Monday, September 6, 2010

Prominant Toronto Lawyer James Lockyer For the Wrongfully Convicted Represents Tamara Broomfield who was given a Miscarriage of Justice

James Lockyer now represents Tamara Broomfield who was wrongfully convicted by false medical evidence from well know fraud doctor Marcillina Mian from Sick Kids Hospital. Her under Charles Smith who put countless people in jail for crimes they did not commit base on false medical evidence. There was never 1 eye witness in the case. The judge threw a blind eye to key evidence that would have freed here.


Victims of Justice - Tamara Broomfield is now appealing her case. Give her the break she needs and show the truth.


Katherine Janson, Katherine Janson, W-FIVE
A Select Club
  • David Milgaard - Wrongly convicted of murder. Served 23 years.
  • Donald Marshall Jr. - Wrongly convicted of murder. Served 11 years.
  • Guy Paul Morin - Wrongly convicted of murder. Served 1½ years.
It's a select club, totalling about 30 members so far -- and the membership is growing. But theirs is a club that not one of these men ever wanted to join. Because all of them served sentences for crimes they didn't commit.


Today, they are all free -- exonerated of the heinous crimes that tarred their names -- but they may never be free of the stigma. Upon their release from incarceration, they return to a world that is forever changed and they themselves may never be the same.
"When I got of prison I was a black and white person," says Thomas Sophonow, who served four years in prison. You either trust or you don't trust, he said, but there's nothing in between.
The crime Sophonow was wrongly convicted of was heinous. On December 23, 1981, 16-year-old waitress Barbara Stoppel was found strangled and left for dead in a washroom at a doughnut shop in Winnipeg.
Three months later, Thomas Sophonow was charged with her murder. Even though he had an alibi and there was no physical evidence linking him to the attack, he was eventually convicted and sentenced to life in prison. All the while, Sophonow maintained his innocence.
After four years behind bars, Sophonow was set free when the Manitoba court of appeal unanimously overturned his conviction. But his nightmare was far from over. Everywhere Sophonow went, he was treated as a man who got away with murder.
"That was the core of my anger," he said.
So how did he survive this scrutiny and disdain? Where did he put all the frustration of living with a truth that no one else would accept?
"I just kept it bottled up inside. I would occasionally just blow up and just get mad, just totally freak out."
It was not until the summer of 2000 that the Manitoba Government finally called for a public inquiry and issued Sophonow an apology. But despite final and full exoneration—with DNA proof that he didn't attack and kill Barbara Stoppel -- Sophonow still suffers under the weight of his ordeal.
These days, he rebuilds his new life in New Westminster, BC, as he renovates the heritage home he lives in with his wife and three kids. But Sophoneow still lives under the sinister shadow cast by his conviction as a murderer.
"Until I can overcome my mental block and talk about issues, it'll always be there. But I haven't -- I'm not there yet," he said.
Putting a label on the pain
During the public inquiry into his wrongful conviction, Sophonow sought treatment from Dr. Adrian Grounds, a forensic psychiatrist at the University of Cambridge who is internationally recognized for his work on the damage done to the wrongly convicted.
"They may get panic attacks, nightmares, vivid memories of particular experiences, adverse experiences that they've had in prison," Dr. Grounds told W-FIVE in an interview.
Prison had a profound affect on Sophonow -- something his wife, Rebecca, noticed almost immediately when they met. "He used to pace, that was something that always stuck in my mind. He would put his head down and just walk back and forth across the room. A certain amount of steps it seemed, like he did when he was in jail."
W-FIVE's Victor Malarek asked Sophonow what it was like to spend four years in prison for something he didn't do.

Thomas Sophonow says 'When I got of prison I was a black and white person.'


Ron Dalton was convicted and sentenced to life in prison for strangling his wife, Brenda.


In 1995, Randy Druken was convicted of the brutal stabbing death of his 26-year-old girlfriend, Brenda Young.


