UPDATE: DOG SCENT EVIDENCE; GARY BENNETT: THE FOURTH INNOCENT AMERICAN TO BE PROVEN WRONGLY CONVICTED BECAUSE OF BASELESS DOG-SCENT EVIDENCE?

"IT'S IMPORTANT TO NOTE THE CONTINUING PATTERN OF USING INFORMANTS AND FRAUDULENT EXPERTS TO MANUFACTURE EVIDENCE WHERE THERE IS NO EVIDENCE," SAID SETH MILLER, EXECUTIVE DIRECTOR OF THE INNOCENCE PROJECT OF FLORIDA.

BOTH MILLER AND CASTELEIRO ARE COLLABORATING WITH CENTURION MINISTRIES, WHICH HAS WORKED TO FREE MORE THAN 40 PEOPLE SINCE 1980 WITH THE HELP OF DNA EVIDENCE.

PRESTON, WHO IN 1984 WAS EXPOSED AS A FRAUD, TESTIFIED THAT HIS DOG LINKED BENNETT'S SCENT TO THE ITEMS USED TO KILL NARDI, EVEN THOUGH CRIME SCENE TECHNICIANS HAD PRESERVED THE WEAPONS WITH STRONG-SMELLING CHEMICALS.

DURING ANOTHER "SCENT LINEUP," THE DOG STOPPED AND URINATED ON WASHCLOTHS SATURATED WITH BLOOD, INCLUDING ONE GATHERED FROM THE CRIME SCENE. THAT RUINED THE EVIDENCE."

JOHN TORRES: FLORIDA TODAY;

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Background: This Blog has been delving into the havoc caused by the late John Preston and his magical dog who could purportedly trace scents across water. The focus is also on Deputy Keith Pikett, another so-called dog-scent "specialist", a canine officer with the Fort Bend County Sheriff's Office, just southwest of Houston. Time Magazine has reported on two apparent miscarriages of Justice involving Pikett; The first case studied involves Calvin Lee Miller, who was charged with robbery and sexual assault after Pikett's bloodhounds alerted police to a scent on sheets that Pikett said matched a scent swipe from Miller's cheek. DNA evidence later cleared Miller, but only after he served 62 days in jail. In a second case, former Victoria County Sheriff's Department Captain Michael Buchanek was named as a "person of interest" in a murder case after Pikett's bloodhounds sped 5.5 miles from a crime scene, tracking a scent to Buchanek's home. Another man later confessed to the murder. A recent post to this Blog indicates that Bill Dillon, who freed after 22 years behind bars (and put there after dog-handler John Preston manufactured evidence to "tie" him to the crime) can be considered case is a third person wrongly convicted on the basis of dog-scent so-called evidence - and the Innocence Project believes that Gary Bennett, who has been behind bars for 25 years, will likely prove to be proven by real science to be the fourth. But this Blog is also concerned about the fifth, sixth, seventh and eighth and who knows how many other innocent people were wrongly convicted on the evidence of John Preston and Keith Pikett. This failure of the criminal justice system to protect people from junk science and pseudo-experts such as Preston and Pikett raises several hugely important question: If state officials are unwilling to restore confidence in their justice systems by aggressively rooting out the wrongful convictions and redressing the individuals who have suffered from them, why haven't the FBI and other and other federal agencies plunged into the task. And why haven't the jurisdictions involved acted with haste to order independent public reviews to satisfy the public that the lapses of their judges and public servants are not being swept away from public view?

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"Lawyers for a Brevard County man convicted of murder in 1984 are asking a court to approve DNA testing they hope will overturn another Brevard conviction that relied partly on testimony from a fraudulent dog handler and jailhouse snitches," John Torres' November 2, 2009 "Florida Today" story on the Gary Bennett case begins.

"Gary Bennett was found guilty and sentenced to life in prison for the murder of his neighbor, Helen Nardi," the story, published under the headline "Convicted Brevard killer wants DNA testing" continues.

"He maintains his innocence. He passed a lie detector test and could not be tied to the case by a rape kit examination. Several people testified that he was elsewhere when Nardi was sexually assaulted and murdered.

"We're very hopeful the judge will grant the motion," said Paul Casteleiro, a New Jersey attorney representing Bennett. "We feel we have a strong case for innocence here."

In 2004, DNA evidence overturned the rape conviction of Wilton Dedge. Last year, the state dropped charges against William Dillon after DNA testing excluded him from a key piece of evidence in the original case against him.

Both men spent more than 20 years in prison.

In both cases, prosecutors used discredited dog handler John Preston and jailhouse snitches, who were promised reduced sentences for their testimony.

In their 80-page motion seeking DNA testing, Bennett's lawyers say Nardi's murder investigation was plagued by shoddy police work and questionable tactics by the Brevard-Seminole State Attorney's Office.

