Province Supports Bid to Quash conviction
Why are innocent men repeatedly convicted.

FROM LETTER BY LAWYER MICHAEL LOMER TO THEN DEPUTY-CHIEF CORONER DR. JAMES CAIRNS. Mr. Lomer, who was not representing Mr. Mullins-Johnson at the time he wrote the letter, was appealing as a private citizen on behalf of the INTERESTS OF JUSTICE, on APRIL 3, 2001;

"I am concerned that this is another of those cases where Dr. Smith's opinion is at odds with what is generally accepted by pathologists practicing in this area. If that is so, then a miscarriage of justice of the most serious sort may well have occurred. As well, if Dr. Smith's opinion was overreaching then the potential number of suspects would increase to include the child's mother.

I read in the Star that there is going to be a review of the professional conduct of Dr. Smith by your office. If that is to be the case, and I have no reason to disbelieve what I read in the newspaper, I am alerting you to this case. It is my view that this is another case of Dr. Smith's that ought to be looked at in the interests of justice.

I have no instructions to request anything on behalf of Mr. Mullins-Johnson and I do not purport to act for him. Simply put, I am writing as a private citizen concerned about a case that I was extremely familiar with. Any materials I have I would be happy to turn over to you."

Michael Lomer was personally horrified that Bill Mullins-Johnson's appeals had been dismissed by both the top court in Ontario and the top court in the land and that he was still behind bars for first degree murder, even though he was innocent.

Of four pathologists involved in the case, only Dr. Smith testified that the child was sexually assaulted at or around the time of death, and it really stretches cruedulity to think that any reasonable or intelligent Judge would place any weight behind the testimony of a hired gun crackpot like Dr. Charles Smith.

It should not be a huge surprise to any reasonable and normal person that the cause of death of Mr. Bill Mullins-Johnson's beloved 4-year-old niece, was neither murder or sexual assault, as fantasized, but a tragic, natural death, as the scientific evidence proved.

The concerns remain. The obstacles that passionate lawyers like Michael Lomer must overcome are not merely corrupt or incompetent people like Dr. Charles Smith, who are evidently a dime a dozen. The obstacles are these routine miscarriages of justice.  

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