http://beta.ctvdigital.net/servlet/an/local/CTVNews/20080128/smith_pathologist_080128?hub=BritishColumbiaHome
Here is a link to CTV.ca I was unable to copy the links to the Videos they have here.
There is 4 Videos, hopefully you are all able to see them.
Showing posts with label CTV. Show all posts
Showing posts with label CTV. Show all posts
Tuesday, December 15, 2009
Pathologist's training was 'woefully inadequate' (2oo8)
 Dr. Charles Smith sits on the stand at the Goudge inquiry in Toronto on Monday, Jan. 28. 2008. (Adrian Wyld / THE CANADIAN PRESS)  
Updated: Mon Jan. 28 2008 10:29:47 Disgraced pathologist Dr. Charles Smith, whose child death investigations resulted in a number of wrongful convictions, testified today that his training as a pathologist was "woefully inadequate." Smith is testifying at a public inquiry in Toronto into systemic errors in the field of pediatric forensics. The inquiry was ordered after serious doubts were raised about opinions given by Smith in roughly 20 cases of suspicious child deaths. In more than 12 of those cases, Smith's decisions led to criminal investigations or convictions. Smith opened his testimony with an apology for his "mistakes." "I do accept full responsibility for my work, for my opinions and for my action," said Smith. "I do recognize that many people have questions for me and I will answer and provide testimony as best I can to help clarify these questions.'' He admitted that his training in forensic pathology was "minimal,'' that he was basically "self taught'' and that his behaviour at times was unprofessional. Smith also said that despite the numerous cases in which he gave expert testimony, he now recognizes that he was "profoundly ignorant" of the role of expert witnesses and the way the criminal justice system works. However, when asked about being described in the media as someone who saw abuse in every child's death, he said the description was "grossly erroneous." The inquiry has heard months of testimony from experts and former colleagues. Victims seek answers One father spent more than a decade in prison for the death of his niece before being exonerated, and several mothers spent years in prison before the cases against them fell apart. Sherry Sherret, who was convicted of killing her son based on an autopsy by Smith, travelled to Toronto to attend the hearing in hopes of getting some answers. "I guess (I hope to receive) the answers," she told CTV's Canada AM. "Why? If you needed help, why didn't you ask, why did you choose to do this? Why did you not ask for the help, say, 'could someone else go over this just to make sure it's right,'? It's just confusing as to why, honestly." Sherret's own conviction in the death of her young son, who was sleeping in a playpen when he died, turned her life upside down, she told Canada AM. She lost custody of her older son, who she hasn't seen since 1999 and is now being raised by his adoptive family. Sherret also spent several years in jail, and at times felt her life was over. "It's been a long journey," she said, noting that she has since remarried and has a young daughter, but still looks forward to her son's 18th birthday, when she can see him again. William Mullins-Johnson was also convicted based on Smith's findings. He spent 12 years in jail for the death of his niece before his conviction was quashed after six experts found no evidence to support Smith's finding that the girl had been sodomized and asphyxiated. Lawyer Peter Wardle told The Canadian Press the parents and families affected by Smith's mistakes will be expecting more than just an apology. "Many of them have waited 10 -- in one case 20 -- years to hear him give his side of the story," said Wardle, who represents several of the families. "They all have questions they want answered." Although his clients felt the apology delivered in November was "too little, too late," they're anxious to hear what Smith has to say, Wardle added. The mandate of the inquiry is broader than just Smith's work, however. Its objective is to take a look at errors that exist in Ontario's pediatric pathology system. Smith is facing a room full of lawyers seeking insight into how his work in pediatric pathology often served only to worsen the tragedy of a child's death. With files from The Canadian Press |
View larger imageOnt. to review wrongful convictions in child deaths (2oo7)
Wrongly convicted mother Sherry Sherrett speaks during a press conference at Queen's Park in Toronto on Monday, April 23, 2007.
 Dr. Charles Smith |
Ont. to review wrongful convictions in child deaths
Canadian Press
TORONTO — Ontario's chief prosecutor moved Tuesday to address the cases of two people who may have been wrongly convicted of killing their children based, in part, on questionable pathology work that is now the subject of a public inquiry.
Sherry Sherrett, who spent a year in prison for the 1996 death of her infant son, was given permission to take her case to the Ontario Court of Appeal amid mounting pressure from legal advocates and a new autopsy suggesting the four-month-old likely died of natural causes.
Sherrett's case was among 45 child autopsies reviewed by an expert panel after concerns were raised about Dr. Charles Smith, the pathologist who conducted them.
