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Charles Smith, disgraced pathologist (CBC News, 2010).

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Charles Smith, disgraced pathologist (CBC News, 2010).

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This article gives a history of his career and the professional misconduct he has committed. This is relevant because he is the man who caused Maria Shepherds wrongful conviction due to professional misconduct.

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On a typical case, he might have to decide whether a child had been shaken to death or accidentally fallen from a highchair.

Dr. Charles Smith was once considered top-notch in his field of forensic child pathology. In 1999, a Fifth Estate documentary singled him out as one of four Canadians with this rare expertise.

For 24 years, Smith worked at Toronto's Hospital for Sick Children. In the hospital's pediatric forensic pathology unit, he conducted more than 1,000 child autopsies.

But Smith no longer practises pathology. An Ontario coroner's inquiry reviewed 45 child autopsies in which Smith had concluded the cause of death was either homicide or criminally suspicious.

The coroner's review found that Smith made questionable conclusions of foul play in 20 of the cases - 13 of which had resulted in criminal convictions. After the review's findings were made public in April 2007, Ontario's government ordered a public inquiry into the doctor's practices.

That inquiry, led by Justice Stephen Goudge and concluding in October 2008, found that Smith "actively misled" his superiors, "made false and misleading statements" in court and exaggerated his expertise in trials.

Far from an expert in forensic child pathology, "Smith lacked basic knowledge about forensic pathology," wrote Goudge in the inquiry report.

"Smith was adamant that his failings were never intentional," Goudge wrote. "I simply cannot accept such a sweeping attempt to escape moral responsibility."

Two years later, the Ontario government announced compensation for families affected by Smith's mistakes.

Individuals will be entitled to a maximum of $250,000 each. A child of someone wrongfully accused who was removed from the family home as a result is entitled to up to $25,000.

A family member directly affected by a relative's involvement in the criminal justice system is entitled to up to $12,500. Legal costs incurred by the wrongly accused may also be reimbursed.

Acted more like a prosecutor

Some have accused Smith of taking on a role larger than pathologist. The lawyer for Brenda Waudby said he was on a crusade and acted more like a prosecutor. Waudby was convicted in the murder of her daughter after Smith analyzed the case.

A pubic-like hair found on her daughter disappeared during Smith's investigation. It was discovered he had kept the hair in his office before police found it five years later. In the end, the charges against Waudby were dropped and the child's babysitter was convicted.

Smith said he had a passion for uncovering the truth in child deaths. The Ontario pathologist told media lampooning him he had "a thing against people who hurt children." He welled up when speaking about a mother looking for the cause of her baby's death.

Smith had been in search of his own personal truths. He was born in a Toronto Salvation Army hospital where he was put up for adoption three months later. After years of looking for his biological mother, he called her on her 65th birthday. But she refused to take his call.

Smith's adoptive family moved often. His father's job in the Canadian Forces took them throughout Canada and to Germany. He attended high school in Ottawa, and graduated from medical school at the University of Saskatchewan in 1975.

Sick Kids tenure

Hired by Toronto's Hospital for Sick Children in 1979, Smith worked in surgery for a year and then moved on to pathology training. A pathologist studies diseases and illnesses by assessing matter such as cells, tissues, organs and fluids. Pathologists also examine biopsy material, and give a subsequent diagnosis.

When it comes to autopsy reports, the field of pathology can be a subjective one. It's based on research and opinion, and it's especially controversial in Canada, where there is no formal training or certification process. Only a handful of practitioners in Ontario are entrusted with the job - and they've learned by doing.

With child victims, forensic analysis is rarely cut and dried. It can take an infant up to 24 hours to die of a shaking incident, which is a crime that doesn't leave evidence the way a regular killing might.

After his initial training at Sick Kids, as the Toronto hospital is known, Smith began conducting child autopsies in 1981. He started with children who had died of accidental and natural causes. By the late '90s, Smith saw more forensic child cases than any other pathologist across the country.

Smith's unit used arrest warrants to reinvestigate cases of sudden infant death syndrome (SIDS). He oversaw the autopsies of exhumed babies that led to new murder charges.