Nardi was 55 when she was stabbed to death with an ice pick, a pair of scissors and possibly a steak knife and a screwdriver.

Records in the case indicated that she was having regular sexual relations with her 65-year-old son-in-law, a man who married Nardi's 16-year-old daughter when he was 53.

The state allowed the marriage to spare Nardi's daughter from being put into the child welfare system because Nardi allegedly sold her for sexual favors to pay the rent.

The son-in-law, Kermit Parkins, was never considered a suspect in the case despite the unusual relationships. Later, police discovered that Parkins used to rent a trailer from the lead investigator in the case, Palm Bay police Detective Leroy Dunning.

In the Dillon case, the lead investigator had sex with a key witness.

In 1983, Circuit Judge John Antoon said, "Police misconduct was flagrant" in the Bennett case.

Bennett's legal team also is questioning prosecutors' efforts to reduce the prison sentence of rapist Kenneth Plemmons in exchange for his testimony against Bennett. Plemmons, who confessed to raping a 15-year-old girl at gunpoint, testified that Bennett confessed to the Nardi murder while in the county jail.

But Circuit Judge Tom Waddell said he could not "in good conscience" reduce Plemmons' sentence.

The judge later sent a letter to then-State Attorney Doug Cheshire, chastising his office for relying on jailhouse informants and promising them reduced sentences.

"It's important to note the continuing pattern of using informants and fraudulent experts to manufacture evidence where there is no evidence," said Seth Miller, executive director of the Innocence Project of Florida.

Both Miller and Casteleiro are collaborating with Centurion Ministries, which has worked to free more than 40 people since 1980 with the help of DNA evidence.

Preston, who in 1984 was exposed as a fraud, testified that his dog linked Bennett's scent to the items used to kill Nardi, even though crime scene technicians had preserved the weapons with strong-smelling chemicals.

During another "scent lineup," the dog stopped and urinated on washcloths saturated with blood, including one gathered from the crime scene. That ruined the evidence.

Evidence from the crime scene shows that Nardi had sex less than a few hours before the murder. During Bennett's trial, prosecutors said the sexual assault was the motive for the murder.

Bennett's lawyers want modern technology used to test swabs taken from the victim that may have semen on them as well as a swab of blood found on the refrigerator door, away from the where police said the murder happened.

The Bennett case is being handled by a prosecutor from Orlando. State Attorney Norman Wolfinger, who oversees Brevard County prosecutions, disqualified his office from working on the case because he briefly represented Bennett while he was a public defender."

This story can be found at:

http://www.floridatoday.com/apps/pbcs.dll/article?AID=2009911020309

UPDATE: DOG-SCENT EVIDENCE; SCOTT MAXWELL (ORLANDO SENTINEL) SEES MORE PUBLIC ATTENTION - BUT FEW SIGNS OF POLITICAL WILL TO REMEDY INJUSTICE;

Background: This Blog has been delving into the havoc caused by the late John Preston and his magical dog who could purportedly trace scents across water. The focus is also on Deputy Keith Pikett, another so-called dog-scent "specialist", a canine officer with the Fort Bend County Sheriff's Office, just southwest of Houston. Time Magazine has reported on two apparent miscarriages of Justice involving Pikett; The first case studied involves Calvin Lee Miller, who was charged with robbery and sexual assault after Pikett's bloodhounds alerted police to a scent on sheets that Pikett said matched a scent swipe from Miller's cheek. DNA evidence later cleared Miller, but only after he served 62 days in jail. In a second case, former Victoria County Sheriff's Department Captain Michael Buchanek was named as a "person of interest" in a murder case after Pikett's bloodhounds sped 5.5 miles from a crime scene, tracking a scent to Buchanek's home. Another man later confessed to the murder.

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Scott Maxwell's recent assessment is set out in a commentary which appeared in the Orlando Sentinel on November 10, 2009, under the heading, "Miscarriages of justice: Rotten dog cases getting more light."

"In the past few weeks, the cases of miscarried justice in Brevard County -- all connected to a fraudulent dog-handler -- have started getting more attention ... some of it international," the commentary begins.

"Two things have put this matter back in the spotlight," it continues.

"1) Bill Dillon, freed after 22 years behind bars (and put there after dog-handler John Preston manufactured evidence to "tie" him to the crime), is now seeking restitution for his wrongful imprisonment. And, as part of the process, one of the jailhouse snitches whose testimony also helped convict Dillon has admitted he lied -- and that investigators told him to do so. This very belatedly prompted the Brevard sheriff's office to re-open this decades-old case. (Let's hope Sheriff Jack Parker's motives are pure here ... and that he's truly looking for answers -- and not some sort of twisted way of justifying Brevard's history of fraudulent activity. Residents obviously have reason to be skeptical.) Florida Today praised Parker for looking at this -- but asked the question I have been asking for months: Where are the two men who supposedly care about justice and corruption in this state? Charlie Crist and Bill McCollum. They seem content to let miscarriages of justice continue and potentially innocent men to continue to sit in jail. (Inmates, after all, don't have very deep pockets when it comes to campaign contributions.)

