

25. The shaking-whiplash injury. Ministry of the Solicitor General: Educational Course for Crown Attorneys. November 1989, Toronto.

26. The medical aspects of child abuse. First National Conference on Child Abuse and Abduction. November 1989, Calgary.

27. SIDS: Why do babies die in infancy? Canadian Foundation for the Study of Infant Deaths. December 1989, Toronto.

28. Forensic pathology of infancy and childhood. Homicide Investigator's Seminar. February 1990, Toronto.

29. Practical pediatric forensic pathology. North East Ohio Universities College of Medicine. March 1990, Akron.

30. Investigation of homicides in children. Bick Police College, Metropolitan Toronto Police June 1990, Toronto.

31. The investigation of sudden infant death syndrome and of child abuse Criminal Investigator's Seminar, Ontario Provincial Police College August 1990, Brampton.

32. Coroner for the 90's: Religion, funeral practices and the autopsy. Ministry of the Solicitor General: Educational Course for Coroners October 1990, Toronto.

33. Fatal abuse and sexual abuse. Bick Police College, Metropolitan Toronto Police November 1990, Toronto.

34. Pediatric pathology. Humber College: Funeral Services Education Program. January 1991, Toronto.

35. The pathology of shaken baby syndrome.
First North American Conference on Child Abuse and Neglect, and Fourth National Child Abuse Conference (USA).
June 1991, Toronto.

36. The postmortem timing of injuries.
First North American Conference on Child Abuse and Neglect, and Fourth National Child Abuse Conference (USA).
June 1991, Toronto.

37. Child abuse. Bick Police College, Metropolitan Toronto Police June 1991, Toronto.

38. Workshop on the investigation of pediatric deaths. Ministry of the Solicitor General: Educational Course for Coroners October 1991, Toronto.

39. The pathology of child homicide. Tenth Annual Homicide Investigator's Seminar. April 1992, Toronto.

40. See you in court (the invitation you cannot refuse). Guest Lecture, Anaesthesia Research Day, University of Toronto May 1992, Toronto.

41. Workshop on the microcomputer as a personal productivity tool for pathologists. Canadian Congress of Laboratory Medicine June 1992, Toronto.

42. Forensic identification in the pediatric autopsy. Canadian Identification Society July 1992, Hamilton.

43. Update on SIDS. Canadian Foundation for the Study of Infant Deaths. December 1992, Toronto.

44. Physical signs in child abuse. National Conference on Child Abuse. April 1993, Calgary.

45. Pediatric death investigation. Ministry of the Solicitor General. May 1993, Toronto.

46. The Ontario Pediatric Forensic Pathology Unit. International Association of Coroners and Medical Examiners. June 1993, Toronto.

47. Sudden death in the young. Ontario Association of Pathologists. October 1993, Kingston.

48. Child physical abuse: value of medical evaluation in investigation. Institute for Prevention of Child Abuse. October 1994, Toronto.

49. The future of forensic pathology in Ontario
Ministry of Solicitor General: Educational Course for Coroners and Forensic Pathologists.
October 1994, Toronto.

50. A review of sudden death. Eastern Ontario Coroners Association. February 1995, Belleville.

51. Pediatric homicides. Metropolitan Toronto Bick Police College. June 1995, Toronto.

52. Parents who kill. Advanced Homicide Investigators' Seminar. June 1995, Toronto.

53. Investigating pediatric homicides. Ontario Police College. July 1995, Aylmer.

54. Child deaths. Williams Homicide Seminar, New York State Police College. September 1995, Albany.

55. Avoiding courtroom trauma. Interactions with the crown and defense. 1995 Course for Coroners and Pathologists, Ministry of the Solicitor General. October 1995, Toronto.

56. SIDS and SUDS. 1995 Course for Coroners and Pathologists, Ministry of the Solicitor General. October 1995, Toronto.

57. Deaths under suspicious circumstances. Child physical abuse update: a medical conference. October 1995. Toronto.

58. Pediatric homicide investigation. Metropolitan Toronto Bick Police College. November 1995, Toronto.

59. SIDS, SUDs and suspicious deaths. York County Hospital Lecture Series. January 1996, Newmarket.

60. Neonatal deaths: birth trauma, birth asphyxia and maternal trauma. Ontario Coroners Association. May 1996, Niagara-on-the-Lake.

61. The exhumation at Svalbard Kirke. Planning Conference for the Identification of the 1918 Influenza. August 1996, Windsor.

62. Homicide in the young. Ministry of Solicitor General: Forensic Pathology Course for Regional Pathologists. November 1996, Toronto.