In one such case, Smith appeared before a court in the death of six-month-old Sara Podniewicz. He concluded she had been dead for up to 15 hours before her parents reported the death. The parents had told a 911 operator the girl had died just moments before. Smith's analysis led to second-degree murder charges.

In December 2009, Sherry Sherrett-Robinson was acquitted of killing her son whom Smith had concluded died of asphyxia a decade earlier. Smith suggested Sherrett-Robinson's son, Joshua, suffered a skull fracture and neck hemorrhages. Ontario's chief forensic pathologist, Dr. Michael Pollanen, however, told the Ontario Court of Appeal that he did not find a skull fructure and noted the neck hemorrhages were caused during the autopsy process.

First doubts

In 1991, a family in Timmins, Ont., was the first to raise questions about Smith's work. He had concluded their one-year-old baby had died from being shaken. The child had been under the care of a babysitter who said the baby had fallen down stairs.

In court, experts challenged Smith's opinion, which had resulted in the babysitter's charge of manslaughter. The judge in the case stated Smith should have taken other causes into consideration.

Once the most prolific pathologist, Smith began getting a reputation for late cases, and his disorderly desk produced samples that had gone missing.

In 2002, he received a caution from the Ontario College of Physicians and Surgeons. The college said he was being "overly dogmatic" and had a "tendency towards overstatement."

In June 2005, Dr. Barry McLellan, Ontario's chief coroner, started the review of 45 child autopsies conducted by Smith between 1991 and 2002. The review, released in April 2007, found that Smith had made mistakes in 20 cases involving the deaths of children. The review cast doubt on criminal convictions in 13 of the cases.

"I am very surprised with the overall results of the review, and concerned," McLellan said. "In a number of cases, the reviewers felt that Dr. Smith had provided an opinion regarding the cause of death that was not reasonably supported by the materials available for review."

The chief coroner said the results of the review were being shared with defence and Crown attorneys involved in all of the relevant criminal cases.

After resigning from Sick Kids in 2005, Smith accepted a pathology position in Saskatoon. He was fired after three months. A tribunal later reinstated him, but without a licence, Smith was unable to practise.

Smith told media his marriage ended in light of stress from the highly publicized events. He had lived with his wife and two children on a farm north of Newmarket, Ont.

As a member of the Christian and Missionary Alliance, Smith says he has been fuelled by his life's purpose - finding out the truth for parents who have lost babies.

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Dr. Charles Smith: The man behind the public inquiry | CBC News

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Dr. Charles Smith was once considered top-notch in his field of forensic child pathology. But Smith no longer practises pathology. An Ontario coroner's inquiry reviewed 45 child autopsies in which Smith had concluded the cause of death was either homicide or criminally suspicious.

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Maria Shepherd's Acquittal (CBC News, 2016).

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Maria Shepherd's Acquittal (CBC News, 2016).

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This article discusses Maria's acquittal in 2016 after 25 years suffering and how the evidence of her step daughters autopsy was false.

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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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Website: Innocence Canada, Maria Shepherd

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Website: Innocence Canada, Maria Shepherd

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This website explains all the details of Maria's case and how she was wrongfully convicted including the timeline and the professionals involved.

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Maria Shepherd

The Ontario Court of Appeal on February 29, 2016 quashed Maria Shepherd's manslaughter conviction and entered an acquittal in its place. Maria, her family, friends, and members of Innocence Canada were there to support her on this momentous day that unfortunately took 25 stressful years to come to fruition.

Maria was 21-years-old, with two young children and pregnant with her third child when she was charged with causing the death of her three-and-a-half-year-old step-daughter, Kasandra, on April 24, 1991. The linchpin of Maria's case was the flawed evidence of Dr. Charles Smith who was at the time revered as a paediatric forensic pathologist at Toronto's Hospital for Sick Children.

According to Smith, who conducted Kasandra's autopsy, she died as a result of abuse, involving a blow or blows to the head, leaving a watch-shaped mark under her scalp.

In October 1992, Maria was under extreme pressure and concern that the Children's Aid Society would take her children if she continued to claim innocence. She desperately wanted to keep her family together and when her lawyer, Tom Wiley consulted with a pathologist who felt Smith's opinion was valid, Maria felt she had no choice but to plead guilty to manslaughter.