James Lockyer, a prominent lawyer and co-founder of the Association in Defence of the Wrongly Convicted.
"I don't talk about prison," said Sophonow, his eyes welling with tears. "I just don't talk about it."
Even after all these years, it's difficult to go back there.
"Take one day at a time," he said. "Take one hour at a time."
A Crime that Never Was
Across the country in St. John's, Newfoundland, Ron Dalton counted thousands of hours for a crime that never was. In 1989, the university-educated bank manager was convicted and sentenced to life in prison for strangling his wife, Brenda.
"I can always hear my mother there someplace in the background, screeching as the jury comes back in and says guilty," he said. In an instant, Dalton lost everything he held dear.
When he went to prison, his sister Linda Gallant and her husband Sonny took in Dalton's three children and raised them alongside their own three kids.
"The worst part about being in prison was being away from (your children) when you're used to spending every day of your life with them," he said.
It would take eight and a half years in prison before Dalton was released on bail, his original conviction questioned, but facing a new trial on the same charges. Coming home to his family was what he always wanted, but that didn't make it easy.
"It was difficult, very difficult. Coming home my three children were still with my sister and her husband. I was out of prison, but I wasn't free to pick up the pieces," he explained.
Dalton had to split his attention between his growing children and his new trial, which he couldn't afford to lose. "I wouldn't move them back in with me and then have to give them up again a year later if I was convicted a second time."
Forensic evidence eventually proved his wife choked on cereal. Dalton was acquitted in the 2000 trial, but he is still struggling to regain the stolen years.
Linda Gallant sees her brother's loss every time she looks into his face.
"When I look at him and I remember his children it was just, just a sadness there (in his face), that he missed a lot. And it's an ongoing thing because you cannot ever make that back up," she said.
Learning to Reconnect
Of all the losses a wrongly convicted person has to cope with, losing the ability to trust people is a pervasive and lasting effect, says Dr. Grounds.
"Some people remain in a state of permanent mistrust. That sense of confidence in the stability and predictability of the world, the fact that you can rely on people has gone forever," he said.
Ron Dalton explains how prison has affected him: "It's made me much less trusting and it's harder to form close relationships. It's harder to trust people, (knowing) that you've been burned by so many people who are there."
And the scars take a very long time to fade.
"That mark of Cain is always there. You know, you're branded as a murderer," he said.
Lasting Effects
In 1995, Randy Druken was convicted of the brutal stabbing death of his 26-year-old girlfriend, Brenda Young. He was released on bail in 1999 and eventually exonerated by DNA evidence, but life has never returned to normal.
"What I want most I'll never be able to get right for things to be the way they were. But I'll settle for my life you know," he said.
Druken served his sentence in the Atlantic Institution, a maximum-security prison located in Renous, New Brunswick.
"There was times that... I even wanted to kill myself, you know. Again I had to think of reasons why not to," he said.
"I had to, you know, try to find strength in other peoples' ordeals that they were going through when they were trying to survive."
In order to cope in prison, he used to go to the library and get books on the Holocaust to read about those who had done time in concentration camps.
"Not that I went through anything what they went through, but the stories that they wrote helped me to get through what I was going through," he said.
With few places to turn in prison, Randy also turned to drugs. Although they dulled his pain, Randy eventually emerged from prison with a powerful drug addiction. And he was not equipped to deal with how much had changed.
"I got addicted to CONTIN MS's, which is a painkiller for cancer patients. When I come out I was wired into morphine and I remember there for a while I wouldn't even do Oxycontins on the street. It didn't do nothing for me -- that's how high the drug was that I was doing in jail."
Bill Collins is Randy Druken's lawyer of 20 years and probably one of his only real friends. In Collins' opinion the drugs offered Randy a crutch.
"Randy was ashamed of the fact that people thought that he was the killer. He was insecure in any social setting whatsoever. I think it was just a way to escape the world, and possibly, life," says Collins.
Unable to escape the stronghold of his wrongful conviction and the lasting psychological damage, Randy has cycled in and out of jail four more times since his release.
"Each time I come back it was because of drugs. There was times I asked the courts to put me in jail to get off this problem to get away from this drug problem," said Druken.
Getting what they deserve
The system of support for the wrongly convicted is just not good enough for James Lockyer, a prominent lawyer and co-founder of the Association in Defence of the Wrongly Convicted. He says the government has a responsibility to these men.
"They obviously need social help from professionals and those professionals, it seems to me, should be provided by and paid for by the state. As well, the other way the state can and should help is by providing compensation."
Of about 30 wrongful convictions in Canada, so far only about a dozen men have received a cash settlement for their time in prison. But getting compensation has always been, and continues to be, an uphill struggle. And that's the case for Ron Dalton.
"Compensation is the way governments apologize. They apologize with their chequebooks. An apology, a formal acknowledgement of innocence would be nice, but government's rarely do that as well," he said.
Randy Druken desperately wants to straighten out his life but he knows he's got one very big mountain to climb.
"I got to do it this time or it's going to kill me."
In March 2003, the Government of Newfoundland and Labrador announced a public inquiry into alleged miscarriages of justice in the cases of three men, including Randy Druken and Ronald Dalton. Druken and Dalton are still awaiting the results of the Lamer inquiry, which should be released by June 1, 2006.
And while it's been 20 years since Thomas Sophonow walked out of prison a free man, his past continues to haunt him.
In 2003, Sophonow was awarded $2.6 million in compensation—17 years after his release. But he insists that the time he spent in jail for a crime he didn't commit can never be repaid.
"No. No. Actually no. To tell you the truth, no compensation would pay for all the years," says Sophonow. 