63. SIDS and SUD: pathology and pathobiology University of Manitoba December 1996, Winnipeg.

64. Cardiac causes of sudden death in children. University of Manitoba December 1996, Winnipeg.

65. Suspicious death in the young. Royal Canadian Mounted Police December 1996, Winnipeg.

66. Investigating homicides in children. Westman Regional Laboratories December 1996, Brandon.

67. Ground penetrating radar as an aid to the exhumations at Svalbard Kirke. Second Planning Conference for the Identification of the 1918 Influenza. April 1997, Atlanta.

68. Pathology of sudden unexpected death in childhood. Canadian Association of Pathologists September 1997, Vancouver.

69. Investigating suspicious death in the young. Ontario-Michigan Association of Forensic Identification Officers October 1997, Innisfale.

70. The exhumations in the Spanish flu project. UNIS (University in Svalbard), Norway October 1997, Norway.

71. The pathology of child abuse/homicide. Ministry of the Solicitor General/Coroner's Pathologist Course October 1997, Toronto.

72. The scientific basis of child abuse evaluations. Association of Family Court Judges of Ontario January 1998, Toronto.

73. In search of a frozen killer. Pickering College January 1998, Newmarket.

74. A novel approach to the exhumation at Svalbard Kirke. Third Planning Conference for the Identification of the 1918 Influenza. February 1998, National Institute for Medical Research, London.

88. From the laboratory to the court room. National Society for Histotechnology April 1998, Toronto.

89. Pediatric forensic pathology. Ontario Provincial Police June 1998, Orillia. -
90. Pathology of sudden unexpected death in childhood. Canadian Association of Pathologists September 1998, Toronto.

91. Adventures with ground penetrating radar. Ontario Coroners Association. April 1999, Niagara-on-the-Lake.

92. Arctic adventure: in search of a frozen killer. Departmental Banquet, University of Toronto May 1999, Toronto;

93. SIDS and SBS Department of Pathology, South Saskatchewan Hospitals May 1999, Regina.

94. Missed diagnosis/misdiagnosis in shaken baby syndrome. First Canadian Conference on Shaken Baby Syndrome May 1999, Saskatoon.

95. Timing of shaken baby syndrome injuries. First Canadian Conference on Shaken Baby Syndrome May 1999, Saskatoon.

96. Sudden death in the young: lessons from the autopsy suite Annual Shokeir Lecture, University of Saskatchewan May 1999, Saskatoon.

97. In search of a frozen killer. University of Saskatchewan May 1999, Saskatoon.

98. Child homicide. Ontario Crown Attorneys Association August 1999, London.

99. Fatal child abuse. Bick Police College September 1999, Toronto.

100. Studies in field methods. McMaster University February 2000, Hamilton.

101. Application of ground-penetrating radar in forensic anthropology. First Annual Course in Anthropological Forensic Recovery. September 2000, York Region.

102. Sudden death in the young. American Association of Pathology Assistants. September 2000, Toronto.

e) Non-medical publications:

1. Smith CR
Building a dado jig.
Shop Notes. 1995; 4(23) : 29.

VIII. TEACHING ACTIVITIES:

a) Undergraduate teaching:

1989 -1997 Dentistry 203S: General Pathology
My initial responsibility was that of teaching the neoplasia section of this course for second year dentistry students. From 1992 to 1995, I was the coordinator for this course. Subsequently, I continued to participate in the teaching of dentistry students, including the introduction of forensic sciences and forensic odontology to the dentistry curriculum.

1989 -1996 Physical Therapy 204H: Introduction to Pathology;

I teach the pathobiology of neoplasia for second year physiotherapy students. Prior to 1994, this was also taught -to nursing students as Nursing 204H.

I990-I996 Pharmacy 371 S: Pathophysiology of Disease;

I teach the pathology of infancy and childhood to third year pharmacy students.

1988 - 1992 Pathology : Principles of Pathology for Second Year Medical Students
My role was that of a laboratory/seminar group leader during the second quarter.

1984 - 1986 Law 205F: That Advocacy
My participation in this course centred on the teaching of techniques for the examination of an expert witness.

Supervision of Student Electives

1998 I supervised a 1-month elective in pediatric forensic pathology for John Fanton, a final year medical student at State University of New York-Buffalo.
Supervision of Summer Student Electives

1991 I organized and supervised the summer programs for two second year medical students (Messrs. Peter Seshardi and Barry Mitchell), who were funded to describe health care in the Transkei.

1993 Mr Paul Pede (third year student in Biomedical Communications) developed a computer-based, three-dimensional animation sequence which modelled the activity of the bile canaliculus.