A review by the Ontario coroner's office questioned Smith's finding in 20 autopsies, 12 of which resulted in criminal convictions and one in a finding of not criminally responsible.
The province has called a public inquiry into the matter.
Attorney General Michael Bryant said officials wrote Sherrett's lawyer Tuesday to confirm that the government would allow her to appeal her conviction.
"From our perspective, it's crystal clear as to the Crown's position: We're here to act as expeditiously as possible, but there is a process to follow,'' Bryant said.
Bryant said the Crown has also agreed to support a bail application for Marco Trotta, who was convicted of second-degree murder in 1998 for the death of his infant son. Trotta is the only person convicted in part on Smith's evidence who is still behind bars.
Bryant said the Crown consented to Trotta's application for release while his case is appealed to the Supreme Court of Canada.
"Just in the last couple of hours, Crown counsel has consented to the defence application for bail. It'll ultimately be for the court to decide whether or not to release,'' he said.
"It's another example of the Crown responding as expeditiously as possible once defence file their papers.''
Bryant said he would let people know Wednesday about any plans to compensate possible victims when he announces the terms of reference for the public inquiry and the name of the judge who will lead the investigation.
"We're very happy that the attorney general has decided to take action that we think is highly appropriate in the circumstances of these cases,'' said Paul Copeland, co-president of the Association in Defence of the Wrongly Convicted. The consortium of lawyers has agreed to represent nine of the 13 people it alleges were unfairly prosecuted because of Smith's work.
Copeland suggested the scathing coroner's report and reaction to it has likely prompted the province to expedite the cases, but added he's not one to criticize the government when it's doing the right thing.
Should the province decide to compensate victims, he expects the one lawsuit currently before the courts and any subsequent ones that may be forthcoming against Smith won't proceed.
"If the province actually does an adequate job of compensating, I'm not so sure people are going to spend their time and energy chasing after Dr. Smith,'' Copeland said.
© 2009 
All Rights Reserved.
Woman convicted of infanticide wants name cleared (2oo7)
Wrongly convicted mother Sherry Sherrett speaks during a press conference at Queen's Park in Toronto on Monday, April 23, 2007.
Dr. Charles Smith |
Woman convicted of infanticide wants name cleared
CTV.ca News Staff
A mother convicted of killing her child based on erroneous testimony from former Toronto pathologist Charles Smith called on Ontario's attorney general Monday to act quickly to correct the situation.
"Last Thursday, the Attorney General (Michael Bryant) said that he'd do everything to right the wrongs," Sherry Sherrett said at a press conference.
"So far, his Crown (attorneys) flatly refused to right my wrong. How much longer does he (Bryant) think I should live with everything from the past -- with the shame of being convicted of killing your own child?"
Sherrett spent a year in prison for the death of her four-month-old son Joshua, convicted in 1999 largely on the basis of Smith's damning evidence.
Her conviction was one of 13 placed in doubt after a review of Smith's case by Ontario's Office of the Chief Coroner.
As part of the review, Joshua Sherrett's tiny body was exhumed. The body was found to have no marks of violence.
What Smith took to be a skull fracture was apparently nothing more than a normal anatomical feature. Further, neck wounds that Smith testified were cause for "consternation,'' instead appear to have been caused by a scalpel used at the autopsy.
The review found it likely that Joshua died accidentally, perhaps when the comforter in his crib became bunched around his head.
"I woke up to my son gone. He was taken from me. And from that day on, I became a baby killer. It haunts me still to this day,'' said an emotional Sherrett, wiping away tears as she spoke about Joshua's death.
Despite the new autopsy showing her son Joshua died of natural causes, Sherrett alleges that the Ontario government continues to block her efforts to appeal the conviction.
In 1999, the Crown noted that Sherrett may have "smothered" her child while suffering postpartum depression, and offered to drop the charge to infanticide. Although Sherrett says she was innocent, she chose to plead guilty rather than face a second-degree murder trial involving testimony from Smith -- considered at the time to be the continent's leading pediatric forensic pathologist.
In 2000, Sherrett's eldest child was later seized by authorities and adopted. Because of her conviction, Sherrett is forbidden to see her son until he is 18.
Lawyer James Lockyer, with the Association in Defence of the Wrongly Convicted, also criticized Bryant for not acting to help Sherrett clear her name.
"She's lived with the aura of being a killer of her own child for all those years. For God's sake Michael Bryant, do something about it today," he said at the press conference.
Lockyer said Bryant and his office have known about Sherrett's case as early as March 2006 but "have refused to do anything."
Public inquiry
A review of 43 of Smith's child autopsies found that he had made errors in 20.
