45 year old Shelly Kuzyk is accused of deliberately hurting a 2-month old baby she was babysitting. The infant was taken to McMaster hospital in April with four broken bones.
The news brought back painful memories for Robert Tooke. Tooke believes Kuzyk killed his baby boy, Tristan Tooke when she was babysitting him in 1997.
20 years ago, Kuzyk brought little baby Tristan to McMaster hospital after saying he fell off the bed, but the experts said it was clear the boy was abused. He had two fractures in his skill, his teeth were loose, he had bruises all over and was bleeding behind the eyes. He died 16 hours later.
Charged with 2nd degree murder, Kuzyk was found not guilty. Key to her defence was the testimony of a now discredited forensic pathologist. Dr. Charles Smith testified for the defence. Smith raised what was believed to be reasonable doubt about the baby’s injuries. Since that trial, Smith has been linked to five wrongful convictions and he has been stripped of his medical licence.
Robert Tooke says he tried to appeal the verdict but got nowhere.
Kuzyk will appear in court next month.