Murder Charges Withdrawn 13 years later

The judge says “there’s nothing he can do to repair the damage caused”. Of course there is SEND THE PATHOLOGIST TO JAIL!!! He committed a crime! Not them!

Sadly another reason why the death penalty should be abolished in the USA and other countries. AND why isn’t this Smith guy sent to jail for putting away innocent people in jail for a decade or longer. Only in Canada they would let this pathologist get away with it. They should lock him up and give him a rope for what he’s done.

He’s part of the problem, it’s the corrupted police and crown attorneys that worked together with this pathologist. Wonder who the real enemies are?

Tammy Marquardt left the Oshawa court with a picture of her deceased son, Kenneth Wynne, after her second degree murder charge was withdrawn Tuesday morning.

Tammy Marquardt left the Oshawa court with a picture of her deceased son, Kenneth Wynne, after her second degree murder charge was withdrawn Tuesday morning.

The language of justice is often eloquent, but rarely includes the words “we’re sorry.”

That was true even on Tuesday when the Crown withdrew a murder charge against Tammy Marquardt and a judge offered some measured and sensitive remarks.

“Ms. Marquardt, nothing I can say to you today will repair the damage that has been caused to you,” Justice Michael Brown told her.

“I can’t imagine what it must have been like for you to have had to bear the burden of not only losing your child, Kenneth, but also to have had to deal with being convicted of killing your son, and spending 13 years in prison as a result.”

Outside the courtroom, Marquardt, 38, fell into the arms of supporters.

“Honestly, I never thought I would see this day,” she said. “I. Am. Free. Now Kenneth can rest in peace.”

Marquart, 38, was convicted by a jury in 1995 after now-discredited pathologist Charles Smith testified Kenneth, 2, died as a result of being strangled or suffocated.

When the case was re-examined in 2005 as part of a review ordered by the Office of the Chief Coroner, Smith’s conclusions were found unscientific and flawed.

Fresh evidence points to Kenneth, an epileptic who was treated eight times for seizures, suffering a sudden, unexplained death as a result of his condition.

The Ontario Court of Appeal quashed Marquardt’s conviction in February and ordered a new trial, but Crown Counsel Greg O’Driscoll announced Tuesday he would not be proceeding.

After formally recording the charge as withdrawn, Brown addressed Marquardt at length. Offering his “deepest expression of regret,” he noted it was “tragic” it took so long to uncover Smith’s mistakes and wished Marquardt “the very best” for the future, adding he fervently hopes she can “pick up the pieces” of her life.

Was it enough?

Marquardt’s lawyer, James Lockyer, admits he would like a more direct acknowledgment of wrongdoing in these cases, particularly from the attorney general’s ministry. In at least 20 cases, parents were sent to jail as a result of Smith’s mistakes.

It’s ironic the government seems reluctant to apologize plainly and directly and to utter the word “sorry,” considering it passed an “Apologies Act” two years ago so wrongdoers could admit their mistakes without legal liability, he said.

Eva Marszewski, the founder of Peacebuilders International (Canada), an award-winning charity that runs restorative justice circles for young offenders and teaches conflict reduction, said the intentions of the person delivering an apology are “a big part” of how it is perceived.

No matter what words are used, the recipient of an apology is more likely to come away feeling good about it if they believe the person apologizing is sincere and feels badly, said Marszewski, describing the issue as “complex.”

“I understand where Lockyer is coming from,” she said. “These are such extreme cases of . . . wrongdoing. Very few things are worse than having someone spend time in jail wrongly.”

Marquardt said hearing the words “we’re sorry” could add another dimension to an apology because it would show the system accepting blame, rather than only acknowledging what she’s been through. But for her personally, those two words wouldn’t make much difference, she said.

“Truthfully, to me they’re just empty words.”