Thirteen of those cases resulted in criminal convictions, and one person is still behind bars.
The Ontario government will hold a public inquiry into the matter, after former Ontario Superior Court chief justice Patrick LeSage completes an audit on how forensic pathology reports are handled, to prevent future problems.
The inquiry will have the power to subpoena witnesses into Smith's work.
Bryant said earlier that the government has found a senior judge to head the inquiry. The name of the commissioner and the terms of reference will be made public on Wednesday.
CTV's legal expert and defence attorney Steven Skurka says he welcomes an inquiry.
"The system broke down because the system relied on an expert coming and testifying, in good faith, with no checks or balances. That's the problem. Too much faith was put in this one expert," Skurka told Canada AM.
"And obviously, we have to learn lessons. We have to look to competing experts, other forensic pathologists and get their opinions.
"Expert witnesses play such an important role in criminal trials because it's really -- the jury doesn't understand it. They rely on that expert. That's why we need to have checks and balances to make sure when they testify they do so objectively and impartially."
© 2008 All Rights Reserved.
Woman convicted of infanticide wants name cleared (2oo7)
Date: Mon. Apr. 23 2007 7:12 PM ET
A mother convicted of killing her child based on erroneous testimony from former Toronto pathologist Charles Smith called on Ontario's attorney general Monday to act quickly to correct the situation.
"Last Thursday, the Attorney General (Michael Bryant) said that he'd do everything to right the wrongs," Sherry Sherrett said at a press conference.
"So far, his Crown (attorneys) flatly refused to right my wrong. How much longer does he (Bryant) think I should live with everything from the past -- with the shame of being convicted of killing your own child?"
Sherrett spent a year in prison for the death of her four-month-old son Joshua, convicted in 1999 largely on the basis of Smith's damning evidence.
Her conviction was one of 13 placed in doubt after a review of Smith's case by Ontario's Office of the Chief Coroner.
As part of the review, Joshua Sherrett's tiny body was exhumed. The body was found to have no marks of violence.
What Smith took to be a skull fracture was apparently nothing more than a normal anatomical feature. Further, neck wounds that Smith testified were cause for "consternation,'' instead appear to have been caused by a scalpel used at the autopsy.
The review found it likely that Joshua died accidentally, perhaps when the comforter in his crib became bunched around his head.
"I woke up to my son gone. He was taken from me. And from that day on, I became a baby killer. It haunts me still to this day,'' said an emotional Sherrett, wiping away tears as she spoke about Joshua's death.
Despite the new autopsy showing her son Joshua died of natural causes, Sherrett alleges that the Ontario government continues to block her efforts to appeal the conviction.
In 1999, the Crown noted that Sherrett may have "smothered" her child while suffering postpartum depression, and offered to drop the charge to infanticide. Although Sherrett says she was innocent, she chose to plead guilty rather than face a second-degree murder trial involving testimony from Smith -- considered at the time to be the continent's leading pediatric forensic pathologist.
In 2000, Sherrett's eldest child was later seized by authorities and adopted. Because of her conviction, Sherrett is forbidden to see her son until he is 18.
Lawyer James Lockyer, with the Association in Defence of the Wrongly Convicted, also criticized Bryant for not acting to help Sherrett clear her name.
"She's lived with the aura of being a killer of her own child for all those years. For God's sake Michael Bryant, do something about it today," he said at the press conference.
Lockyer said Bryant and his office have known about Sherrett's case as early as March 2006 but "have refused to do anything."
Public inquiry
A review of 43 of Smith's child autopsies found that he had made errors in 20.
Thirteen of those cases resulted in criminal convictions, and one person is still behind bars.
The Ontario government will hold a public inquiry into the matter, after former Ontario Superior Court chief justice Patrick LeSage completes an audit on how forensic pathology reports are handled, to prevent future problems.
The inquiry will have the power to subpoena witnesses into Smith's work.
Bryant said earlier that the government has found a senior judge to head the inquiry. The name of the commissioner and the terms of reference will be made public on Wednesday.
CTV's legal expert and defence attorney Steven Skurka says he welcomes an inquiry.
"The system broke down because the system relied on an expert coming and testifying, in good faith, with no checks or balances. That's the problem. Too much faith was put in this one expert," Skurka told Canada AM.
"And obviously, we have to learn lessons. We have to look to competing experts, other forensic pathologists and get their opinions.
"Expert witnesses play such an important role in criminal trials because it's really -- the jury doesn't understand it. They rely on that expert. That's why we need to have checks and balances to make sure when they testify they do so objectively and impartially."
Subscribe to:
Posts (Atom)
