Close X
Friday, November 29, 2024
ADVT 
National

Second-Degree Murder Charge Withdrawn Against N.L. Man After Baby's Brain Is Lost

The Canadian Press, 10 Dec, 2015 11:50 AM
    ST. JOHN'S, N.L. — A second-degree murder charge has been withdrawn against a man in the death of his infant son because a key piece of evidence, the baby's brain, cannot be found, says Newfoundland and Labrador's Justice Department.
     
    The province's Public Prosecutions says Thomas Michel was charged with second-degree murder in November 2013 following the death of his son Matthew Rich.
     
    The prosecution was prepared to call experts in forensic pathology and neuropathology to be called as witnesses in the case, but they required access to the brain to complete the examinations necessary to provide opinions in court, the department says in a news release issued Thursday.
     
    "On attempting to facilitate the additional examinations, Public Prosecutions was advised that the Office of the Chief Medical Examiner could not locate the deceased child’s brain and that the brain was presumed to have been destroyed," the release says.
     
    The Chief Medical Examiner's Office could not be reached for comment.
     
    Public Prosecutions said it could not proceed with the case.
     
    "Without the other experts having access to the brain to complete further examinations, there is no longer a reasonable likelihood of conviction," it says.
     
    Public Prosecutions says there are risks in going to trial with inadequate forensic evidence, including a potential miscarriage of justice.
     
    "This was not an easy decision for Public Prosecutions to make and was only made after lengthy consultations with the expert witnesses."

    MORE National ARTICLES

    Surrey, B.C., Lawyer David Siebenga Suspended For 30 Days For Filing Contradictory Affidavits

    Surrey, B.C., Lawyer David Siebenga Suspended For 30 Days For Filing Contradictory Affidavits
    The B.C. Law Society has issued a statement saying David Siebenga admitted to two actions of professional misconduct before a hearing panel.

    Surrey, B.C., Lawyer David Siebenga Suspended For 30 Days For Filing Contradictory Affidavits

    Former B.C. Premier Bill Bennett Dies At 83 After Years Of Alzheimer's Disease

    Former B.C. Premier Bill Bennett Dies At 83 After Years Of Alzheimer's Disease
    His family said in an obituary that Bennett cherished his time with them and had a quick wit and great sense of humour.

    Former B.C. Premier Bill Bennett Dies At 83 After Years Of Alzheimer's Disease

    Want To Be Appointed To The Senate? 5 Things You Need To Know

    Want To Be Appointed To The Senate? 5 Things You Need To Know
     The process is aimed at restoring the Senate to its intended role as an independent chamber of sober second thought.

    Want To Be Appointed To The Senate? 5 Things You Need To Know

    Throne Speech Launches Trudeau Era In Parliament, Recaps Election Promises

    Throne Speech Launches Trudeau Era In Parliament, Recaps Election Promises
    OTTAWA — The Justin Trudeau era is officially underway in Parliament with the reading of a throne speech sketching out the priorities of the new Liberal government.

    Throne Speech Launches Trudeau Era In Parliament, Recaps Election Promises

    Tribal Council Says Young B.C. Man Living In Care Dies; Coroner Investigates

    Tribal Council Says Young B.C. Man Living In Care Dies; Coroner Investigates
    The Nuu-chah-nulth Tribal Council did not release the name, age or location of the man's death in a news release issued Thursday.

    Tribal Council Says Young B.C. Man Living In Care Dies; Coroner Investigates

    'The 6' Makes A Fashionable Footprint With New Nike Shoes Inspired By Toronto

    'The 6' Makes A Fashionable Footprint With New Nike Shoes Inspired By Toronto
    The nickname assigned to Toronto by hometown hip-hop star Drake has been stamped on new Nike shoes designed by Canadian Erin Cochrane.

    'The 6' Makes A Fashionable Footprint With New Nike Shoes Inspired By Toronto