08-08-2009, 04:22 PM
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#33 (permalink)
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Junkie
Location: Ontario, Canada
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Quote:
Originally Posted by SecretMethod70
The fact the family wants an independent autopsy also indicates the BAC was determined based on the autopsy, in which case there is very little room for doubt.
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Boatloads of room for doubt, m'dear:
CTV.ca | Charles Smith erred in 20 autopsies: review
Quote:
Charles Smith erred in 20 autopsies: review
Updated Thu. Apr. 19 2007 6:21 PM ET
CTV.ca News Staff
A review of discredited pathologist Charles Smith has found he made errors in 20 child autopsies, 13 of them resulting in criminal charges.
"In 20 cases, the reviewers expressed concerns with respect to the conclusions reached by Dr. Smith or with a significant fact arising from the work that he did," Ontario Chief Coroner Dr. Barry McLellan told reporters Thursday.
Of that number, 13 cases had resulted in an individual's "restriction of liberty," and one person is still behind bars. Those cases will now be reviewed by Crown and defence lawyers.
Ontario Attorney General Michael Bryant called the errors an "unspeakable tragedy" and said he will possibly call for a full public inquiry.
"This is not supposed to happen," he said. "It should not have happened, it's unacceptable that it happened, it's wrong.
Five forensic pathologists conducted the review of Smith's work.
McLellan apologized to the families of deceased children whose autopsies were involved in the review.
"Wherever possible, families were contacted directly prior to the start of the review, to inform them that the death of their child was included in the review," he said.
"Wherever possible counsel, who represented parties in matters arising from the coroner's investigation were also contacted.
"I sincerely regret the fact that some families who had moved on or who were in the process of moving on with their lives, following the death of their child, may have been subjected to any additional stress as a result of the process."
The Globe and Mail reports Smith mistakenly alleged foul play in the deaths of children dating back to 1991, when in fact they may have died of natural causes.
In many cases, people -- including the parents of the children involved -- ended up being convicted in their children's deaths.
William Mullins-Johnson of Sault Ste. Marie, spent 12 years in prison after he was wrongfully accused of murdering his four-year-old niece, Valin Johnson.
Smith had apparently lost evidence showing Valin died of natural causes.
Mullins-Johnson was released from custody last year. He spoke Thursday about his tragic ordeal.
"I'm still dealing with the stigma of the conviction, the stigma of the accusation itself," he said.
"Something was made out of nothing and my life was taken from me. The things I wanted to do with my life - just the opportunities, in terms of education, career, relationships - has been dramatically crippled."
In June 2005, an independent review was ordered into 45 of the autopsies Smith performed, after several cases he had worked on collapsed. McLellan revealed the results of that review today.
Smith resigned as chief pediatric pathologist at Toronto's Hospital for Sick Children two years ago, and took an appointment with the Saskatoon Regional Health Authority. He was later fired.But last year, an appeals tribunal ruled he was unfairly terminated.
Among the 45 cases that were reviewed:
Sharon, a seven-year-old girl in Kingston, Ont. who Smith said had been stabbed to death. Charged with murder, the girl's mother spent two years in jail before several other experts concluded her daughter was mauled by a pit bull.
Jenna, a 21-month-old girl in Peterborough, Ont. who Smith said died of blunt trauma inflicted when she was home alone with her mother. Signs of sexual abuse were never pursued, and evidence that could have exonerated the baby's mother of a murder charge was mishandled.
At least one lawsuit is in progress. That case involves the Kingston mother charged in her daughter's death.
Smith was involved in more than 1,000 autopsies for the Ontario Office of the Chief Coroner.
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Si vis pacem parabellum.
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