Important Source
http://www.truthinjustice.org/victims-Canada.htm

Ontario to make payments to Mullins-Johnson, others
By SooToday.com Staff
SooToday.com
Tuesday, August 10, 2010

The Ontario government will pay up to $250,000 each to people whose lives were affected by Dr. Charles Smith's faulty pediatric forensic pathology, CBC News is reporting.

Smith's expertise led to William Mullins-Johnson (shown), a Batchewana First Nation man, spending well over a decade in jail after he was wrongfully convicted in 1994 of raping and murdering his four-year-old niece.

On October 15, 2007, the Ontario Court of Appeal quashed Mullins-Johnson's conviction and acquitted him.

In its reasons, the Court stated that "Mr. Mullins-Johnson was arrested, convicted of first degree murder and spent 12 years in prison because flawed pathology evidence is a terrible miscarriage of justice."

In October 2008, Mullins-Johnson started a $13 million lawsuit for damages he suffered.

The defendants in the action were identified as Dr. Charles Smith, Dr. Marcellina Mian, Sault Area Hospital pathologist Dr. Bhubendra Rasaiah, Dr. Patricia Ann Zehr, Dr. James Young and Dr. James Cairns.


Source :
http://www.sootoday.com/content/news/full_story.asp?StoryNumber=47848

Saturday, June 12, 2010

Dr Marcellina Mians Testomony Convicts Tamara Broomfield - Dr Mian is Being Sued For 13 Million Dollars for the Wrongful Conviction of Mullins Johnson

Dr Mian Strikes another Innocent Victim Again. Jude and crown turn blind eye to key evidence that could have freed Ms Broomfield from charges against her son Malique Fitz-Charles.

She was only convicted on Scientific Grounds. Her lawyer was suspended during trial and the judge Tamarin Dunnett and Crown Josh Levy played a Blind Eye to This. She was not given a Fair Trail.

Society and Groups are outraged at this and will be supporting Tamara in Here Appeal against these frauds.
The Judge , Crown and Police Officer who tainted the case.

Dr. Dirk Huyer, Former SCAN Team Head, Says Mian Should Not Have Co-Authored Report With Smith In Mullins-Johnson Case;

The former head of the Suspected Child Abuse and Neglect (SCAN) team at the Hospital For Sick Children has told the Goudge Inquiry that he does not believe it was appropriate for Dr. Marcellina Mian, a physician with no training in pathology, to have co-authored a report with Dr. Charles Smith specifying a cause of death in the Mullins-Johnson case;

The controversial report was the subject of a previous posting published under the heading, "Mullins-Johnson: Sick Kids Pediatrician tells Court she "deferred" to Charles Smith," which read as follows:

Dr. Marcellina Mian, a pediatrician at the Hospital for Sick Children in Toronto has defended the opinion she co-signed with Dr. Charles Smith which has been discredited by subsequent events in the William Mullins-Johnson case.

