Tammy Marquardt, Another Innocent Victim of Charles Randall Smith aka "Randy Smith".flv

OSHAWA. An Ontario mother was vindicated Tuesday in the murder of her toddler son, nearly two decades since his death and after spending more than 13 years in prison, largely based on the faulty testimony of discredited pathologist Charles Smith.

"I'm free. I am free," said a visibly shaken Tammy Marquardt outside the Oshawa courthouse shortly after a second-degree murder charge against her was withdrawn.

Despite a tattoo she got on her arm of the word "freedom," she said she never believed her name would ever be cleared.

"Honestly, I never thought I would see this day," said Ms. Marquardt. "I thought there is no justice. They are going to believe [Dr. Smith] and they're not going to believe someone like me."

Earlier, the Crown told Ontario Justice Michael Brown that it did not wish to proceed with a new trial against the 38-year-old, due to fresh evidence that shows the cause of death to be inconclusive.

In 1995, at the age of 21, Ms. Marquardt was sentenced to life in prison for the sudden death of her son Kenneth Wynne, 2½.

Dr. Smith, the Crown's star witness, concluded from the boy's autopsy that he had died from "asphyxia" through strangulation or smothering.

New expert evidence since then has provided alternative theories, including the possibility the epileptic toddler's sudden death was brought on by his condition.

As a result of her incarceration, she lost custody of two other young sons who were put up for adoption. She said she and her fiancé hope to reconnect with the boys, who are now teenagers, and move on with their lives and be good parents to their nine-monthold baby, Tiffany.

"My nightmare is finally over," said Ms. Marquardt, clutching a photo of a smiling Kenneth. "The one thing that never should've happened has ended. Now Kenneth can finally rest in peace. It's been too long."

In court, Ms. Marquardt sat composed during the hourlong proceedings, but openly cried when her lawyer, James Lockyer, read aloud the transcript of the 911 call she had made when she found her son entangled in sheets in her bedroom and not breathing.

When emergency crews arrived at her Oshawa home that night in October 1993, they transferred the boy to Toronto's Hospital for Sick Children and immediately took her to the police station for questioning.

"She was convicted for a murder that did not happen," said Mr. Lockyer, who added that his client will be seeking compensation from the province.

Linda Nguyen, Postmedia News · Jun. 8, 2011 | Last Updated: Jun. 8, 2011 2:03 AM ET
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CHARLES RANDALL SMITH AKA "RANDY SMITH" LIVES A FREE AND LUXURIOUS LIFE IN VICTORIA BC - HE SHOULD BE IN JAIL, RIGHT WHERE HIS LIES AND FALSE EVIDENCE SENT SO MANY INNNOCENT PEOPLE.

Category:

News & Politics

Tags:

• Charles
• Randall
• Smith
• Tammy
• Marquardt
• wrongly
• convicted
• adoption
• natural
• parents
• rights

[TheRichanley]

Tammy is still not "free" she has limited access to our 1 yr old daughter, still suffers from post tramautic syndrome, still has not had contact from her other 2 sons and Kenneth is still dead. The Ont. Gov't has offered $250,000 which she has been unable to collect as yet. This is less then mininum wage for 13yrs. Charles Smith has had his expired licence revoked and was given a fine of $3600

[CPSSucks]

@TheRichanley - yes it is truly sickening, especially the fact that "Randy Smith" (as he now calls himself) lives scot free in Victoria with a woman who is getting millions of dollars in funding to do what appears to be child protection type "research." I wish Tammy would write a book or someone somewhere would really get this story out in a form that would be widely published. Why has Tammy not been able to collect the measly $250,000? Why does she only have limited access to her daughter?

[TheRichanley]

@CPSSucks Tammy's lawers are working on the $250k and when our daughter was born C.A.S. stepped into us because Tammy had not yet been accquited,they then found some flaws in our behavior. We are not perfect. But we will not stop trying to be the best parents we can be.We are hoping the lawers can get her money before the Ont. gov't changes in Oct. If the conservitives win, which I think they will, we will have a harder fight, i think.

[CPSSucks]

@TheRichanley - I sure hope you do win. No parent is perfect, but I know one thing for sure - the worst "parent" ever (and this has been proven time and again) is the state, the government, or child protective services in whatever form they are (government or CAS). Have you seen the documentary that was directed by the Ryerson student, Esther Buckareff, "Powerful as God: Children's Aid Societies in Ontario" Check out the doc at Blakout(dot)ca

[CPSSucks]

@TheRichanley - I sure hope you do win. No parent is perfect, but I know one thing for sure - the worst "parent" ever (and this has been proven time and again) is the state, the government, or child protective services in whatever form they are (government or CAS). Have you seen the documentary that was directed by the Ryerson student, Esther Buckareff, "Powerful as God: Children's Aid Societies in Ontario" Check out the doc at Blakout(dot)ca

[Dusty853]

This is my Mothers friend.... I am telling the truth!

[CPSSucks]

@Dusty853 - Dusty853, thank you for letting me know. I don't see any reasons why you'd lie. I have met other victims of Smith on youtube. Tell your Mother I wish all the best for Tammy. In spite of it all she still sounds like a sweet person. And thank your Mom for being Tammy's friend; it sounds like she lost a lot (including friends) thanks to Smith, so-called child protective services, and a crooked system. Take care.

[RabekaJo]

@CPSSucks thanks that will help me get my story out there to be shared with the world and hope I don't face horrible judgement...people don't believe parents like me...because it puts their family at risk of having the same thing happen to them...so it will be a huge risk I will be taking...but I have a blog out there of letters written to my children lost...and it helps me and no one has really attacked me accept once through messenger but oh well I don't care

[CPSSucks]

@RabekaJo - I understand, it must be very difficult. I will send you a message on youtube.

[RabekaJo]

@CPSSucks I thought about it...but I still get so emotional over it all as if it only happened yesterday...and for it being so long ago and me being THAT emotional still about it I can't bring myself to doing anything...if I had like some questions to answer about the whole thing I could maybe do that could you write me a letter asking me questions about it? that would help me to be able to talk about certain parts instead of the many hour long sob fest I could put on film...I could do that ty