Close X
Wednesday, November 13, 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Second-Degree Murder Charge Withdrawn Against N.L. Man After Baby's Brain Is Lost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 JOHN'S, N.L. — A second-degree murder charge has been withdrawn against a man in the death of his infant son because a key piece of evidence, the baby's brain, cannot be found, says Newfoundland and Labrador's Justice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

    Little Winnipeg Girl Named Isis Won't Be Bullied, Gets Apology From Soldier

    Little Winnipeg Girl Named Isis Won't Be Bullied, Gets Apology From Soldier
    Isis Fernandes was on a school trip Thursday and was supposed to get a certificate for completing an obstacle course, but when she told the soldier filling out the certificates her name, he didn't believe her.

    Little Winnipeg Girl Named Isis Won't Be Bullied, Gets Apology From Soldier

    Expert Says 'Meat-Eater' Name Eskimo An Offensive Term Placed On Inuit

    Expert Says 'Meat-Eater' Name Eskimo An Offensive Term Placed On Inuit
    Many historians believe the origin of Eskimo comes from an Algonquin term meaning "eaters of raw meat."

    Expert Says 'Meat-Eater' Name Eskimo An Offensive Term Placed On Inuit

    Hope Blooms Leads Surge Of Community Garden Programs For Kids Across Canada

    Hope Blooms Leads Surge Of Community Garden Programs For Kids Across Canada
    Cain grew up in Uniacke Square, a 250-unit block of low-income public housing in Halifax's north end.  The neighbourhood is beset by high unemployment rates, and a dearth of recreational facilities means it can be hard for kids to fill their spare time.

    Hope Blooms Leads Surge Of Community Garden Programs For Kids Across Canada

    Kathleen Wynne Says She Shares Concerns About Medical Marijuana Vaping Rules

    MISSISSAUGA, Ont. — Kathleen Wynne says she would "have a problem" with someone vaporizing medical marijuana next to her in a movie theatre.

    Kathleen Wynne Says She Shares Concerns About Medical Marijuana Vaping Rules

    Alberta Legislature Protest Told Farm Safety Bill Could Kill Livelihoods

    Alberta Legislature Protest Told Farm Safety Bill Could Kill Livelihoods
    EDMONTON — About 200 angry farmers and ranchers have staged a protest in front of the Alberta legislature over a proposed new farm safety bill.

    Alberta Legislature Protest Told Farm Safety Bill Could Kill Livelihoods

    Quebec Pharmacies Vow 'Big Battle' Against Province's Drug Pricing Plan

    Quebec Pharmacies Vow 'Big Battle' Against Province's Drug Pricing Plan
    MONTREAL — The cash-strapped Quebec government's move earlier this week to lower generic drug prices has ignited a debate that risks spreading across the country.

    Quebec Pharmacies Vow 'Big Battle' Against Province's Drug Pricing Plan