In 1993, Mian was a pediatrician and Director of the Suspected Child Abuse and Neglect (SCAN) Program at the Hospital For Sick Children in Toronto - and Smith was Director of Autopsy Pathology and Director of the Ontario Pediatric Forensic Pathology Unit which is located at the hospital.

The joint report, dated August 6, 1993, ends with Dr. Mian's signature above Dr. Smith's, and was an exhibit at the trial which resulted in Mullins-Johnson's conviction for first-degree murder.

The co-authors say in their "Conclusion" that, "This child's (Valin's) photographs show findings which if confirmed by the post-mortem examination, indicate death by asphyxiation, trauma to the head and injury to the perineum and anus. In the absence of a reasonable explanation by history, they indicate non-accidental trauma, including sexual abuse."

The photographs had been taken during an autopsy conducted on June 27, 1993.

Dr. Michael Pollanen, Ontario's Chief Pathologist, told the Ontario Court of Appeal on Monday September 15, that subsequent testing has shown that 4-year-old Valin was neither sexually assaulted or murdered but died a natural death.

Pollanen explained that the experts had wrongly interpreted pathological changes which occurred in Valin's body after her death.

Dr. Mian was recently cross-examined by Toronto lawyer Andrew Czernik, at the aggravated assault trial of Gregory Johnson.

The transcript reads in part:

q. Well sometimes do you ever find you might give an explanation for what you think may have happened and it turns out to be wrong?

A. Occasionally, yes. Sure.

Q. I say this with a great deal of delicacy. The Mullins-Johnson case, William Mullins-Johnson, you are familiar with that one?

A: You will have to refresh my memory;

Q. It's a long ago case. However it's quite famous because it involves Dr. Charles Smith.

A: Mm, hmm.

Q: Where William Mullins-Johnson was convicted of murder back in I think 1994 because it was alleged that he had sodomized his four year old niece and then murdered her. And it was the sodomy of the four year old niece which elevated it from second degree murder to first degree murder. Does that ring a bell?

A: Yes. I recall it, yes.

Q: And it has been the subject of a great deal of press, hasn't it?

A: I believe so, yes.

Q. And in fact the prevailing view, and you stop me if I am wrong on this, the prevailing view is that there was no sodomy, no murder, and that this man is going to be exonerated; Is that correct?

A: That's my understanding, yes.

Q: But you yourself opined in 1993 that this child had been sodomized, didn't you?

A: No. I believe I opined, if I am recalling the case, that what i saw was of concern but I deferred to the pathologist (Dr. Smith) in terms of any specific findings. So I don't believe I reached a definitive conclusion in the case."...

At the outset of his testimony at the Mullins-Johnson trial, Smith was asked by the prosecutor to describe how he had been brought in to the case.

"It would be, oh help me, about a year ago I believe, Doctor Meehan (sic) had received some photographs from Dr. Rasaiah, (The pathologist who conducted the autopsy on Valin Johnson) that related to the autopsy on this little girl who we're discussing today," Smith replied.

"Dr. Meehan (sic), Dr. Marcie (Marcellina) Meehan (sic) is head of a program at the Hospital for Sick Children which deals with child abuse and neglect.

She had examined these photographs, she was quite comfortable in dealing with aspects of those photographs that dealt with possible sexual abuse, but there were aspects of the photographs that dealt with the mechanism of death which of course she is a pediatrician, was uncomfortable discussing, so she brought the photographs to me, and they asked me to help with the interpretation of those.

So we both authored a report together, based simply on the photographic evidence that Dr. Rasaiah had provided to Dr. Meehan (sic((Mian);"


Mian's signature on the report came under fire at the Goudge Inquiry Thursday, when lawyer, Alison Craig, who represents the Association in Defence of the Wrongly Convicted at the Inquiry.

Craig asked asked Dr. Dirk Huyer, Head of the Hospital For Sick Children SCAN team at the time of Mian's involvement, if he would agree, "that it's inappropriate for a pediatrician to be authoring a report indicating cause of death?