2) The legal process to get DNA testing for Gary Bennett -- another man who has been behind bars for more than 25 years -- has begun. Both the Innocence Project and Centurion Ministries believe he will be the fourth man proven by science to have been wrongly convicted in connection with this dog-handler. (And the Centurion Ministries has prevailed in something like 80-90 percent of the cases it has pursued.)

Between these two stories, news of the mess in Brevard has gone international. I've seen it carried everywhere from Canada to Europe. Even the author of the syndicated "News of the Weird" (Churck Shepherd) has begun following the cases ... because it apparently strikes him as "weird" that things could get -- and remain -- this out of hand.

Among the few who apparently don't find any of this weird or troubling -- at least enough so to do anything serious about it -- are Crist, McCollum and State Attorney Norm Wolfinger."

The commentary can be found at:

http://blogs.orlandosentinel.com/news_local_namesblog/2009/11/miscarriages-of-justice-rotten-dog-cases-getting-more-light.html

Harold levy...hlevy15@gmail.com;

UPDATE; CAMERON TODD WILLINGHAM CASE; GUARDIAN SAYS TEXANS ARE LOSING FAITH IN CAPITAL PUNISHMENT;

"RECENT ATTENTION HAS FOCUSED ON A HIGH PROFILE CASE WHICH MAY BECOME THE FIRST OFFICIALLY ACKNOWLEDGED MISCARRIAGE OF JUSTICE WHICH LED TO A MAN BEING EXECUTED.

THE GOVERNOR OF TEXAS, RICK PERRY, HAS BEEN ACCUSED OF GERRYMANDERING A COMMISSION EXAMINING THE EVIDENCE AGAINST CAMERON TODD WILLINGHAM WHO WAS EXECUTED IN 2004 FOR THE MURDER OF HIS THREE YOUNG DAUGHTERS IN AN ARSON ATTACK ON HIS HOME. PERRY ABRUPTLY REPLACED THE CHAIRMAN OF THE TEXAS FORENSIC SCIENCE COMMISSION AS IT WAS ABOUT TO HOLD HEARINGS INTO A REPORT BY ITS OWN EXPERT, WHO DESCRIBED THE CONVICTION AS BASED ON "JUNK SCIENCE". THE NEW CHAIRMAN CALLED OFF THE HEARING."

CHRIS MCGREAL; THE GUARDIAN;

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Background: (Wikipedia); Cameron Todd Willingham (January 9, 1968 – February 17, 2004), born in Carter County, Oklahoma, was sentenced to death by the state of Texas for murdering his three daughters—two year old Amber Louise Kuykendall, and one year old twins Karmon Diane Willingham and Kameron Marie Willingham— by setting his house on fire. The fire occurred on December 23, 1991 in Corsicana, Texas. Lighter fluid was kept on the front porch of Willingham’s house as evidenced by a melted container found there. Some of this fluid may have entered the front doorway of the house carried along by fire hose water. It was alleged this fluid was deliberately poured to start the fire and that Willingham chose this entrance way so as to impede rescue attempts. The prosecution also used other arson theories that have since been brought into question. In addition to the arson evidence, a jailhouse informant claimed Willingham confessed that he set the fire to hide his wife's physical abuse of the girls, although the girls showed no other injuries besides those caused by the fire. Neighbors also testified that Willingham did not try hard enough to save his children. They allege he "crouched down" in his front yard and watched the house burn for a period of time without attempting to enter the home or go to neighbors for help or request they call firefighters. He claimed that he tried to go back into the house but it was "too hot". As firefighters arrived, however, he rushed towards the garage and pushed his car away from the burning building, requesting firefighters do the same rather than put out the fire. After the fire, Willingham showed no emotion at the death of his children and spent the next day sorting through the debris, laughing and playing music. He expressed anger after finding his dartboard burned in the fire. Firefighters and other witnesses found him suspicious of how he reacted during and after the fire. Willingham was charged with murder on January 8, 1992. During his trial in August 1992, he was offered a life term in exchange for a guilty plea, which he turned down insisting he was innocent. After his conviction, he and his wife divorced. She later stated that she believed that Willingham was guilty. Prosecutors alleged this was part of a pattern of behavior intended to rid himself of his children. Willingham had a history of committing crimes, including burglary, grand larceny and car theft. There was also an incident when he beat his pregnant wife over the stomach with a telephone to induce a miscarriage. When asked if he had a final statement, Willingham said: "Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby." However, his final words were directed at his ex-wife, Stacy Willingham. He turned to her and said "I hope you rot in hell, bitch" several times while attempting to extend his middle finger in an obscene gesture. His ex-wife did not show any reaction to this. He was executed by lethal injection on February 17, 2004. Subsequent to that date, persistent questions have been raised as to the accuracy of the forensic evidence used in the conviction, specifically, whether it can be proven that an accelerant (such as the lighter fluid mentioned above) was used to start the fatal fire. Fire investigator Gerald L. Hurst reviewed the case documents including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene. Hurst said, "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire." Two days before the Forensic Science Commission was to question Beyler in a public forum, the governor replaced its chairman and two other members whose terms were up. That forced the commission to delay the hearing so new members could read up on the case, and no new date has been set. Perry has since replaced a third member of the commission.

