WINDSOR, ON, Oct. 2 /CNW/ - William Mullins-Johnson has started a
$13 million lawsuit for damages he suffered as a result of his wrongful murder
conviction. The defendants in the action are Dr. Charles Smith, Dr. Marcellina
Mian, Dr. Bhubendra Rasaiah, Dr. Patricia Ann Zehr, Dr. James Young and Dr.
On September 21, 1994, Mr. Mullins-Johnson was convicted of the first
degree murder of his four-year-old niece and sentenced to life in prison
without eligibility for parole for 25 years. He remained in prison for
12 years, 2 months and 27 days. Eventually, on October 15, 2007, the Ontario
Court of Appeal quashed his conviction and acquitted him. In its reasons, the
Court stated that "Mr. Mullins-Johnson was arrested, convicted of first degree
murder and spent twelve years in prison because flawed pathology evidence is a
terrible miscarriage of justice."
In his lawsuit, Mr. Mullins-Johnson alleges that his arrest, charge,
prosecution and wrongful conviction "were the result of the reckless, bad
faith, negligent and intentional acts and omissions of the defendants," and
that the opinions of Dr. Smith, Dr. Mian, Dr. Rasaiah and Dr. Zehr about the
cause and circumstances of his niece's death were "scientifically flawed" and
"rushed him to judgment." The statement of claim also alleges that Dr. Young
and Dr. Cairns, as Chief Coroner and Deputy Chief Coroner of Ontario
respectively, failed to supervise Smith and directed him to adopt a "think
dirty" approach to investigating suspicious deaths of young children by
presuming that abuse had occurred.
Mr. Mullins-Johnson's lawyers are Harvey T. Strosberg, Q.C. and David
Robins of Sutts, Strosberg LLP. Mr. Strosberg said, "It is unfortunate that
the justice system cannot retroactively restore liberty."
Sutts, Strosberg LLP is one of Canada's leading litigation law firms. Mr.
Strosberg and his partner Mr. Robins recently settled the wrongful conviction
claim of James Driskell for more than $4 million. Mr. Driskell was wrongfully
convicted of murder in Manitoba and spent 13 years in prison.
For further information: David Robins, (519) 561-6211, Sutts, Strosberg
LLP, or visit the website www.strosbergco.com