Close X
Saturday, November 30, 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Second-Degree Murder Charge Withdrawn Against N.L. Man After Baby's Brain Is Lost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 JOHN'S, N.L. — A second-degree murder charge has been withdrawn against a man in the death of his infant son because a key piece of evidence, the baby's brain, cannot be found, says Newfoundland and Labrador's Justice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

    Toronto Officer Who Shot Teen On Streetcar Wasn't Thinking Like A Cop: Crown

    Crown lawyer Milan Rupic says Const. James Forcillo didn't see his job as one that required him to speak with a "drug-addled teenager who is on a very bad trip."

    Toronto Officer Who Shot Teen On Streetcar Wasn't Thinking Like A Cop: Crown

    Panda Cubs Doing 'Very Well': Toronto Zoo

    Panda Cubs Doing 'Very Well': Toronto Zoo
    The zoo says the cubs have been moved to a larger incubator and alternate spending time with their mother, Er Shun, who is on loan from China.

    Panda Cubs Doing 'Very Well': Toronto Zoo

    Steve Martin Generated 'A Lot Of Attention' For Lawren Harris Sales: Heffel

    Steve Martin Generated 'A Lot Of Attention' For Lawren Harris Sales: Heffel
    TORONTO — Comic legend Steve Martin's passionate evangelism of Lawren Harris seems to have boosted interest in the Canadian painter, the president of Heffel Fine Art Auction House said a day after a blockbuster sale.

    Steve Martin Generated 'A Lot Of Attention' For Lawren Harris Sales: Heffel

    Canada Commits $2.65 Billion To Climate Fund To Help Developing Countries

    Canada Commits $2.65 Billion To Climate Fund To Help Developing Countries
    Prime Minister Justin Trudeau made the announcement Friday at the summit of Commonwealth leaders in Malta, where the battle against global warming is becoming the dominant issue.

    Canada Commits $2.65 Billion To Climate Fund To Help Developing Countries

    Saskatoon Health Region CEO Says Layoffs Coming Before Christmas Season

    Saskatoon Health Region CEO Says Layoffs Coming Before Christmas Season
    SASKATOON — Some Saskatoon Health Region employees will lose their jobs this holiday season, but just how many positions will be cut is still up in the air.

    Saskatoon Health Region CEO Says Layoffs Coming Before Christmas Season

    Doctors Gearing Up To Provide Syrian Refugees With Much-Needed Primary Health Care

    Doctors Gearing Up To Provide Syrian Refugees With Much-Needed Primary Health Care
    Crossroads is one of several clinics that will provide health services to Syrian refugees who come to Toronto, which could take in thousands of migrants over the next few months.

    Doctors Gearing Up To Provide Syrian Refugees With Much-Needed Primary Health Care