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"Even in Texas they are having their doubts," the November 15, 2009, Guardian story by writer Chris McGreal begins, under the heading "Texas accounts for half of executions in US but now has doubts over death row" and the sub-heading "Overturned convictions and growth of DNA forensic evidence shake state's rock-solid faith in capital punishment."

"The state that executes more people than any other by far – it will account for half the prisoners sent to the death chamber in the US this year – is seeing its once rock-solid faith in capital punishment shaken by overturned convictions, judicial scandals and growing evidence that at least one innocent man has been executed," the story continues.

"The growth of DNA forensic evidence has seen nearly 140 death row convictions overturned across the US, prompting abolition and moratoriums in other states that Texas has so far resisted.

But the public mood is swinging in the conservative state, which often seems to have an Old Testament view of justice. A former governor, Mark White – previously a strong supporter of the death penalty – has joined those calling for a reconsideration of capital punishment because of the risk of executing an innocent person.

The number of death sentences passed by juries in Texas has fallen sharply in recent years, reflecting a retreat from capital punishment in many parts of America after DNA evidence led to the release of scores of condemned prisoners.

The number of death sentences passed annually in the US has dropped by about 60% in the past decade, to around 100.

"In Texas we have seen a constant stream of individual cases that really destroy public faith and integrity in our criminal justice system," said Steve Hall, former chief of staff to the Texas attorney general for eight years, who is now an anti-death penalty activist.

"You are seeing that scepticism reflected in a lot of different ways. You are seeing juries more reluctant to issue death sentences. You are also seeing a different approach by district attorneys. Some are breaking with the past culture of seeking the death penalty whenever they can."

A fortnight ago, two men sentenced to death and life in prison for the murder of four teenagers in 1991 were cleared after sophisticated forensic tests from the crime scene did not match either man.

Other prisoners are also being released after DNA evidence. In Dallas county alone, 24 people have been exonerated and the new district attorney has created a conviction integrity unit to examine other suspected miscarriages of justice.

Recent attention has focused on a high profile case which may become the first officially acknowledged miscarriage of justice which led to a man being executed.

The governor of Texas, Rick Perry, has been accused of gerrymandering a commission examining the evidence against Cameron Todd Willingham who was executed in 2004 for the murder of his three young daughters in an arson attack on his home. Perry abruptly replaced the chairman of the Texas Forensic Science Commission as it was about to hold hearings into a report by its own expert, who described the conviction as based on "junk science". The new chairman called off the hearing.

Other states have moved swiftly to address concerns about potential miscarriages of justice.

The release of four men in New Mexico prompted the governor, Bill Richardson, to abolish the death penalty in the state earlier this year, saying: "I do not have confidence in the criminal justice system as it currently operates to be the final arbiter when it comes to who lives and who dies for their crime."

Six years ago, the governor of Illinois declared a moratorium on the death penalty after realising that the state had freed more men from death row than it had executed since 1976.

Death penalty supporters in Texas claim the numerous appeal processes protect against a wrongful conviction. "No one who's involved in criminal prosecution has ever claimed they are absolutely perfect," said Dudley Sharp, founder of a Texas victims rights group, Justice For All. "But with the death penalty in the United States you have a system that protects innocence to a greater degree than a life sentence ever could."

But Hall says the highly politicised judicial system in Texas, with elected prosecutors and judges, is part of the problem. "One of the problems with having an elected judiciary is that you end up with judges who have to become good politicians. That means appealing to the voters. The presiding judge on the court of criminal appeals, Sharon Keller, ran as a pro-prosecution judge. That was her phrase," he said.

Keller - known has Sharon Killer to her critics because of her enthusiasm for the death penalty - is at the centre of a controversy that has further undermined confidence in the death penalty, after she refused to keep a court office open after 5pm to allow a last-minute appeal for a stay of execution while the supreme court decided on another case that affected all executions in Texas. The convict, Michael Richard, was executed hours later.

Keller is awaiting a verdict from the State Commission on Judicial Conduct on charges of dereliction of duty.

Earlier this year, Keller turned down an appeal from a man on the brink of execution, despite revelations that the judge and prosecutor at his trial had been having an affair."

