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This video provides insight into Maria Shepherd's case. In 1992, Maria Shepherd, a resident of Brampton, Ontario, pleaded guilty to manslaughter in the death of her three-year-old stepdaughter, Kasandra Shepherd.

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Maria Shepherd's 1992 manslaughter conviction quashed

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Video about Maria Shepherd, who was exonerated in the death of her stepdaughter after many years. The video covers the details surrounding the case, including any developments or new evidence that led to Shepherd's exoneration.

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Maria Shepherd exonerated in death of her stepdaughter after decades | Watch News Videos Online

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Watch Maria Shepherd exonerated in death of her stepdaughter after decades Video Online, on GlobalNews.ca

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This video is about Wrongful Conviction Day. It is a day where people come together to acknowledge those who have struggled with injustice.

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Wrongful conviction day sheds light on miscarriages of justice

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This article from CBC News discusses how Ontario's top court formally acquitted Maria Shepherd after her wrongful conviction based on flawed evidence

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Ontario's top court has formally acquitted a woman who pleaded guilty 25 years ago to killing her three-year-old
stepdaughter.

The decision in favour of Maria Shepherd, of Brampton, Ont., came after a short hearing at the urging of both Crown and defence.

The Court of Appeal for Ontario took just a few minutes to render its decision.

Shepherd pleaded guilty in 1992 to manslaughter in the death of Kasandra Shepherd following evidence presented by now-disgraced pathologist Charles Smith.

Defence lawyer, James Lockyer, with the Association in Defence of the Wrongly Convicted, told the justices that other experts have now concluded Smith's opinion was seriously flawed.

'Miscarriage of justice'

Crown attorney Howard Leibovich agreed, and urged Shepherd's conviction be quashed in favour of an acquittal.

He said a "miscarriage of justice" had occurred, and Shepherd would not have pleaded guilty had she known what she knows now.

"This is a tragic case," Leibovich said. "Kasandra deserved better. Her family deserved better. [Shepherd] deserved better."

Speaking for the court, Justice David Watt exonerated Shepherd, saying Smith's evidence had been the "linchpin" for the Crown's case against her.

The justice system, he said, held out a "powerful inducement" for her to plead guilty given that she faced a possible lengthy prison sentence had she been convicted after a trial, Watt said.

"The appeal is allowed," Watt said. "The plea of guilty and conviction is set aside and an acquittal entered."

Smith's autopsy on the girl was one of many suspicious child deaths he had done, several leading to wrongful convictions.

Speaking to reporters outside the court shortly after her conviction was quashed, Shepherd said she was "elated" by the decision after wearing the label of "baby killer" for more than two decades.

"This didn't come without a lot of quiet tears and anguish at home," she said. "I am innoc ent. I didn't do anything but care for Kasandra . I loved her as if she was born to me."

Shepherd said she forgives Smith, who she said was treated "like a God" by those in the court system.

A 'long and terrible ordeal'

A review of Smith's work and subsequent public inquiry uncovered numerous examples where he made serious mistakes. He was stripped of his medical licence in 2011.

Court documents show Kasandra began vomiting and became unresponsive in April 1991 after a long period of ill health. She died two days after being admitted to hospital.

Smith concluded she died from trauma due to at least one blow of "significant force."

Shepherd had told police she pushed the child once, with her wrist and watch hitting the girl on the back of the head, but said she didn't believe the blow could have killed the girl.

'I did not cause Kasandra's death'

Her lawyer at the time consulted an outside expert who agreed Smith's theory was reasonable, prompting her to plead guilty to manslaughter. She was sentenced to two years less a day.

"I did not cause Kasandra's death, and my conviction for doing so has haunted me ever since," Shepherd said in a recent affidavit.

Forensic experts have now concluded Smith's testimony at Shepherd's court hearing contained a "number of significant
errors."

The theory now is that Kasandra may have had a previous brain injury that caused seizures or that she suddenly developed a seizure disorder that killed her.

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Maria Shepherd 'elated' after 1992 conviction in stepdaughter's death quashed | CBC News

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An Ontario judge has set aside a guilty plea in a 25-year-old manslaughter case involving a woman who pleaded guilty in the death of her stepdaughter following evidence presented by a now-disgraced pathologist.

