Man jailed after Smith autopsy can seek bail: Ontario AG

Ontario's attorney general agreed on Tuesday to support the bail application of a man who was convicted ofkilling his infant sonbased, in part, on an autopsy by a pathologist whose work is being probed by the province.

Michael Bryant said he will support Marco Trotta's application for release while his case is appealed to the Supreme Court of Canada. Bryant said the Crown has consented to the bail application as well.

"It'll ultimately be for the court to decide whether or not to release"Trotta,Bryant said. "It's another example of the Crown responding as expeditiously as possible once defence file their papers."

Trotta, 38, of Oshawa, Ont., has spent 10 years in jail after being convicted of second-degree murder in 1998.

His son's death was initially ruled a crib death, but Dr. Charles Smith's autopsyconcluded the baby had a fresh skull fracture and a broken arm.

On Thursday, the Ontario chief coroner's office released a report on Smith's work that ruled 20 of his autopsies contained questionable findings.

Concerns were raised about 20 of the 45 child autopsies conducted, said Coroner Barry McLellan. Thirteen ofthe 20resulted in criminal convictions.

Trotta is the only person implicated by Smith's autopsies who remains in jail.

Trotta's lawyer, Michael Lomer, welcomed the news on Tuesday. He said he hopes to arrange for a bail hearing next week in Toronto.

"I'm absolutely delighted … It's a great indication," Lomer said.

On Friday, the Ontario government announced it willhold an inquiry to probe Smith's work.

Smith was considered a leading expert on pediatric forensics at Toronto's Hospital for Sick Children, where he practisedfor 24 years. He left Ontario in 2005 to work as a pathologist in Saskatchewan.

He is now believed to be living in British Columbia.