The story can be found at:

http://www.guardian.co.uk/world/2009/nov/15/texas-death-penalty-execution-us

Harold Levy; hlevy15@gmail.com;

UP-DATE: DELASHMITT/VANN; CONTROVERSIAL TENNESSEE PATHOLOGIST CONNECTED WITH TWO POSSIBLE WRONGFUL CONVICTIONS CHARGED WITH PRESCRIPTION DRUG FRAUD;

"TOOLSIE WAS SUSPENDED IN FEBRUARY OVER HIS HANDLING THE CASE OF A 14 MONTH OLD CHILD WHO DIED IN MCMINN COUNTY.

TOOLSIE RULED THAT ANGEL DELASHMITT DIED IN 2003 FROM SHAKEN BABY SYNDROME AFTER SHE WAS SEXUALLY ASSAULTED. BUT TWO OTHER PATHOLOGISTS REVIEWED THE AUTOPSY AND RULED THE CHILD WAS NOT SEXUALLY ABUSED AND DIED FROM DROWNING.

TOOLSIE WAS ORDERED AT THE TIME TO TAKE A COURSE ON PRESCRIBING AND A COURSE ON MEDICAL RECORDS."

WRCB TV; (TENNESSEE); 12 NOVEMBER, 2009;

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Background: This Blog is following several cases involving former Tennessee Medical Examiner Ronald Toolsie - including Mitchell Delashmitt and Gussie Vann. Forensic experts accuse Toolsie of botching the autopsy of 14-month-old Angel Delashmitt, who was found dead in a McMinn County pond in 2003. Angel's father is charged with raping and killing the infant and is awaiting trial. Death row inmate Vann was granted a new trial after a judge ruled his defense attorneys did not provide an adequate challenge to claims that he raped and murdered his 8-year-old daughter in 1992. Vann was granted a new hearing after forensic experts testified there were flaws in the state's handling of evidence following Vann’s daughter’s death, which was originally reported as an accidental hanging. The experts said there were no signs of sexual abuse as originally reported in the autopsy prepared by former medical examiner Toolsie.

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HAMILTON COUNTY (WRCB) -- "The Tennessee Bureau has arrested a former medical examiner and pathologist after he was indicted on multiple counts of fraudulent activities involving prescription drugs by a Hamilton County Grand Jury," WRCB TV reported on November 12, 2009, in a story which ran on November 12, 2009, under the heading, "former medical examiner arrested."


"Dr. Ronald Toolsie, 50, 2049 Igou Crossing Drive, Chattanooga, TN was indicted on one count of Unlawful Distribution of a Controlled Substance, one count of Failure to Keep Required Records of Controlled Substances and one count of Obtaining a Controlled Substance by Fraud on October 28, 2009," the story continued.

"Toolsie was an active medical examiner and did not have a medical practice. TBI opened its investigation into Toolsie’s prescription activities in November of 2006.

Toolsie surrendered his DEA registration in 2006. Health Related Boards previously suspended his license earlier this year.

Toolsie was booked into the Hamilton County Jail and posted a $5,000 bond.

Toolsie was suspended in February over his handling the case of a 14 month old child who died in McMinn County.

Toolsie ruled that Angel Delashmitt died in 2003 from shaken baby syndrome after she was sexually assaulted. But two other pathologists reviewed the autopsy and ruled the child was not sexually abused and died from drowning.

Toolsie was ordered at the time to take a course on prescribing and a course on medical records."

The story can be found at:

http://www.wrcbtv.com/Global/story.asp?S=11492639

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Our most recent post on the Delashmitt case ran on September 2, 2009, as follows:

"The Daily Post Athenian reports that Mitchell Delashmitt's trial, set to begin next week, has been moved to Nov. 30.

"A trial for Mitchell Delashmitt, who is accused in the 2003 death of his infant daughter, was set to have begun on Tuesday but now has been moved to Nov. 30," the story, by reporter Jeremy Belk, begins.

"Delashmitt was released on a $15,000 bond in February 2007 after being held in the McMinn County Justice Center since June 2003 in the murder and rape of his 14-month-old daughter, Angel," the Sept. 2, 2009 story continues.

"He was also being held on charges of child abuse and abuse of a corpse. He had been held on $100,000 prior to the bond being lowered. Criminal Court Judge Carroll Ross said Delashmitt had to stay in McMinn and Meigs counties but could travel to Knoxville to see his lawyer.

Members of the 10th Judicial District Attorney's office said Tuesday the case had been rescheduled at the defense's request.

Delays have stemmed from court proceedings revolving around the legality of a statement Delashmitt gave to investigators days following the death of his daughter.

According to initial reports, Delashmitt said he had been watching his daughter and fell asleep. He was later awakened by a neighbor who stopped by and noticed the girl was missing. She was found later in a nearby pond.

