Close X
Friday, November 8, 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Second-Degree Murder Charge Withdrawn Against N.L. Man After Baby's Brain Is Lost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 JOHN'S, N.L. — A second-degree murder charge has been withdrawn against a man in the death of his infant son because a key piece of evidence, the baby's brain, cannot be found, says Newfoundland and Labrador's Justice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

    Feds Reject Air Canada's Request To See Security Threat Assessments

    The air carrier has expressed concern to the federal government about accommodating sky marshals on its flights, often at significant cost.

    Feds Reject Air Canada's Request To See Security Threat Assessments

    Remote B.C. Community Frets Over Cut Lifeline As Plug Pulled On Internet

    Remote B.C. Community Frets Over Cut Lifeline As Plug Pulled On Internet
    District of Stewart, the non-profit provider pulled the plug on the Internet on Monday, and it could be weeks before the community gets back online

    Remote B.C. Community Frets Over Cut Lifeline As Plug Pulled On Internet

    Richmond Predator Martin Tremblay Declared Dangerous Offender, Given Indeterminate Prison Sentence

    Richmond Predator Martin Tremblay Declared Dangerous Offender, Given Indeterminate Prison Sentence
    Friends and family of 17-year-old Martha Jackson and 16-year-old Kayla Lalonde cried and cheered as a B.C. Supreme Court judge handed down his decision

    Richmond Predator Martin Tremblay Declared Dangerous Offender, Given Indeterminate Prison Sentence

    Ontario University Hockey Team Changes It's Offensive Name, Destroys Jerseys After Complaint

    Ontario University Hockey Team Changes It's Offensive Name, Destroys Jerseys After Complaint
    The co-ed team of law students at Western University was called Dixon Cider — a name that the dean of the university's faculty of law says isn't immediately clear that it's offensive until it is spoken aloud

    Ontario University Hockey Team Changes It's Offensive Name, Destroys Jerseys After Complaint

    Suspect In Alberta Triple Homicide Shot By RCMP, No One Else Hurt

    Suspect In Alberta Triple Homicide Shot By RCMP, No One Else Hurt
    RCMP say that earlier today they went with a warrant to arrest Mickell Bailey in the deaths of Roxanne Berube, another female and Daniel Miller.

    Suspect In Alberta Triple Homicide Shot By RCMP, No One Else Hurt

    Rape Group Won't Be Heard At Ivan Henry's Compensation Hearing

    A British Columbia Supreme Court judge has rejected an attempt by Vancouver Rape Relief to argue that a man acquitted of sexual assault after nearly three decades behind bars is actually guilty.

    Rape Group Won't Be Heard At Ivan Henry's Compensation Hearing