1995 Mr Kevin Young (first year student in Science). We developed a multimedia presentation on how to investigate homicides in children.

b) Graduate courses:
1982 - Pathology 1005Y: General and Special Pathology for Residents
This is listed as a graduate course but is primarily for postgraduate students, It teaches both the current practices in diagnostic pathology as well as recent advances in the basic and applied methods of pathology. For three years, I organized this course (1982 - 1985), and since then have given lectures.

1981-1994 Hospital Chaplaincy: The Role of Pathology;
This annual lecture was given to theology students of various denominations who are enrolled in the graduate course on hospital chaplaincy.

1982 - 1989 Nursing 1015H: Selected Topics in Pathology
This elective course is given to graduate students in the Faculties of Nursing and Dentistry. My responsibility was to teach basic mechanisms and relevant clinical characteristics of neoplasia.

c) Theses supervised: None.

d) Postdoctoral fellows: None.

e) Resident teaching:
From July 1985 to June 1989, I was Program Director for postgraduate training in Pathology. Subsequently, I was awarded the Department of Pathology's John B. Walter Prize;

Next posting: Part Two: Dr. Smith's C.V.

Harold Levy...hlevy15@gmail.com;

Taking A Break; Back In A Week Or Two;

Dear Readers:

It's time for a brief rest - now that the evidentiary portion of the Goudge Inquiry is completed.

I will return in a week or two with batteries fully charged.

In the meantime, feel free to contact me personally at my gmail address (it's listed on the site) - or to post messages.

Best wishes, Harold Levy;

Ron Dalton's Wise Words;

"BY NIGHTFALL, DALTON WAS CHARGED WITH SECOND-DEGREE MURDER, BASED ON THE FINDINGS OF A LOCAL PATHOLOGIST WHO PERFORMED AN AUTOPSY. HE WAS NOT ALLOWED TO ATTEND HIS WIFE'S FUNERAL.

IN THOSE DAYS, THE CROWN WAS NOT LEGALLY REQUIRED TO DISCLOSE ALL RELEVANT EVIDENCE TO THE DEFENCE. CLOSE TO HIS TRIAL, DALTON LEARNED THAT THE PATHOLOGIST, WHO HAD NO FORMAL TRAINING IN FORENSIC PATHOLOGY, CONCLUDED BRENDA DALTON HAD DIED FROM MANUAL STRANGULATION.

HE EVEN WENT SO FAR AS TO SAY HER KILLER HAD USED HIS RIGHT HAND. FOR EVIDENCE, HE POINTED TO THE INTERNAL SCRATCHES ON HER THROAT.

"HE THOUGHT HE WAS QUINCY, BASICALLY," DALTON SAID. HOWEVER, THERE WERE NO OTHER SIGNS OF INJURY CONSISTENT WITH STRANGULATION, SUCH AS EXTERNAL NECK BRUISING, FRACTURED CARTILAGE OR HEMORRHAGING IN THE EYES.

THE CROWN WOULDN'T SPEND THE MONEY TO GET A SECOND EXPERT OPINION, DALTON SAID.

AT HIS TRIAL, THE JURY PREFERRED THE TESTIMONY OF THEIR LOCAL DOCTOR OVER THE DEFENCE EXPERT, A FORENSIC PATHOLOGIST FROM PHILADELPHIA WHO HAD PERFORMED THOUSANDS OF AUTOPSIES, INCLUDING HUNDREDS INVOLVING DEATH BY STRANGULATION."

TORONTO STAR:

Newfoundlander Ron Dalton's views on expert witnesses like Dr. Charles Smith are worth considering.

They were published recently in the Ottawa citizen - and I will be repeating them in a moment for the benefit of our readers.

But first, it will be useful to read this familiar sounding account of how Dalton came to spend years in penitentiary for a murder that never happened.

It is written by Tracey Tyler, my former colleague at the Toronto Star.

The story appeared under the heading "High price to pay for justice" on Nov. 6, 2007.

A sub-heading read, "His biggest loss was time with his kids."

"Ron Dalton was a bank manager, but he was naive. He innocently believed that since he didn't kill his wife, he couldn't possibly be found guilty of murder," the story began.

"But Dalton was convicted — a mistake that stole 12 years from his life and led to two trials, an appeal, a lawsuit and a recent public inquiry into his case, as well as into two other wrongful convictions in Newfoundland," it continued.

"It's been a $20 million make-work project for lawyers," he said in an interview over the weekend in Toronto, where he spoke to members of the Criminal Lawyers' Association at their annual conference.

That high cost of injustice was largely due to the prosecution's refusal to admit to a possible weakness in its case, he said.

