SBS: Ontario: Dinesh Kumar

Tuesday, January 11, 2011

"THE NEXT DAY, MARCH 21, 1992, DR. CHARLES SMITH CONDUCTED GAUROV’S AUTOPSY AT THE HOSPITAL FOR SICK CHILDREN. THE POLICE SYNOPSIS OF THE CASE SUMMARIZED HIS FINDINGS AS FOLLOWS:

DR. SMITH FOUND EXTENSIVE HEMORRHAGING WITHIN THE BRAIN, BEHIND BOTH RETINAS AND AROUND THE SPINAL CORD.
IT WAS HIS OPINION BASED ON A GREAT DEAL OF EXPERTISE THAT THESE CRITICAL MEDICAL ABNORMALITIES HAD ALL THE EARMARKS OF INJURIES SUSTAINED AFTER AN EPISODE OF “SHAKEN BABY SYNDROME”.THIS CONDITION OCCURS WHEN AN INFANT IS PICKED UP AND SHAKEN VIOLENTLY. BECAUSE OF UNDER-DEVELOPED MUSCLES IN THE NECK AND SPINAL AREAS, THE INFANT’S HEAD IS WHIPLASHED UNCONTROLLABLY AND THE BRAIN IS LITERALLY “PING-PONGED” WITHIN THE SKULL.
THIS TRAUMA LEADS TO HEMORRHAGING WHICH, IN TURN, LEADS TO BRAIN SWELLING AND DIRE CONSEQUENCES, I.E. DEATH. AFTER THE POST MORTEM EXAMINATION, DR. SMITH CONDUCTED FURTHER TESTS TO CLARIFY HIS INITIAL DIAGNOSES AND AT THE SAME TIME RULE OUT ANY OTHER POSSIBLE ANATOMICAL CAUSE(S) FOR THE INJURIES. AFTER CONDUCTING THE TESTS, DR. SMITH SOLIDIFIED HIS PREVIOUS OPINION BY DECLARING THAT THE INJURIES WERE DEFINITELY NOT ACCIDENTAL IN NATURE AND BECAUSE OF THE ABSENCE OF EXTERNAL TRAUMA, THE INJURIES WERE CONSISTENT WITH HIS PREVIOUS FINDINGS, TO WIT: “SHAKEN BABY SYNDROME”. HE EVEN TOOK IT ONE STEP FURTHER AND EXPLAINED THAT THE DAMAGE PRESENT WAS PROBABLY THE RESULT OF CONTINUOUS SHAKING AS OPPOSED TO A SINGLE VIOLENT SHAKE.

DR. SMITH WAS UNABLE TO PINPOINT THE EXACT TIME THE INJURIES OCCURRED BASED ON PATHOLOGICAL EXAMINATION BUT SURMISED THAT A BABY WITH SUCH CRITICAL INJURIES WOULD BE UNABLE TO FEED NORMALLY AS REPORTED BY THE ACCUSED IN ALL HIS STATEMENTS TO BOTH MEDICAL AND POLICE PERSONNEL.THEREFORE, IT IS HIS CONTENTION THAT THE INJURIES MUST HAVE BEEN INFLICTED DURING THE TIME FRAME BETWEEN THE LAST FEEDING AT 12:30 A.M., AND THE TIME THE 911 CALL WAS PLACED.
DURING THIS CRUCIAL PERIOD THE ACCUSED WAS THE ONLY PERSON TO HAVE EXCLUSIVE CONTROL OF THE INFANT AND THEREFORE THE ONLY PERSON WITH EXCLUSIVE OPPORTUNITY TO CAUSE THE CRITICAL INJURIES TO THE CHILD." AFFIDAVIT: ALISON CRAIG;

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"DR. SMITH’S CONCLUSIONS WERE ENDORSED BY DR. DIRK HUYER, A PHYSICIAN WHO WAS A MEMBER OF THE SUSPECTED CHILD ABUSE AND NEGLECT PROGRAM (THE SCAN UNIT) AT THE HOSPITAL FOR SICK CHILDREN.
DR. HUYER REPORTED AS FOLLOWS: IN SUMMARY, THE CLINICAL DIAGNOSIS IN THIS CHILD WAS MOST LIKELY SHAKEN BABY SYNDROME.
DR. MCGREAL, THE STAFF NEUROLOGIST INVOLVED IN THE CHILD’S CARE AGREED WITH THIS DIAGNOSIS.
PRELIMINARY AUTOPSY RESULTS ARE CONSISTENT WITH THIS DIAGNOSIS.
IT IS A VERY CONCERNING INJURY AND TYPICALLY RESULTS FROM VIOLENT NOTICEABLE SHAKING OF THE CHILD.
NO HISTORY OF SHAKING WAS PROVIDED AND SHAKING WAS DENIED ON DIRECT QUESTIONING.
THE LACK OF HISTORY TO EXPLAIN THE CLINICAL DIAGNOSIS IS VERY CONCERNING AND COUPLED WITH THE KNOWN MECHANISM IS VERY SUGGESTIVE OF NON-ACCIDENTAL INJURY."
AFFIDAVIT: ALISON CRAIG;