"Generally speaking, I do not think it's the role of a pediatrician without
additional training or expertise in pathology to be authoring a report that states the cause of death,"
Huyer replied.

Craig then asked Huyer if he would agree that a report containing an opinion coming from an expert in child abuse who is connected with the SCAN team at the Hospital for Sick Children would be held "in fairly high regard" - by anyone reading it (such as a juror).

"I think that certainly the criminal justice system would likely hold this in high regard, yes," Huyer replied.

To me, this is one of the understatements of the century.

Here you have a report co-authored by the illustrious Dr. Charles Randal Smith who had been endorsed by the prosecutor as a pillar in the world of forensic pathology and a physician from a prestigious unit at the world famous Hospital For Sick Children in Toronto which was dedicated to fighting child abuse and neglect.

The reality is that Dr. Mian had no professional qualifications in pathology and Dr. Smith had never been professionally qualified as a forensic pathologist.

But with a report co-authored by the two of them William Mullins-Johnson did not have a chance.

Huyer also testified that co-authored reports are problematic because, "I think it's important for anybody reading to understand who's providing what opinion."

"So, no, I would not support this," he said.

I was particularly fascinated by Huyer's observation that as he read through the report it appeared to him, "that she may have been the initial draft report producer" and that, "probably the bulk of the authoring was done by her."

All of which has this humble Blogster wondering how consistent this could be with merely "deferring" to Doctor Smith, as Dr. Mian testified in Court.

13 Million Dollar Lawsuits Against Dr Mian - Dr Who Testified in Tamara Broomfields Case

Dr Mian has led to the Wrongful conviction of Tamara Broomfield . Judge placed a blind eye to key evidence that would have sent the Innocent Person Tamara Broomfield Free.

$13 million action commenced by William Mullins-Johnson

WINDSOR, ON, Oct. 2 /CNW/ - William Mullins-Johnson has started a
$13 million lawsuit for damages he suffered as a result of his wrongful murder
conviction. The defendants in the action are Dr. Charles Smith, Dr. Marcellina
Mian, Dr. Bhubendra Rasaiah, Dr. Patricia Ann Zehr, Dr. James Young and Dr.
James Cairns.
    On September 21, 1994, Mr. Mullins-Johnson was convicted of the first
degree murder of his four-year-old niece and sentenced to life in prison
without eligibility for parole for 25 years. He remained in prison for
12 years, 2 months and 27 days. Eventually, on October 15, 2007, the Ontario
Court of Appeal quashed his conviction and acquitted him. In its reasons, the
Court stated that "Mr. Mullins-Johnson was arrested, convicted of first degree
murder and spent twelve years in prison because flawed pathology evidence is a
terrible miscarriage of justice."
    In his lawsuit, Mr. Mullins-Johnson alleges that his arrest, charge,
prosecution and wrongful conviction "were the result of the reckless, bad
faith, negligent and intentional acts and omissions of the defendants," and
that the opinions of Dr. Smith, Dr. Mian, Dr. Rasaiah and Dr. Zehr about the
cause and circumstances of his niece's death were "scientifically flawed" and
"rushed him to judgment." The statement of claim also alleges that Dr. Young
and Dr. Cairns, as Chief Coroner and Deputy Chief Coroner of Ontario
respectively, failed to supervise Smith and directed him to adopt a "think
dirty" approach to investigating suspicious deaths of young children by
presuming that abuse had occurred.
    Mr. Mullins-Johnson's lawyers are Harvey T. Strosberg, Q.C. and David
Robins of Sutts, Strosberg LLP. Mr. Strosberg said, "It is unfortunate that
the justice system cannot retroactively restore liberty."

    Sutts, Strosberg LLP is one of Canada's leading litigation law firms. Mr.
Strosberg and his partner Mr. Robins recently settled the wrongful conviction
claim of James Driskell for more than $4 million. Mr. Driskell was wrongfully
convicted of murder in Manitoba and spent 13 years in prison.
For further information: David Robins, (519) 561-6211, Sutts, Strosberg
LLP, or visit the website www.strosbergco.com

Over 200 Cases are now being Review that involve Dr Mian and Charles Smith

Tamara Broomfield has fallen victim to Dr Mians False Testimony and Forged Medical Documents. The Judge Played a Blind Eye to Key Evidence that would have Freed Tamara Broomfield in the Accusation of Assault to her child Malique - Fitzcharles.

