Close X
Thursday, November 7, 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Second-Degree Murder Charge Withdrawn Against N.L. Man After Baby's Brain Is Lost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 JOHN'S, N.L. — A second-degree murder charge has been withdrawn against a man in the death of his infant son because a key piece of evidence, the baby's brain, cannot be found, says Newfoundland and Labrador's Justice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

    B.C. Makes 'Modest Gains' In Campaign To Improve Provincial Adoptions

    VICTORIA — More British Columbians are opening up their homes to children in need of adoption.

    B.C. Makes 'Modest Gains' In Campaign To Improve Provincial Adoptions

    Toronto Cab Drivers Clog City Streets In Protest Against Uber

    TORONTO — Hundreds of cab drivers descended on downtown Toronto on Wednesday to protest against the ride-hailing service Uber and call on the city to enforce its bylaws.

    Toronto Cab Drivers Clog City Streets In Protest Against Uber

    Pushed By Climate Change: Lake In Northwest Territories Falls Off Cliff

    Pushed By Climate Change: Lake In Northwest Territories Falls Off Cliff
    In a dramatic example of how climate change is altering the Arctic landscape, a small northern lake has fallen off a cliff after bursting through the melting earthen rampart that restrained it.

    Pushed By Climate Change: Lake In Northwest Territories Falls Off Cliff

    Boston College Says 120 Students Reporting Illnesses, Most Tied To Nearby Chipotle Restaurant

    Boston College Says 120 Students Reporting Illnesses, Most Tied To Nearby Chipotle Restaurant
    Boston College says more than 120 students have now reported gastrointestinal illnesses, and nearly all are students who ate at a Chipotle restaurant near campus.

    Boston College Says 120 Students Reporting Illnesses, Most Tied To Nearby Chipotle Restaurant

    Lawyer Urges B.C.'s Chief Justice To Send 'Strong Message' In Ivan Henry Case

    Lawyer Urges B.C.'s Chief Justice To Send 'Strong Message' In Ivan Henry Case
    A lawyer for the man wrongfully imprisoned for 27 years is urging a British Columbia Supreme Court judge to send a "strong message" when determining how much Ivan Henry should be compensated.

    Lawyer Urges B.C.'s Chief Justice To Send 'Strong Message' In Ivan Henry Case

    Drugs, Weapons Issues At B.C. Group Homes That Cared For Teen Who Died: Report

    VICTORIA — Newly released government documents say drugs and weapons were among the concerns at former private group homes operated by a company that cared for an 18-year-old before his death.

    Drugs, Weapons Issues At B.C. Group Homes That Cared For Teen Who Died: Report