Move follows disgraced doctor’s faulty forensics

Canada’s highest court weighed in on the work of disgraced pathologist Dr. Charles Smith and ordered a new trial for a Toronto-area husband and wife convicted in the 1993 death of their eight-month-old son.



However, in a unanimous ruling, the Supreme Court of Canada stopped well short of acquitting Marco and Anisa Trotta in the death of their infant son Paolo.



Citing unspecified "remaining evidence" that could support a conviction by a "properly instructed jury" even without Smith’s faulty forensic analysis, the high court ordered a new "untainted" trial for the couple on all charges ranging from criminal negligence to murder — a trial the Ontario attorney general’s office confirmed yesterday will go ahead.

Marco Trotta, 38, has served nine years of a life sentence, following his conviction for second-degree murder, endangering life by committing aggravated assault, and assault. He had pleaded not guilty to all three charges.

His wife, Anisa, five years his junior, completed a five-year sentence on convictions for criminal negligence and failing to provide the necessities of life to their boy. She was acquitted at their joint trial on a manslaughter charge.

first of many files

  • The Trottas’ cases are the first of the tainted Smith files to reach the high court since the pathologist’s credibility was thrown into question by an international review of his practices.