The Crown Josh Levy and Judge Tamarin Dunnett both Played a Role and  put a Blind Eye to Key Evidence that would have Freed Tamara Broomfield.  She was convicted by Science and No Eyewitnesses. The only Eye Witness testified he was set up by the Officer John Stoner and they did not call him to the Trial only the Pre Trial

What the shame the system has failed us and is about to put a innocent person in jail . The Boy's Father Steve Fitzcharles is a Well Know Drug  and Crack Dealer in The Toronto Area.  He has also tested positive for cocaine as was selling drugs from Tamara's Building.

Key Facts To Look At.  Lawyer was suspended during trial - Judge Played a Blind Eye. He did not call key evidence - Crown knew of suspension and did not notify the court.

Lawyer takes woman for her money and then lies to the court. His selfishness caused and innocent woman Tamara Broomfield to be Convicted on Crimes she did not Commit. No Eyewitnesses were there.
Image
Lawyer Terry Kirichenko's former client claims she gave him $1,000 to get his attention. (Jan. 19, 2010)


A Legal Aid-funded lawyer accused of cutting corners in a woman's defence because of his upcoming suspension says he did the best job he could, but admits he accepted $300 from her as "a present."
Terry Kirichenko testified Tuesday that his looming suspension had no impact on the job he did for his client, who was convicted of giving a near-fatal dose of cocaine to her toddler.
"If anything it motivated me to want to do better," Kirichenko told prosecutor Joshua Levy.
The 26-year-old Scarborough woman, who cannot be named, claims that her former lawyer, Kirichenko, was in a conflict of interest. She says he called no medical evidence and railroaded her into accepting a judge-alone trial to speed matters along to fit in with his suspension for failing to keep proper records.
He denies her allegations.
She is asking Superior Court Justice Tamarin Dunnet to reopen her case or declare a mistrial.
In April 2009, Dunnet convicted the woman of assault causing bodily harm, aggravated assault, failing to provide the necessities of life and administering a noxious substance with the intent to endanger life.
The woman testified Monday she was so frustrated by Kirichenko's lack of attention to her case that she gave him $1,000 in cash in December 2008, as the trial neared, to get a lengthy meeting to discuss it.
Kirichenko said Tuesday that it was not $1,000 but $300 she stuffed into his pocket.
Daniel Brown, one of the woman's new lawyers, asked Kirichenko if he considered it wrong to accept an extra payment from a client, whose bills were already being paid by Legal Aid Ontario. "It was represented to me as a Christmas present," Kirichenko replied. "It had nothing to do with my fees."
Brown suggested that the woman was giving him the money "because it was the only way she could see you in person."
"That's such nonsense," Kirichenko replied.
The hearing continues.

Tamara Broomfield Wrongfully Conducted and Appeal Lawyers are lining up to take the case. I

  Tamara Broomfield was never given a Fair Trial. Here Lawyer was suspended during the Trial and the Head Prosecutor from University Court Josh Levy Knew of this and did not reveal it to the courts. The Lawyer also did not put key evidence which would have set Tamara Broomfield Free. 

Judge Tamarin Dunnett Played a Blind Eye to this Key Evidence and will now face much criticism as An Appeal will be launched to free here name.  The Doctor behind all this "Dr Marcellina Mian and Charles Smith are not new to the game of the Wrongfully Convicted. Dr Smith has already lost his license and Dr Mian is in Several Lawsuits for the Conviction of others in Shaking Baby Syndrome that never  took place.

Ms Tamara Broomield does not have a Criminal record and was only convicted on Scientific Evidence from Dr Mian that was totally Staged. This is Unfortunate but justice will be served.

What is sad is the Judge Tamarin Dunnett who we put our trust in has made such a bad judgement, this appeal could affect here position. Here blind eye to key evidence has convicted Tamara Broomfield on the crimes that did not take place to here son Malique Fitz Charles.