On October 22, 1992 Maria, now pregnant with her fourth child, was sentenced to two years less a day.

Maria gave birth to a little girl on March 31st, 1993, five months into her prison sentence. She was released on parole on June 21, 1993, eight months after being imprisoned and reunited with her children, Jordan, Natasha, Chelsea, Chanel and her husband Ashley, who steadfastly remained by her side.

Maria, despite her guilty plea continued to maintain her innocence and never gave up hope of one day being able to clear her name. In 2005, Kasandra's case, amongst others, were re-examined when complaints about Smith's work led to a review of his cases by the Ontario Coroner's Office. The review found that Smith had made questionable findings in 12 cases that had led to criminal convictions by mishandling autopsies and misdiagnosing causes of death. In 2007 a public inquiry was led by Ontario Court of Appeal judge Stephen Goudge. The Association in Defence of the Wrongly Convicted (AIDWYC), now Innocence Canada, contacted Maria and told her about these developments which suggested that in all probability Kasandra had died of natural causes. Maria asked Innocence Canada to investigate and if possible re-open Kasandra's case.

Innocence Canada led by its lead counsel James Lockyer had Maria's case reviewed by three experts: Dr. Simon Avis, a forensic neuropathologist from St. John's Newfoundland; Dr. David Ramsay, a forensic neuropathologist from London; and Dr. Patrick Barnes, a forensic radiologist from Stanford University, California. All the experts agreed that Smith had misattributed Kasandra's death to homicide, referring to his opinions as "unreliable in the extreme" and "pseudo-scientific."

In May 2009, the Ontario Court of Appeal allowed Maria to appeal her conviction, but it took another seven years of waiting and hoping before her case was heard by Justices David Watt, Gladys Pardu and Peter Lauwers who found that Smith's opinion had now been "thoroughly discredited", which rendered Maria's plea void.

Maria Shepherd has the distinction of being the 21st person that Innocence Canada has helped clear their name. We are humbled to have had a significant role in lifting the cloud that has for far too long hovered over the heads of her and her dedicated and loving family.

We extend our sincere congratulations to Maria who fulfilled one of her dreams by becoming a licensed paralegal on October 28, 2016.

Maria and her son Jordan, since her acquittal when their busy schedules allow, have taken the opportunity to share their story and expose the tragic consequences of a wrongful conviction.

Maria is a shining light!

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The Ontario Court of Appeal on February 29, 2016 quashed Maria Shepherd's manslaughter conviction and entered an acquittal in its place. Maria, her family, friends, and members of Innocence Canada...

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This photo shows Maria Shepherd celebrating her acquittal. This photo shows raw emotion and how huge this day was for her.

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This is the organization that helped Maria Shepherd's acquittal.

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This is a photo of Charles Smith. This is relevant to Maria Shepherd because this is the pathologist that misdiagnosed her step daughters cause of death and wrongfully testified against Maria Shepherd with false evidence. He committed professional misconduct more than once.

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This video explores Maria's case and talks about how she ended up wrongfully convicted at the hand of Charles Smith. It also shows her and her family's pain and struggle throughout her wrongful conviction. This video is relevant because it gives a thorough overview of the case study.

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Maria Shepherd's 1992 manslaughter conviction quashed

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In this video, she talks about Charles Smith (the forensic pathologist) that determined the cause of death for her step-daughter and ultimately led to her wrongful conviction due to his professional misconduct and how he also did it to many other individuals. She shares her feelings on this topic. This video is relevant to the content because it shows one of the causes of wrongful conviction which is professional misconduct and its role in Maria's conviction.

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Maria Shepherd celebrates after being acquitted in stepdaughter’s 1991 death

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This video shows some behind the scenes of what was going through Maria's brain that led her to falsely plead guilty. She talks about how she had to sacrifice doing the right thing to save her family and how difficult it was for her. This content is relevant because it portrays her personal journey and feelings behind why she pleaded guilty falsely. it also shows one of the wrongful conviction reasons which is false guilt pleas.

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Maria Shepherd talks about the day of her manslaughter conviction in the death of her stepdaughter