However, Delashmitt later made a statement detailing how he had raped the 14-month-old and she later died after being shaken to be quiet.

The defense has claimed Delashmitt was denied proper representation at the time the statement was given.

Ross ruled the statement was not admissible in court. Later, an appeals court upheld that ruling.

In a January 2008 Court of Criminal Appeals report on the State of Tennessee v. Mitchell Delashmitt, Judge James Curwood Witt Jr., wrote that Delashmitt's right to counsel under both the Fifth and Sixth Amendments had been violated. He said the statement given by Delashmitt was obtained in violation of the defendant's right to a prompt judicial determination of probable cause under both Rule 5 of the Tennessee Rules of Criminal Procedure and the Fourth Amendment.

Witt wrote, "Further, the record mandates the suppression of the defendant's statement on a number of grounds."

The judge's opinion affirms the judgment of the trial court suppressing Delashmitt's statement made to investigators.

The autopsy report by former Medical Examiner Ronald Toolsie has also come into question. In the past few years, several autopsies performed by Toolsie have come under scrutiny.

According to the Court of Appeals opinion on the case, several professional witnesses for the defense contested Toolsie's report that Angel Delashmitt had been raped and died from shaken baby syndrome. Doctors for the defense gave statements about medical conditions that could have led to Toolsie's report of rape. They also said certain aspects of an autopsy where not done by Toolsie which could have changed the results of the autopsy.

In February 2009, the Tennessee Board of Medical Examiners suspended Toolsie's license on the grounds of unprofessional, dishonorable, or unethical conduct.

The report found on the Tennessee Department of Health Web site states Toolsie must meet certain terms and conditions before his license can be reinstated and must appear before the board in person."

The story can be found at:

http://www.dailypostathenian.com/dynamic/News/Story/158065

Harold Levy...hlevy15@gmail.com;

Labels: delashmitt, gussie vann, ronald toolsie

BREAKING NEWS; SMITH CHARGED WITH PROFESSIONAL MISCONDUCT BY ONTARIO COLLEGE. FORMER CHIEF CORONER JAMES YOUNG REMAINS UNDER INVESTIGATION.

"DR. SMITH IS INCOMPETENT, FELL BELOW THE STANDARD OF CARE AND ENGAGED IN DISGRACEFUL, DISHONOURABLE OR UNPROFESSIONAL CONDUCT IN HIS PRACTICE OF PATHOLOGY AND HIS WORK PROVIDING EXPERT EVIDENCE THERETO."

FORMAL ALLEGATION MADE AGAINST DR. CHARLES SMITH BY COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO;

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Dr. Charles Randal Smith has been served a notice of hearing which requires him to appear before a tribunal of the College of Physicians and Surgeons of Ontario to face charges of professional conduct, this Blog has learned.

The notice, dated October 19, 2009, charges that he acted unprofessionally by failing "to maintain the standard of practice of the medical profession" and by engaging "in conduct or an act or omission relevant to the practice of medicine that, having regard to all of the circumstances, would be regarded by members as disgraceful, dishonourable or unprofessional."

The notice also alleges that Smith, who has been connected with numerous misdiagnoses which led to miscarriages of justice, is "incompetent."

It gives no details of the alleged infractions other than to say: "Dr. Smith is incompetent, fell below the standard of care and engaged in disgraceful, dishonourable or unprofessional conduct in his practice of pathology and his work providing expert evidence thereto."

The notice, dated October 19, 2009, sets out the range of sanctions members found guilty of professional misconduct are exposed to, ranging from revocation of the certificate which allows them to practice medicine to fine and reprimand.

A note relating to Smith on the College web-site tells us that, "Allegations of Dr. Smith's professional misconduct and incompetence have been referred to the Discipline Committee of the College."

The College also discloses on its site that Smith's registration status in Ontario expired on August 9, 2008, when he failed to renew his membership - and that there are "no past findings of the Discipline or Fitness To Practise Committee."

(No mention is made of findings of professional misconduct in three separate cases which later played a prominent role at the Goudge Inquiry because, in spite of disturbing findings by three independent assessors, the reprimand sanction imposed was not considered serious enough to be publicly recorded on the College site.)

The College also tells us "No findings reported since June 4, 2009" in an apparent reference to the decision to try Smith before a discipline tribunal.

Although Smith is not currently practicing medicine in Ontario, it appears to this humble bloggist that the College is doing its best to insure that he will never be able to practice here in the future.

That's understandable given the criticism the College has been exposed to for imposing minimal sanctions on Smith on the three cases referred to above - when it had the opportunity to protect the public by removing him or at least imposing tight controls on his practice - and given the fact that it had to be forced by an administrative body to take action against him.

Commissioner Stephen Goudge, who's public inquiry centered around the role Smith played in Ontario's forensic pediatric pathology system, found that former Chief Coroner Dr. James Young had asked the College not to take on the three complaints. This Blog has also learned that Young remains under investigation by the College.