A Crown culture that insists on winning at all costs and stubbornly refuses to concede error was one of the biggest barriers to overturning his conviction, said Dalton, who was 32 when his wife died. Another was finding lawyers who were prepared to dedicate time to helping him, especially when he ran out of money.

Since he was charged, one organization in particular, the Association in Defence of the Wrongly Convicted, has gone to bat for victims of miscarriages of justice. The Innocence Project at York University has also entered the field.

But Canada should not be depending on volunteer groups to investigate and expose miscarriages of justice, Dalton said. It needs a publicly funded review body operating at arm's-length from government, similar to one in place in Britain, he said.

Defence lawyers at the conference had a rare opportunity to hear Dalton's story in chilling detail, a story not well-known outside Newfoundland.

It began on Aug. 15, 1988, the longest day of his life. Dalton, a bank manger in Gander, had stopped at the RCMP detachment to pick up tickets for the policemen's ball and made restaurant reservations to celebrate his upcoming 11th wedding anniversary.

When he arrived home, his three children were asleep upstairs. He joined his wife Brenda, who was on a loveseat watching the news and eating a bowl of cereal.

She began to choke. Dalton patted her on the back, but it didn't help. Her face turned "beet red." He went to the kitchen to get a glass of water, returning to find her unconscious.

"I ran my finger through her mouth and the top of her throat to see if anything was there," he said. "I blew a few breaths into her and her chest would rise."

Dalton called an ambulance and Brenda was rushed to hospital. An inexperienced resident was in charge of the emergency room and botched the resuscitation by sliding a breathing tube into her stomach instead of her lungs. The inside of her throat was inevitably scratched. She did not survive.

Dalton stayed up all night with the neighbours, "wondering how I was going to explain to a 6-year-old and a 9-year-old that their mother is dead." His youngest was 18 months old.

"I waited until the sun broke to do that. I went into my oldest son's bedroom, sat down on the edge of his bed and tearfully told him." The two of them later knelt by his daughter's bed and told her.

By nightfall, Dalton was charged with second-degree murder, based on the findings of a local pathologist who performed an autopsy. He was not allowed to attend his wife's funeral.

In those days, the Crown was not legally required to disclose all relevant evidence to the defence. Close to his trial, Dalton learned that the pathologist, who had no formal training in forensic pathology, concluded Brenda Dalton had died from manual strangulation.

He even went so far as to say her killer had used his right hand. For evidence, he pointed to the internal scratches on her throat.

"He thought he was Quincy, basically," Dalton said. However, there were no other signs of injury consistent with strangulation, such as external neck bruising, fractured cartilage or hemorrhaging in the eyes.

The Crown wouldn't spend the money to get a second expert opinion, Dalton said.

At his trial, the jury preferred the testimony of their local doctor over the defence expert, a forensic pathologist from Philadelphia who had performed thousands of autopsies, including hundreds involving death by strangulation.

Dalton spent two years languishing in a 5-by-7 ft. cell in Renous penitentiary in New Brunswick, waiting for a trial transcript to be typed so he could proceed with his appeal. His trial lawyer strung him along for another two years after that. Four years into his sentence, Dalton learned he hadn't done any work on the case.

Dalton found another lawyer, but the Newfoundland legal aid system took a year before deciding to fund the case. For the next two years, Dalton waited. His lawyer sent him letters regularly, updating him on the "progress" of the case.

"I was sitting in a little steel cage up in northern New Brunswick, maximum security, trying to hang onto this little box of correspondence, hoping the next tear gassing or flood doesn't take that down."

But once again, Dalton had been fed a story. Seven years into his sentence, he filed his own handwritten legal brief with the Newfoundland Court of Appeal.

"The catalyst for actually getting it to court was my filing a half-assed factum," he said. "I was on my third chief justice by the time we actually got it going. One had already retired and another had died."

Through sheer luck, a junior lawyer from Dalton's second lawyer's firm put him in touch with St. John's lawyer Jerome Kennedy, now a prominent advocate for the wrongly convicted. Kennedy pushed Dalton's case, winning him a retrial. That lasted nine months, ending with his acquittal in 2000.

New medical evidence overwhelmingly concluded that Dalton had been charged with a crime that never occurred. Brenda Dalton had choked on cereal and the marks on the inside of her throat were caused by attempts to save her life.

Earlier this year, in his report from a public inquiry into Dalton's case and the wrongful murder convictions of Newfoundlanders Gregory Parsons and Randy Druken, commissioner Antonio Lamer, a former chief justice of the Supreme Court of Canada, said the cases were largely the result of a dysfunctional Crown culture that was overzealous and blindly accepted police theories.

