Innocent Until Proven Guilty: Why It's Important

In 1999, Sherry Sherret-Robinson faced the worst thing a mother can face: her son, Joshua, was found dead in his crib. The pathologist, Dr. Charles Smith, testified that, due to hemorrages in Joshua's neck, and a fractured skull, that he was murdered. Sherry Sherret-Robinson was convicted of killing Joshua by smothering him. She has served 10 years in jail for doing so.

Today, after the joint submissions of Crown and Defence, based on new expert evidence, the Ontario Court of Appeal ruled that Ms. Sherret-Robinson should be acquitted. The new reports suggest there was no skull fracture and the neck hemorrhages were in fact caused by Smith during the autopsy.The experts concluded there was no basis in the pathology to support Smith's inference the baby was deliberately smothered or suffocated, but that it can't be ruled out.

Instead, the autopsy findings and the fact that Joshua had numerous layers of blankets under, around and on top of him, "reasonably support the conclusion that death occurred by an accidental asphyxial means in an unsafe sleeping environment."

How sad. That's why, whenever people ask how I can defend someone I "know" is guilty, I always respond that because I'm not God, I never "know". Not being a pathologist, Dr. Smith's evidence might have seemed very persuasive to me and to Ms. Sherret-Robinson's lawyer.

In Memoriam - 4 Police Officers Shot Dead in Washington State.

Our hearts here at Helps Law Offices go out to all the officers in the Pierce County, Washington, today, especially the Pierce County Sheriffs and the Lakewood Police Department.

The officers — three men and a woman from the Lakewood Police Department — were attacked at 8:15 a.m. local time yesterday. Two of the officers were shot and killed as they sat at a table. Another one was shot standing up. The fourth officer fought with the gunman and made it outside and was able to get off some shots. They were about to go on shift. All of them were doing paperwork and enjoying each other's company.

Working in the justice system is hard, no matter who you are. As an advocate, my job is to ensure my client is treated fairly and is given the best possible defence, because the Crown has the burden of proving the case. I have met police officers that I thought were sleazy jerks; police have often come across counsel that are sleazy jerks. By and large, however, most police officers are trying to do their jobs competently. I've met some real heroes, too.

No one should be in jeopardy of death for their jobs. To be put in a situation where you are in the line of fire is one thing and I know plenty of wives and husbands of police officers who accept that their spouse is in mortal danger on a regular basis. That's different than this. These officers weren't on an active investigation; they weren't chasing a suspect in hot pursuit; they didn't enter a situation to help someone only to find it was more dangerous than they anticipated - they were having coffee. They were catching up on the administrative part of their job. They were alive - and then they died. It's sickening.

May they rest in peace.