Steve Fitz Charles is a Well Known Drug Dealer on The Streets Of Toronto and was is the Residence before the overdose happened. He was also tested positive for Cocaine in His System.

The Crown Josh Levy  also know about the suspension of her criminal lawyer and did not inform the court.

UBENDRA RASAIAH IS NAMED IN MULLINS-JOHNSON LAWSUIT; CANADIAN PRESS STORY;



Dr. Bhubendra Rasaiah, who is seen denying any personal responsibility for the wrongful conviction of William Mullins-Johnson in a recent CBC Fifth Estate documentary called, "A death in the family", is named in a $13M lawsuit.

Canadian Press reporter Colin Perkel reported the lawsuit on October 02, 2008.

(The statement of claim contains allegations against Dr. Bhubendra and other individuals which have not been proven in court;)

"An Ontario man who spent 12 years in jail after being wrongly convicted for the rape and murder of his four-year-old niece launched a lawsuit against six doctors Thursday, including a forensic pathologist excoriated this week by a judicial inquiry," the story began.

"In his statement of claim filed in Ontario Superior Court, William Mullins-Johnson seeks $13 million in general and punitive damages from Dr. Charles Smith, former chief coroner James Young and his deputy Jim Cairns," the story continued;

"The claim argues the defendants were negligent and reckless in their conduct.

"William has suffered loss of liberty, humiliation and disgrace," the statement of claim asserts.

"He is entitled to substantial damages."

None of the claims has yet been proven in any court.

Mullins-Johnson, 38, was arrested and charged within about 12 hours of the discovery of the body of his niece Valin in her bed in Sault Ste Marie, Ont., on the morning of June 27, 1993.

He was convicted of first-degree murder and spent a dozen years in prison before new evidence emerged to reveal that a crime had never occurred and Valin had died of natural causes.

At least two other lawsuits have already been launched by people who were wrongfully accused of crimes stemming from the forensic pathology scandal.

In quashing Mullins-Johnson's conviction in October 2007, the Ontario Court of Appeal concluded a "terrible miscarriage of justice" based on "flawed pathology evidence" had occurred.

On Wednesday, Justice Stephen Goudge cited the case in his scathing indictment of Smith - once considered the country's foremost child forensic pathologist - and his overseers, Young and Cairns.

Smith's dogmatic arrogance in giving poorly informed but life-altering medical opinions and the unwillingness of his supervisors to call him to account were at the heart of several wrongful accusations of baby and child killings in Ontario, Goudge concluded.

Despite those findings, Mullins-Johnson said he still wants those responsible for his wrongful prosecution to be held to further account.

His lawyer David Robins said Goudge's report will help prove the claim.

"Some of the evidence that was used at the inquiry will go a long way to assist in establishing liability for Mr. Mullins-Johnson," Robins said in an interview from Windsor, Ont.

The suit also names two doctors from Sault Ste. Marie, Bhubendra Rasaiah and Patricia Zehr, along with Smith's colleague at Toronto's Hospital for Sick Children, Dr. Marcellina Mian.

"They opined that Valin had been sexually assaulted throughout her lifetime, sodomized shortly before her death, and was murdered," the suit alleges.

"To avoid professional embarrassment, for the next 15 years, they did not revise or qualify their initial opinions even though they knew or ought to have known that their opinions were scientifically flawed."

The claim alleges that Rasaiah, a pathologist, and Zehr, a gynecologist, concluded they were dealing with a horrible case of child sexual abuse based on a superficial examination of the body.

After Zehr phoned for advice, Mian also decided Valin was a victim of chronic abuse, the suit alleges.

Smith would later decide Valin had been sodomized and suffocated.

The suit accuses Young and Cairns of serious misconduct that contributed to Mullins-Johnson's ordeal.

The men "intentionally and maliciously" directed pathologists to "think dirty" - to assume abuse had occurred in cases of suspicious child deaths, the suit claims.

They also "actively protected" Smith despite repeated complaints to avoid their own professional embarrassment.

The government declined to comment because the matter is before the courts."