One day after the report was released in June, Dalton received a letter of apology from Newfoundland's chief justice, Clyde Wells. He's still waiting for one from the government.

Knowing his family was on the outside of the prison walls was how he survived his ordeal because it gave him a focus, he said.

"My daughter had just graduated from kindergarten when her mother died. When I was acquitted, she was about to graduate high school. For me, it was always the measure of how much time had been lost."

With this background, Dalton's comments in the Ottawa Citizen, under the heading "Unmasking the expert: Musings on the Goudge Inquiry" are all the more meaningful;

"As someone who suffered the unsubstantiated opinion of a self-proclaimed “expert” in forensic pathology in another province I am struck by the abundance of repetitious medical jargon and technical verbal camouflage found throughout the opinions of Dr. Charles Smith" wrote Dalton;

"Sadly it is the very same language found throughout the opinion and testimony which sent me to prison.

It is also, in many instances, the exact same words used to wrongly convict others in other jurisdictions in this country and elsewhere.

At first blush one is tempted to receive the august findings of experts with a certain degree of awe and respect and, to our collective dismay, the utterances of such individuals have historically been imbued with a veneer of authority.

As we are painfully witnessing at the Goudge inquiry that veneer is sometimes merely a thin cosmetic coating deflecting our intelligence away from the fact the emperor has no clothes.

Dr. Smith is but one extreme example of a problem long overlooked by our criminal justice system and the self-governing medical bodies which are supposed to be providing the necessary checks and balances on unbridled medical authority.

In hindsight even Dr. Smith now concedes his lack of training, inexperience, and gross over interpretation.

While hardly forgivable it is flawed human nature for an unrestrained overactive ego to run amok, unfortunately, with tragic consequences for those of us directly affected.

The larger issue is our societal failure to establish adequate training for those we entrust with the almost limitless influence we accord experts in the criminal justice system.

Likewise the demonstrated inability of the self-governing medical bodies to protect societal interests reflects a fundamental structural weakness in our overall social system.

The individual failings of Dr. Smith and others of his ilk bring home in vivid detail the horrible consequences of wrongful convictions and expose an unhealthy systemic inertia when faced with correcting such wrongs.

In the recently much publicized cases of Steven Truscott and William Mullins-Johnson we see the unwarranted arrogance of Dr. Smith mirrored on the legal side of the equation.

In each of those blatant wrongful convictions the Crown stubbornly resisted efforts to achieve long-overdue justice in the face of overwhelming evidence of innocence.

Here again the self governing legal profession appears to value a rigid adherence to finality of the criminal legal process over the inherent right to freedom we all theoretically enjoy.

Given the disastrous consequences of an unrestrained Dr. Smith style expert opinion, the lack of medical or judicial oversight currently in place and the intransigent Crown culture in respect to correcting its own mistakes the system needs to be changed.

Commissioner Goudge will undoubtedly address some of those issues regarding his review of the Dr. Smith debacle but we must demand further systemic change in light of the broader lessons.

In particular Canada should have an independent body with the authority to review claims of wrongful conviction and address the permanent damages such horrible systemic mistakes do to individuals as well as to our collective confidence in the integrity of our justice system."

hlevy15@gmail.com

The Rise of Dr. Charles Smith; Two Basic Questions Answered At The Inquiry; Witness statements;

"DR. SMITH ALSO TOLD THE STAR THAT HE FOUND IT IRONIC THAT WHILE HE WAS BEING PILLORIED AT HOME, “HERE AT THE AMERICAN ACADEMY OF FORENSIC SCIENCES PEOPLE ARE COMING UP TO ME GETTING MY OPINION ON CASES BECAUSE THEY VIEW ME AS ONE OF THE WORLD’S EXPERTS," THE STORY SAID."

DR. CHARLES SMITH TO THE TORONTO STAR;

Two basic questions which have been plaguing me have recently been answered by the Goudge Inquiry;

Question one: How did Dr. Charles Smith get to be hired by the Hospital For Sick Children?

Question Two: How did he (without any qualifications in forensic pathology) come to be Director of the newly formed Ontario Pediatric Forensic Pathology Unity, which was to be housed at the Hospital;

The answers are found in a "witness statement" By Dr. M.J. Phillips which was recently entered into evidence at the Inquiry and can be found on the Inquiry's Web-page under transcripts; (www.goudgeinquiry.ca);

(Witness statements are actually summaries of interviews of a potential witness conducted by Inquiry staff);

Question One:

We learn from the witness statement that Dr. Phillips recruited Dr. Smith and three other pathologists, shortly after being hired as Pathologist in Chief in 1979, to help create "an exceptional academic program, increase scientific research and relieve the workload faced by existing staff.