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The National Post provides an overview of the court's decision to acquit Maria Shepherd, highlighting the impact of faulty forensics on her case.

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The decision in favour of Maria Shepherd, of Brampton, Ont., came after a short hearing at the urging of both Crown and defence

TORONTO - Ontario's top court has formally acquitted a woman who pleaded guilty 25 years ago to killing her three-year-old stepdaughter.

The decision in favour of Maria Shepherd, of Brampton, Ont., came after a short hearing at the urging of both Crown and defence.

The Appeal Court took just a few minutes to render its decision.

Shepherd pleaded guilty in 1992 to manslaughter in the death of Kasandra Shepherd.

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Her plea was based on evidence from now-disgraced pathologist, Dr. Charles Smith, who was then considered an unassailable expert.

Defence lawyer, James Lockyer, with the Association in Defence of the Wrongly Convicted, told the justices that other experts have now concluded Smith's opinion was seriously flawed.

Crown lawyer Howard Leibovich agreed, and urged Shepherd's conviction be quashed in favour of an acquittal.

He said a "miscarriage of justice" had occurred, and Shepherd would not have pleaded guilty had she known what she knows now.

"This is a tragic case," Leibovich said. "Kasandra deserved better. Her family deserved better. (Shepherd) deserved better."

Speaking for the court, Justice David Watt exonerated Shepherd, saying Smith's evidence had been the "linchpin" for the Crown's case against her.

The justice system, he said, held out a "powerful inducement" for her to plead guilty given that she faced a possible lengthy prison sentence had she been convicted after a trial, Watt said.

"The appeal is allowed," Watt said. "The plea of guilty and conviction is set aside and an acquittal entered."

Smith's autopsy on the girl was one of many suspicious child deaths he had done, several leading to wrongful convictions.

A review of his work and subsequent public inquiry uncovered numerous examples where he made serious mistakes. He was stripped of his medical licence in 2011.

"It has of course been a long and terrible ordeal for (Shepherd)," Lockyer told the court. "She had always maintained her innocence."

Court documents show Kasandra began vomiting and became unresponsive in April 1991 after a long period of ill health. She died two days after being admitted to hospital.

Smith concluded she died from trauma due to at least one blow of "significant force."

Shepherd had told police she pushed the child once, with her wrist and watch hitting the girl on the back of the head, but said she didn't believe the blow could have killed the girl.

Her lawyer at the time consulted an outside expert who agreed Smith's theory was reasonable, prompting her to plead guilty to manslaughter. She was sentenced to two years less a day.

"I did not cause Kasandra's death, and my conviction for doing so has haunted me ever since," Shepherd said in a recent affidavit.

Forensic experts have now concluded Smith's testimony at Shepherd's court hearing contained a "number of significant errors."

The theory now is that Kasandra may have had a previous brain injury that caused seizures or that she suddenly developed a seizure disorder that killed her.
Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.

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Court acquits woman who pleaded guilty in 1992 to killing stepchild based on faulty forensics

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The decision in favour of Maria Shepherd, of Brampton, Ont., came after a short hearing at the urging of both Crown and defence

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This article is about psychological impacts that wrongful conviction can have on someone

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This is part three of a five-part series from the Jon McComb Show on 980 CKNW, examining wrongful convictions and why they happen.
You've been tried and convicted for a murder you didn't commit.

Your reputation is ruined.

You feel helpless as you're handcuffed and hauled off to prison.

The court of public opinion has already had its say on your case, and it's determined you're guilty.

And as if that's not bad enough, you still have to face the realities of prison.

This has been the very real nightmare faced by some innocent Canadians who have been wrongfully convicted of crimes. According to research conducted by University of Ottawa criminologist Kathryn Campbell, who studies cases of wrongful conviction, at least 70 people have been exonerated in Canada.

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That's an estimate, however, and there could be many more.

The wrongfully convicted people she has spoken to say being in prison is hard but the mental anguish is exacerbated when you know you're not meant to be there. M any people who are locked away become obsessed with their case, she says, and with getting out.

"They were also preoccupied with injustice when they were finally released, and the idea of being intolerant of any kind of injustice because they had experienced [it]."

In 1992, Robert Baltovich was convicted by an Ontario court of murdering his girlfriend Elizabeth Bain and sentenced to life behind bars with no eligibility of parole for 17 years.