Smith was found guilty of professional misconduct by Saskatchewan's College in 2007 after entering a guilty plea to a charge that he provided false or misleading information to the College when applying for a licence to practise medicine.

He received a reprimand and was required to pay the costs of the investigation for failing to disclose that he had come under investigation in Ontario.

Smith will now have the opportunity to obtain a lawyer and receive disclosure about the allegations which have been brought against him here before a date is set for the hearing.

The College's web-page on Smith can be found at:

http://www.cpso.on.ca/docsearch/details.aspx?view=1&id=%2031811

Harold Levy...hlevy15@gmail.com;

UP-DATE; ONE YEAR AFTER RELEASE OF GOUDGE REPORT; MAURICE GAGNON'S REQUEST FOR INFORMATION ON COMPENSATION MET BY WALL OF SILENCE FROM GOVERNMENT;

"WHILE THE PARTICULAR RECOMMENDATION ABOUT COMPENSATION MAY HAVE COME OUT OF THE GOUDGE INQUIRY, ADDRESSING THAT RECOMMENDATION IS AN UNDERTAKING OF THE MINISTRY OF THE ATTORNEY GENERAL. AS SUCH, I AM NOT IN A POSITION TO ADDRESS YOUR REQUEST. NEVERTHELESS, I HAVE TAKEN THE LIBERTY OF FORWARDING YOUR CORRESPONDENCE TO THE HONOURABLE CHRIS BRADLEY, ATTORNEY GENERAL, SO THAT HE MAY BE AWARE OF YOUR COMMENTS. I TRUST THE ATTORNEY GENERAL WILL GIVE CONSIDERATION TO THE CONCERNS YOU ADDRESS."

THE HONOURABLE RICK BARTOLUCCI; MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES (FORMERLY CALLED MINISTRY OF THE SOLICITOR GENERAL) IN LETTER TO MAURICE GAGNON;

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As noted in a recent post, Maurice Gagnon's requests to the Ontario government for information about the compensation process it has pledged to set up for Dr. Charles Smith's victims have been met by a wall of silence.

This must be particularly disturbing to Maurice Gagnon who fought for years to expose Dr. Smith's nefarious involvement in his daughter's case - and who was brushed off time after time by the Chief Coroner - and even the Solicitor General of the time.

As Commissioner Stephen Goudge noted in his report, after Maurice Gagnon filed a 20-page complaint against Smith with the Coroner's Council, "Indeed, there is no evidence that Dr. (James) Young (then Chief Coroner of Ontario) took any measures to investigate the details of Mr. Gagnon's concerns about Dr. Smith's practices in Nicholas' case."

(There was evidence that Dr. Young actively tried to thwart complaints that Mr. Gagnon and two other complainants had attempted to launch against Smith with the Ontario College of Physicians and Surgeons.)

Goudge also noted in his report that Maurice Gagnon's complaint about Smith to the Solicitor General - the same Ministry that has sluffed off his inquiries about compensation - was dismissed in a reply drafted by Young, who also held the position of assistant deputy minister of public safety.

Justice Goudge unequivocally ruled that: "The Solicitor General's response to Mr. Gagnon's complaint, drafted by Dr. Young, was substantively inaccurate."

And now the current "Solicitor General" has passed the buck on Maurice Gagnon's incredibly polite, measured and sincere inquiry about compensation to Attorney General Chris Bradley who has thus far remained silent - and Maurice Gagnon must indeed wonder if anything has changed in the year since Justice Goudge released his report.

Here is the correspondence between Maurice Gagnon and Rick Bartolucci, MPP Sudbury, who is head of the the renamed Ministry of the Solicitor General - Ministry of Community Safety and Correctional Services, commencing with Gagnon's letter dated 23 April, 2009,

"Dear Rick; RE: Goudge Inquiry Report/Compensation;

Ours is one the many families victimized by the reckless and malicious actions of pathologist Charles Smith and your Office of the Chief Coroner, in their investigation of pediatric deaths, including our Nicholas.

Judge Goudge presented his findings some seven (7) months ago. In keeping with an Inquiry recommendation, the Attorney General appointed a three person committee (December 2008), headed by retired Judge Coulter Osborne, to explore compensation for the acknowledged victims.

This initiative by the Government gave everyone a guarded sense of optimism that justice would finally be served. However, it has been over four months since this appointment, without a single word from the compensation committee or the AG. Optimism has been tempered with justifiable apprehension.

Could you provide an update on the status of the compensation committee’s work, when it may be reporting recommendations to the AG, and, finally, when can we (the victims) expect to be contacted, or at least apprised of a time frame for resolution.

Sincerely: Maurice Gagnon;

Here is Bartolucci's response to Maurice Gagnon, dated June 1, 2009:

"Response from Rick Bartolluci; MPP Sudbury Ministry of Correctional Safety and Community Services.