We are told that: "Dr. Smith, who had completed a year of research with Dr. Phillips and whom Dr. Phillips considered to be well-trained, enthusiastic, promising and well-liked. He was hired around 1981."

Question Two:

Dr. Phillips says that while he conceived the idea of having a specialized forensic unit at the hospital, Dr. Smith essentially picked up the ball and ran with it.

As the statement says: "Dr. Smith assisted Dr. Phillips with preparing the proposal for the (Unit), but Dr. Smith carried the idea forward."

Smith eventually was asked to be the "lead" person on forensic issues within the department and performed "more and more forensic autopsies" during his first ten years at the Hospital before the Unit was established.

"Dr. Smith became more and more involved with Coroner's work over time," the document says.

"Dr. Smith attended meetings at the Coroner’s office, which Dr. Phillips did not attend.

Dr. Phillips was aware that Dr. Smith sat on committees at the (Chief Coroner's Office) that Dr. Phillips was not a party to.

Dr. Phillips had the impression that the people at the (Chief Coroner's Office) had confidence in Dr. Smith and respected him very much.

Dr. Young informed Dr. Phillips that he thought that Dr. Smith would be a good director for the (Unit)"...

"The Coroner's office would not accept any report from (The Hospital) unless Dr. Smith signed off on the report," the statement says. ego,

Stopping here for a moment, Dr. Phillip's statement confirms my theory that Dr. Charles Smith helped create the unit and then skillfully maneuvered himself into the position of Director, with the full support of the Chief Coroner's Office.

Dr. Smith then transformed the Unit - conceived by Phillips as a research centre employing a variety of specialists - into a mainstream centre for forensic pediatric autopsies, which he once testified was the only one of its kind in the world.

He then used the Centre he had helped create to cultivate personal fame and prestige - and the persona of the renowned Dr. Charles Randal Smith.

I had a glimpse into Dr. Smith's ego when I managed to get hold of him for comment after three complaints had been filed against him with the College of Physicians and Surgeons of Ontario.

"Smith also told the Star that he found it ironic that while he was being pilloried at home, “here at the American Academy of Forensic Sciences people are coming up to me getting my opinion on cases because they view me as one of the world’s experts," the story said.

Smith was speaking to the Star from Seattle where he was attending a conference of the American Academy of Forensic Sciences.

One of the world's experts?

I thought of this quote as I listened, with disbelief, to Dr. Smith's evidence to the Goudge inquiry that he was utterly ignorant about forensic pathology and the courts.

In fairness, (two words which I heard a great deal during the inquiry), it is not like the Unit would an utterly new creation outside of the hospital employing hordes of staff.

We learn from Dr. Phillip's witness statement that it was initially a philosophical concept involving existing premises, personnel and facilities.

So it would be unreasonable to suggest that the Chief Coroner's Office should have held a competition and scoured the world to find a director.

But that said, the Coroner's office should at the very least have put someone in charge who was fully qualified and experienced in the practice of forensic pediatric pathology - instead of hiring the largely self-taught Dr. Smith.

Harold Levy...hlevy15@gmail.com;

"System Failure": A Journalist's Perspective;

"THE SYSTEM - AN AMORPHOUS COLLECTIVE OF POLICE, PROSECUTORS, DEFENCE LAWYERS, DOCTORS AND SCIENTISTS - DOES NOT OPERATE WITH THE RUTHLESS EFFICIENCY OF A TV CRIME DRAMA, EVIDENCE AT THE INQUIRY HAS SHOWN. AT TIMES, IT APPEARS FRIGHTENINGLY INEPT, BOTH AT DOING THE WORK THAT IS ITS RAISON D'ETRE AND AT MONITORING ITS OWN PERFORMANCE".

FROM "SYSTEM FAILURE" BY ROBB TRIPP; KINGSTON WHIG-STANDARD;

Several of our readers have suggested that I highlight "System failure" - an analysis of many of the important things that have been learned thus far at the Goudge Inquiry.

The story is by reporter Robb trip who has distinguished himself by his fine reporting on "Sharon's Case" and the larger context involving Dr. Charles Smith and Ontario's badly broken pediatric forensic pathology system, for the Kingston Whig-Standard;

It is particularly relevant in view of the recently filed witness statement in which Dr. Martin Queen says he heard Kingston police making disparaging comments about Sharon's mother during Sharon's autopsy. (See: Kingston Police disparaged Sharon's mother during autopsy; Witness Statement; Sunday Feb. 10, 2009);

"More than 50 days of testimony at a provincial inquiry did not foster any certainty about how Sharon, a seven-year-old Kingston girl, died in a filthy basement 11 years ago," the story begins.

