Mom who pleaded guilty to toddler's death 25 years ago set for exoneration

TORONTO -- A woman implicated by disgraced pathologist Dr. Charles Smith in the death of her three-year-old stepdaughter is set for exoneration more than two decades after pleading guilty to manslaughter, The Canadian Press has learned.

See Full Article

Documents filed ahead of a court hearing next week show the attorney general agrees Maria Shepherd's guilty plea and conviction should be struck and an acquittal entered.

"Had the appellant and her lawyer known then what they know now, the plea would not have been entered," the Crown says in its factum.

"More importantly, the fresh medical evidence shows that Dr. Smith's evidence, which formed the foundation of the guilty plea, was fundamentally flawed."

The Shepherd case was one of many suspicious child deaths in which Smith, a renowned and highly regarded Toronto-based forensic pathologist, had done the autopsy. However, a review of his work starting in November 2005 and subsequent public inquiry uncovered numerous examples in which he had made egregious errors.

After an initial review turned up problems with Smith's findings in the Shepherd case, the Ontario Court of Appeal in May 2009 allowed her to appeal her conviction.

Kasandra Shepherd, of Brampton, Ont., who had been through a period of health problems, began vomiting and became unresponsive on a day in April 1991. She died two days later in hospital.

Smith, who was stripped of his medical licence in 2011, identified an injury on the back of the child's head and concluded she had died from trauma due to at least one blow of "substantial or major or significant force." He also said Shepherd's watch likely caused bleeding on the inside of the girl's scalp.

Shepherd, then 21, told police she had pushed the child once, her wrist and watch making contact with the back of the girl's head. However, she also insisted she didn't believe the blow could have killed the girl.

"He was the Crown's star witness and his reputation preceded him," her trial lawyer Thomas Wiley says of Smith's opinion in a 2013 affidavit. "I found his opinion to be compelling, and seemingly unassailable."

However, after Wiley consulted an outside expert, who agreed Smith's theory was reasonable, Shepherd pleaded guilty to manslaughter in October 1992.

"I remember the first day of the preliminary hearing when Dr. Smith walked into court," Shepherd says in an affidavit in December 2015. "It was like a superhero entered the room."

She was sentenced to two years less a day and gave birth to her fourth child in custody.

While the guilty plea was valid at the time, the Crown now says the conviction should be set aside based on new forensic evidence. Experts have now concluded Smith's testimony at Shepherd's preliminary hearing contained a "number of significant errors." The best guessing is that Kasandra may have had a previous brain injury that caused seizures or that she suddenly developed a seizure disorder that led to her death.

Either way, they agree, her death should have been classified as "undetermined."

"All the experts (now) agree that Dr. Smith's watch theory was wrong," the Crown now admits. "It is in the interests of justice that the conviction be set aside and, in the circumstances of this case, an acquittal be entered."

The case also led to an obstruction-of-justice prosecution of Shepherd's family doctor, who had said bruises on the girl could have been the result of a blood disorder. That case was thrown out before trial.

Shepherd, who is still married to Kasandra's father, did not return calls seeking comment.

"I did not cause Kasandra's death, and my conviction for doing so has haunted me ever since," she says in her affidavit.

Her lawyer, James Lockyer, refused to discuss the case pending next week's hearing before the Court of Appeal.


Latest Canada & World News

  • Dennis Oland murder appeal split decision would trigger Supreme Court review

    Canada News CBC News
    If the New Brunswick Court of Appeal panel hearing Dennis Oland's murder conviction appeal is unable to reach a unanimous decision, the losing party has an automatic right to take the case to the Supreme Court of Canada. Source
  • Iraqi forces push into town near Mosul after ISIS assault on Kirkuk

    World News CBC News
    Iraqi forces pushed into a town to the southeast of the Islamic State-held city of Mosul on Saturday after a wave of militant attacks in and around the northern city of Kirkuk set off more than 24 hours of heavy clashes, with ongoing skirmishes in some areas. Source
  • Thai sing special royal anthem to honour late king

    World News CTV News
    BANGKOK - A massive crowd has gathered in central Bangkok to sing a special version of Thailand's royal anthem in honour of King Bhumibol Adulyadej, who died this month. A large field in front of the ornate Grand Palace complex was packed Saturday with black-clad mourners, as were all the approach roads. Source
  • Thais sing special royal anthem to honour late king

    World News CTV News
    BANGKOK - A massive crowd has gathered in central Bangkok to sing a special version of Thailand's royal anthem in honour of King Bhumibol Adulyadej, who died this month. A large field in front of the ornate Grand Palace complex was packed Saturday with black-clad mourners, as were all the approach roads. Source
  • Pro tips for booking a bargain getaway down south

    Canada News CBC News
    You'll have a hard time finding anyone more connected to the cost of a winter getaway than Chris Myden. The Calgary-based travel writer has 500,000 subscribers for his newsletters, which send alerts on discount flights and packages from 22 different Canadian cities. Source
  • Polling associations look to increase transparency with merger, but not everyone is on board

    Canada News CBC News
    Two organizations representing market research firms and pollsters in Canada have announced they are entering into merger talks to speak on behalf of the public opinion polling industry with one voice and apply a uniform set of standards for their members. Source
  • What the WikiLeaks emails show, and why they haven't sunk Clinton

    World News CBC News
    WikiLeaks has brought shades of Cold War subterfuge to the U.S. presidential campaign, publishing documents that in any other election might have tarnished Hillary Clinton. Not this time. Not while the Democratic candidate's Republican opponent, Donald Trump, continues to dominate the news cycle. Source
  • Clinton TV ads go after Trump as he promises an all-out effort

    World News CTV News
    CLEVELAND -- Hillary Clinton has unveiled an emotional television ad criticizing Donald Trump that features the parents of a slain Muslim American Army captain. Trump is assuring supporters he will have no regrets if he loses the presidential election because he is going all out in the final weeks of the campaign. Source
  • Mike Pence continues to massage Trump's controversial remarks

    World News CTV News
    RENO, Nev. -- It's become a familiar routine for Mike Pence. Republican presidential nominee Donald Trump says something headline-grabbing, dubious or outright false, and his mild-mannered running mate sets out to refashion the boss's argument. Source
  • Taliban brief Pakistan about talks with Kabul

    World News CTV News
    ISLAMABAD - Three senior Taliban members travelled to Pakistan this week and held a series of meetings with Pakistani officials in Islamabad, mainly to brief them about the recent talks held in Qatar between the Taliban and Kabul, a senior Taliban official, an Afghan diplomat and a Pakistani official said Saturday. Source