Dear Mr. Gagnon.

Thank you for your letter of April 23, 2009, requesting an update on the status of proposed compensation for families who were victimized as a result of the actions of Dr. Charles Smith. I am pleased to respond.

I appreciate your bringing this to my attention, however, as you state in your letter. the compensation package is being formulated by the committee appointed by the Attorney General. While the particular recommendation about compensation may have come out of the Goudge Inquiry, addressing that recommendation is an undertaking of the Ministry of the Attorney General. As such, I am not in a position to address your request. Nevertheless, I have taken the liberty of forwarding your correspondence to the Honourable Chris Bradley, Attorney General, so that he may be aware of your comments. I trust the Attorney General will give consideration to the concerns you address.

Again, thank you for writing; Sincerely. Rick Bartolucci;

Maurice Gagnon informed the writer earlier today that he has neither heard from Attorney General Bradley, or from Premier Dalton McGuinty, to whom he sent a similar letter.

Premier McGuinty has already played an important public role in coming to grips with the enormous mess left by Dr. Charles Smith and his superiors in the Coroner's Office by calling for the public inquiry and appointing Justice Goudge as Commissioner.

He can now perform another important role by intervening on behalf of Dr. Smith's many victims and ordering his ministers to commence the compensation process without delay - in a clear and public manner.

Harold Levy...hlevy15@gmail.com;

UP-DATE: CHARLES SMITH; ONE YEAR LATER; WHERE IS THE PROMISED COMPENSATION? A SUDBURY FAMILY ASKS; ONTARIO GOVERNMENT PUT ON THE SPOT...

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"GAGNON WROTE A LETTER TO THE GOVERNMENT BACK IN APRIL ASKING FOR AN UPDATE ON THE STATUS OF THE COMPENSATION COMMITTEE'S WORK.

HE WROTE THE FORMATION OF THE COMMITTEE "GAVE EVERYONE A GUARDED SENSE OF OPTIMISM THAT JUSTICE WOULD FINALLY BE SERVED."

HE ADDED, HOWEVER, THE LENGTH OF TIME THAT PASSED "WITHOUT A SINGLE WORD FROM THE COMPENSATION COMMITTEE OR THE ATTORNEY GENERAL" HAS CAUSED OPTIMISM TO BE "TEMPERED WITH JUSTIFIABLE APPREHENSION.""

REPORTER RACHEL PUNCH; SUDBURY STAR;

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"It has been almost a year since the province formed a committee to explore compensating innocent people wrongly accused and convicted in child deaths because of a pathologist's flawed work," the Sudbury Star story by reporter Rachel Punch begins, under the heading, "Still waiting for justice" and the sub-heading, "POLITICS: Family that helped expose pathologist Dr. Charles Smith wants word on compensation for victims Still waiting for justice."

"A Sudbury family pivotal in halting the career of Dr. Charles Smith is disappointed it is taking so long for the committee to do its work and for the government to act," the November, 7, 2009, story continues.

"Maurice Gagnon spent more than $237,000 -- his retirement savings -- to defend his daughter Lianne Thibeault, who was wrongly accused in 1995 of killing her infant son, Nicholas.

Thibeault's case was one of 20 child-death investigations Smith was found to have made mistakes in. A five-month judicial inquiry into the practice of pediatric forensic pathology was undertaken last year.

Justice Stephen Goudge, who presided over the inquiry, urged the province to see if a viable compensation process could be set up. The recommendation was made in Goudge's final report, released in October 2008.

In December 2008, the province formed a committee, led by former integrity commissioner Coulter Osborne, to consider the viability of a compensation process.

The committee has still not reported back to the Attorney General's office.

"We look forward to receiving the committee's advice as soon as possible so we can proceed in the fairest and fastest way possible," said Brendan Crawley, a spokesperson for the Ministry of the Attorney General, on Wednesday.

Gagnon wrote a letter to the government back in April asking for an update on the status of the compensation committee's work.

He wrote the formation of the committee "gave everyone a guarded sense of optimism that justice would finally be served."

He added, however, the length of time that passed "without a single word from the compensation committee or the Attorney General" has caused optimism to be "tempered with justifiable apprehension."

Gagnon received a response from Sudbury MPP Rick Bartolucci's office in June stating the letter had been forwarded to Attorney General Chris Bentley's office.

"I trust the Attorney General will give due consideration to the concerns you express," Bartolucci wrote.

Gagnon said Wednesday he had still not heard anything from the Attorney General's office.

Crawley would not comment on whether or not the office planned to respond to Gagnon.

"We treat incoming correspondence, and any responses, as confidential," Crawley said."

The story can be found at:

http://www.thesudburystar.com/ArticleDisplay.aspx?e=2162378

Harold Levy...hlevy15@gmail.com;