"No certainty, although the case is central to the work of the inquiry as it reviews more than a decade of faulty child-death investigations in Ontario.

There is certainty now about two things.

The pathologist who conducted the autopsy on the mutilated body of the child, Dr. Charles Smith, was stunningly inept and poorly supervised.

The system in which he worked failed miserably in its narrow-minded quest to affix blame for Sharon's death.

"Justice is never going to be served for that little girl," says Lynn Bergeron, a factory worker in Cornwall.

Bergeron lived four doors away from Louise Reynolds and her daughter Sharon on June 12, 1997, the night Sharon's body was found in the basement of her Rosemund Crescent townhouse.

Bergeron took the distraught mother into her home, comforted her and helped search the neighbourhood that night when Sharon could not be found.

"It still haunts me," says Bergeron. "Not a week goes by that I don't think of her."

It frustrates her that the inquiry has deepened, not resolved, the mystery.

"Everyone's forgetting about this little girl," she says.

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The Goudge commission was established by the province after a shocking review by the Office of the Chief Coroner.

It found that Smith, once considered the country's leading expert on suspicious child deaths, made mistakes in 20 cases, including at least a dozen in which wrongful convictions may have occurred.

The inquiry's mandate is to find out what went wrong and offer recommendations to restore public confidence and to fix a badly broken system. It was not charged with uncovering the truth about how 20 children died.

That may never be possible, particularly in Sharon's case.

Louise Reynolds was charged with second-degree murder in June 1997, two weeks after her daughter died.

Sharon had been savaged.

There were more than 80 wounds to her arms, neck and head. A large portion of her scalp was torn from her head and tossed on the floor a metre from her body.

Police theorized that Reynolds, a single mother living on welfare, stabbed her third-born child in a fit of rage over recurring head lice.

Smith was assigned by his boss, chief coroner Dr. James Young, to do the autopsy, he has testified.

Smith had virtually no experience with penetrating injuries or animal attacks, the inquiry heard, although by then he had been doing coroner's autopsies for 16 years.

Smith concluded that Sharon was stabbed to death. When the defence raised the notion that a pit bull terrier that was in the basement that night attacked the child, Smith was unequivocal.

It was "absurd" to suggest a dog had anything to do with the child's death, Smith testified at a preliminary hearing in Kingston in 1998. A judge ordered Reynolds to stand trial for murder.

With that, the justice system bore down on the accused mother, unrelentingly for another three years, until prosecutors withdrew the charge in the face of uncertain forensic evidence.

After a second autopsy, other experts concluded that most of Sharon's injuries were attributable to a dog attack. Smith changed his opinion.

In January 2001, the system released its grip on Reynolds.

For many observers, the story was concluded - a dog did it.

This tidy explanation hasn't satisfied everyone, the inquiry revealed.

Insp. Brian Begbie, one of the key Kingston Police investigators on the case, made it clear he still has doubts about what happened.

"Not one defence expert ... has been able to definitively say all of these wounds - all of these wounds - were caused by a dog," Begbie testified.

Begbie alluded to mountains of other circumstantial evidence the police amassed that was never tested in a courtroom.

There were signs of a cleanup in the basement that night.

There were conflicting accounts from witnesses that the man who owned the pit bull in the basement that night found Sharon's body long before police officers did.

There were conflicting statements about whether Sharon's body was found covered in garbage bags - although no bags covered her when she was found by police.

A large sweatshirt, soaked in blood, was found near Sharon's body.

Begbie still has doubts about the forensic findings. He noted that one of the final experts to consider the evidence, a renowned forensic anthropologist in Tennessee, found marks on Sharon's skull that he didn't think were dog injuries.

"The dog didn't put the marks there, so what did?" Begbie responded under questioning by Peter Wardle, a lawyer who represents Reynolds. Wardle said some experts believe that those marks were made during the first autopsy.

Begbie said police investigated the possibility and were told that no one used a scalpel on the child's skull in the area where the marks appear.

Begbie is not alone in his doubt.

Dr. Robert Wood, a forensic dentist and bite-mark expert who mistook dog injuries for stab wounds when he first considered the case, testified that he still has misgivings.

"I even believe that some of the marks were stab marks in the head," Wood told the inquiry.

Smith did not use his testimony at the inquiry as a chance to permanently distance himself from the mystery of Sharon's death.

Instead, he said he was never convinced that Louise Reynolds was guilty.

"I always recognized that she could have been innocent," Smith testified. "The determination of who was responsible for Sharon's death was not mine."

Begbie also noted, cryptically, that Kingston Police continue to work on the case, although he did not elaborate.