Baltovich was hauled off to pre-trial custody in Toronto, where he spent 24 hours a day locked up, for nine months.

The nightmare continued in Kingston, Ont., where he spent almost eight years in prison.

"We walked off the bus. We walked into this huge metal cage and they locked us up and I was surrounded by other people who had also been convicted of crimes," he said. "I remember thinking to myself this is the most surreal and nightmarish experience I've ever had."

Baltovich says the early days were the easiest, getting by with the support of his family and friends, who stood by him.

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"You just had to make certain psychological adjustments. I went into survival mode, and thought, I don't know how long I'm going to be here but I'm not going to let myself be consumed by self-pity or anger or despair."

But Baltovich would spend eight years behind bars before he was granted bail pending the hearing of his appeal.

In 2004, the Ontario Court of Appeal set aside his murder conviction, deciding Baltovich's initial trial had been unfair.

The next step for him was to clear his name.

A study conducted in the UK by forensic psychologist Adrian Grounds found those that are wrongfully convicted often suffer post-traumatic stress disorder and other psychological problems.

That's what happened to Maria Shepherd. She was wrongfully convicted of manslaughter in the death of her step-daughter in 1992, due to flawed testimony from Charles Smith, a once distinguished pediatric forensic pathologist.

An inquiry into his conduct in Shepherd's case led to Smith being stripped of his licence to practise.

Campbell says there's a common factor among those who suffer a miscarriage of justice: They all want someone to take responsibility.

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"They wanted somebody to say they were sorry, that they had made a mistake," Campbell says. But that doesn't happen very often, he continues. "Sometimes a prosecutor will apologize to a wrongly convicted person or when they're being exonerated, they'll say they're sorry, but it's a very very difficult experience for them, absolutely."

In Baltovich's case, he managed to resume a relatively normal life; however, today, he feels there's been no real sense of vindication. He says he finds the prosecutors' behaviour in his case "absolutely baffling."

"I haven't had an apology yet," Baltovich says. "I'm not so sure if anyone who participated in my prosecution is really that sorry."

He says despite the enormous impact prison has on a person's psyche, many people go on to do good things.

Shepherd is one of them.

She became a licensed paralegal in October 2018, and now works to raise awareness of the tragic circumstances of wrongful conviction through Innocence Canada, a non-profit dedicated to identifying cases of wrongful conviction.

David Milgaard spent 23 years behind bars for the 1969 rape and murder of a nurse in Saskatoon, in one of Canada's most high profile cases of wrongful conviction.

He was exonerated in 1997 after new DNA evidence came to light.

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Milgaard gave an emotional interview in 1995 about his many years behind bars and his adjustment to the outside world upon release.

"I'll never forget being a prisoner. In my own way, I still consider myself a prisoner. My situation is such that I am never going to forget it. I would like to do more to help prisoners, because I remember what it was like sitting inside a penitentiary. You die a little bit each day you spend in a penitentiary."

That resilience shown by Milgaard, Baltovich and Shepherd is unfortunately not the case for all those who have been wrongfully convicted.

Studies by American academic Leslie Scott, who specializes in prison reform law, show the mental impact of prisoner's experiences often leaves them in psychological chains, even after the prison shackles have been removed.

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Once released, they often struggle to find employment due to their criminal records.

Financially, they may be in ruin - both from the expensive cost of legal fees and their inability to find work.

Their personal relationships are rarely as they left them.

The never-ending suspicion of guilt, that often continues even after their release, can destroy social ties.

In fact, Leslie Scott's study noted incredible similarities between the psychological states of those who have been wrongfully convicted - and veterans who have returned from war.

After decades fighting, Shepherd, Baltovich and Milgaard were finally able to prove their innocence, and clear their names.
In Part Four of 'Canada's Wrongfully Convicted,' a special series from the Jon McComb show on 980 CKNW, find out how a person in prison for a crime they did not commit can, if they're lucky, prove their innocence and try and rebuild their lives.

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Canada's Wrongfully Convicted: What are the psychological impacts?

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This is part three of a five-part series from the Jon McComb Show on 980 CKNW, examining wrongful convictions and why they happen. You've been tried and convicted for a murder you didn't commit. Your reputation is ruined. You feel helpless as you're handcuffed and hauled off to prison.