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October 2nd is Wrongful Conviction Day. Join our panel of exonerees to hear them discuss wrongful convictions and how their lives have changed
Read more about our panelists below
Sherry Sherret-Robinson:
Sherry was originally charged with first degree murder in the 1996 death of her four-month-old son. Her 18-month-old son was immediately removed from her care and eventually adopted. The publicity destroyed every aspect of Sherry’s life. Dr. Charles Smith testified at her pre-liminary hearing that her son had died from skull fractures and neck injuries. Sherry plead guilty to infanticide in 1999. She spent one year imprisoned where she was labelled a “baby killer.”
Her son’s body was exhumed in 2006 and it was the opinion of the chief forensic pathologist with the Ontario Coroner’s office that Joshua had accidentally asphyxiated in an unsafe sleeping environment, “without any influence by another party.” In 2009 her guilty plea was set aside, and she was acquitted. Sherry was eventually reunited with her son Austin. Sherry was the second of the Smith victims to be exonerated.
Dinesh and Veena Kumar:
Dinesh’s wife Veena arrived in Canada in 1989 from India. Dinesh arrived in 1990, eleven days after his first son Saurob was born. In February 1992 Dinesh’s second son Gaurov was born. Gaurov died when he was five weeks old. Dinesh was charged with second degree murder in the death of his son based on the opinion of Dr. Charles Smith.
Faced with a life sentence, deportation, and the removal of his first son Dinesh accepted the crown’s offer to plead guilty to criminal negligence causing death with a ninety-day sentence to be served on weekends. Dinesh was permitted to remain in Canada with his wife and his son was returned to them. As a result of his wrongful conviction he and his wife were afraid to have more children. It was almost twenty years before Dinesh’s conviction was set aside after Dr. Smith’s testimony was debunked and his cases were reviewed by board certified forensic pathologists.
Jamie Nelson:
In the mid-1990s, Jamie Nelson was involved in a bitter child-custody battle with his former girlfriend. One of her friends, Cathy Fordham, decided to show her support for her friend by smearing Jamie's name, and in 1996, her accusations against him culminated in rape. The only evidence available at trial was each of their stories. In the end, the judge found Ms. Fordham to be more credible, and Jamie was convicted based solely on a lie. Eventually Ms. Fordham's manipulation was exposed, and with this new evidence, Jamie was acquitted on appeal.
However, by this time, he had completed his entire sentence, and upon his release, he had to learn how to live amongst the free once again.
Tammy Marquardt:
Tammy was convicted in 1995 of second-degree murder in the 1993 death of her 2-year-old son, Kenneth. Tammy was sentenced to life in prison without the possibility of parole for 10 years. Dr. Charles Smith, who at the time was considered an expert on criminally suspicious pediatric deaths, conducted the autopsy and concluded that Kenneth had been strangled or smothered. A report released as a result of the Goudge Inquiry stated that, Smith’s finding of asphyxia was “illogical and completely against scientific evidence-based reasoning.” It was suggested that Kenneth’s death could have occurred during an epileptic seizure or from natural causes.
Tammy gave birth to two other sons, one while incarcerated, but both sons were removed from her care and adopted. Tammy was released in 2009 after spending 14 years incarcerated to await an appeal. On June 7, 2011, the Ontario Court of Appeal overturned her conviction and ordered a new trial. Instead of proceeding with a new trial, the Crown withdrew all charges against Tammy. Tammy has, in recent years, seen her sons.
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Resources:
Charles Smith Blog: https://smithforensic.blogspot.com/