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A father who had been wrongly accused of second-degree murder nearly twenty years ago has now been exonerated of all charges.
The man, who had been charged in the death of his five-week-old son in 1992, was told that the conviction of his case was unreasonable. A well-known Canadian superstar of pediatric forensics, Dr. Charles Smith, concluded back in 1992 that the 5-week old had been shaken to death, reported a New York City Birth Injury Lawyer.
The local authorities, the Crown, offered the father a deal just six months into the case. They said that if he would plead guilty to criminal negligence that lead to his son’s death that he would only have to serve a 90-day jail sentence, to be served on the weekends. The father took the deal.
According to a New York Birth Injury Lawyer, it is unclear whether the attorney general realized at that time whether or not they had much of case. It is clear that the father felt like he had to plead guilty, because according to his attorney, Dr. Smith was “like a god” in his field, and his opinions would not be questioned in court.
Forensic experts from North American and England have reviewed the case and examined the evidence since 2006, and they believe the 5-week old probably died of natural causes resulting from a birth injury, stated a New York Birth Injury Lawyer. Cases like this are not strangers to courts in Brooklyn and The Bronx.
The court understood the father’s guilty plea in the previous case. In the past few years, Dr. Smith has been found to have made mistakes in more than 20 child death autopsies. The Ontario government has set up a compensation fund for families damaged by Smith’s mistakes.
If you have a family member who has suffered a birth injury, a New York Birth Injury Attorney may be able to help you get the compensation you deserve. If your child suffers from an illness or injury associated with a birth accident or injury, a New York Birth Injury Attorney will be there to help.