Smith's appearance at the inquiry solidified any remaining doubt about his incompetence. During a week of sometimes solemn, sometimes tearful testimony, the doctor acknowledged his many mistakes.

He apologized profusely and said he was embarrassed and truly sorry. But Smith afforded himself absolution, professing that he didn't know, as he bungled case after case, that he should have been better trained.

"Retrospectively, I didn't realize how extraordinarily limited was my knowledge or expertise and so I didn't recognize how potentially dangerous it was, if I can use that expression, to do that work," Smith testified of his autopsy on Sharon.

The disastrous public failure of the Reynolds prosecution, coupled with several other botched cases, eventually led to the review that exposed Smith's mistakes.

The public inquiry that followed has exposed the failings of the entire system.

Dr. James Young, who was chief coroner from 1990 to 2004, testified that he should have realized sooner that there were serious problems with Smith's work.

Young said that "sadly," he never read a blistering judgment issued by a Timmins judge in 1991, who acquitted a young girl charged with killing a child she was babysitting.

The judge harshly criticized Smith's opinions, which were contradicted by nine other experts. The judgment cast serious doubt on Smith's work. Young testified that he never read the judgment until the Goudge commission began its work.

Eight years after the Timmins case, after another bungled child death investigation involving Smith, Young received a complaint from the father of a Sudbury woman wrongly accused of killing her child, based on Smith's faulty work.

The man quoted the 1991 judgment in his letter of complaint.

Young testified that he read only the first portion of the 1999 letter of complaint.

"So I very likely stopped reading at that point 'cause I have absolutely no recollection, and I was - I think it would be fair to say - dumbfounded in your office when you showed me the [1991] judgment and referred to it the first time," Young told a lawyer for the inquiry.

While Young testified at the inquiry that he read only part of the 1999 letter, that's not what he told the Sudbury man who sent it.

"I have read your brief in detail and considered it very carefully," Young wrote in a May 1999 response entered into evidence at the inquiry.

Eventually, Young dismissed the complaints against Smith.

Young also sought to block the Ontario College of Physicians and Surgeons from hearing complaints against Smith, arguing that the college had no jurisdiction over Smith's work done on contract for the Office of the Chief Coroner.

Eventually the college did hear the complaints, and censured Smith for troubling deficiencies in his work.

There was no detailed investigation of Smith's work until a new chief coroner, Dr. Barry McLellan, was in place.

While Smith's errors are alarming, he was just one component in a process - a justice system in Ontario that grinds through more than half a million criminal prosecutions each year.

The system - an amorphous collective of police, prosecutors, defence lawyers, doctors and scientists - does not operate with the ruthless efficiency of a TV crime drama, evidence at the inquiry has shown.

At times, it appears frighteningly inept, both at doing the work that is its raison d'etre and at monitoring its own performance.

The inquiry heard that:

The branch of the justice system that prosecutes, Crown attorneys, has no central system of monitoring and tracking the performance of expert witnesses. Senior Crown officials rely on word-of-mouth to uncover problems.

In some parts of Ontario, local coroners never attend death scenes. In the Reynolds case, local coroner Dr. Ross McIlquham visited the death scene the morning after Sharon's body was found. He did not get close to the body, pronouncing her dead from a distance.

Local coroners have virtually no forensic training, although they are often the only person with a medical background to visit a death scene. Most are family doctors.

Virtually no one with forensic medical expertise attends at death scenes in Ontario.

Pathologists virtually never attend death scenes, unlike practices in parts of the U.S. and England.

When a two-month-old Belleville boy died in 1992, there was suspicion he had been shaken to death. Examination of his brain was important, yet staff at Kingston General Hospital accidentally destroyed the brain before it could be microscopically examined. No one took responsibility for placing the brain in a bucket of water, rather than preservative. Despite this significant error, the child's father was convicted in the boy's death.

The death of a four-month-old Trenton boy in 1996, Joshua, was investigated by a police officer with no experience in suspicious deaths. The officer testified that he'd never even been to an autopsy before he watched Smith examine Joshua.

The inquiry also heard that Smith operated in an unattractive and highly specialized field. Few doctors seek to specialize in forensic medicine and, although a certification system is in the works, there is still no formal accreditation and education process for forensic pathologists in Canada.

The inquiry will now conduct 11 days of round-table discussions on systemic issues..."


As I said in the previous posting:

"It boggles this Blogster's mind that the Kingston force cannot admit that it made a horrible mistake that put a grieving mother and her family through hell, refuses to learn whatever it can from the experience, and is unable to just get on with it."

For shame!

Harold Levy...hlevy15@gmail.com;