Tammy Marquardt (seen with William Mullins-Johnson) leaves the court after her conviction was quashed Photo by: Kevin Misener/680News
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Feb 10, 2011
TORONTO, Ont. - The Ontario Court of Appeal threw out the conviction against Tammy Marquardt, Thursday.
The 38-year-old mother spent 13 years in prison for the death of her son based on the test of disgraced former pathologist, Charles Smith.
Smith had concluded Marquardt's son was smothered to death. Other experts have since come forward to say that the boy likely died after an epileptic seizure.
Defence lawyer James Lockyer says Smith dismissed the child's epilepsy as a possible cause.
"He kept seeing murder when it wasn't there." said Lockyer, "A child dies at 2-and-a-half years of age and he's epileptic and he's been suffering numerous seizures in the proceeding months, common sense says that's what he died of."
The court ruled, Thursday, Marquardt's conviction was a miscarriage of justice.
Marquardt has always insisted she did not kill her two-year-old son Kenneth and said she welcomes a new trial, if the Crown decides to pursue it.
"In my heart, I know the truth, and the truth will prevail," she said.
Marquardt said her life since 1995, when she was convicted, has been a nightmare, and that with this new ruling, she feels as though she is starting to wake up
http://www.680news.com/news/local/article/181695--ontario-s-top-court-quashes-mom-s-conviction-in-child-death
The 38-year-old mother spent 13 years in prison for the death of her son based on the test of disgraced former pathologist, Charles Smith.
Smith had concluded Marquardt's son was smothered to death. Other experts have since come forward to say that the boy likely died after an epileptic seizure.
Defence lawyer James Lockyer says Smith dismissed the child's epilepsy as a possible cause.
"He kept seeing murder when it wasn't there." said Lockyer, "A child dies at 2-and-a-half years of age and he's epileptic and he's been suffering numerous seizures in the proceeding months, common sense says that's what he died of."
The court ruled, Thursday, Marquardt's conviction was a miscarriage of justice.
Marquardt has always insisted she did not kill her two-year-old son Kenneth and said she welcomes a new trial, if the Crown decides to pursue it.
"In my heart, I know the truth, and the truth will prevail," she said.
Marquardt said her life since 1995, when she was convicted, has been a nightmare, and that with this new ruling, she feels as though she is starting to wake up
http://www.680news.com/news/local/article/181695--ontario-s-top-court-quashes-mom-s-conviction-in-child-death
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