Toddler’s dad speaks out
Manslaughter trial into death of Kody Smart continues
The father of the toddler whose death is the focus of a trial in an Ontario Court of Justice courtroom is sharing photos that were taken of his son in intensive care — just hours before doctors took him off life-support.
In an interview outside the St. Catharines courtroom, Brett Smart said he is sharing the photos with The Standard because he wants the public to understand the “gravity” of what happened to his son, Kody Smart.
Brett Smart’s father, Brian Matthews, is on trial for manslaughter in the death of 13-month-old Kody.
“Even these pictures don’t show the full story,” Brett Smart said. “You see my boy in intensive care. You see the machines he was hooked up to. The pictures show what happened to my son, but they don’t tell the whole story. They don’t show you how he was fighting for his life, but his body had gone cold.
“I want people to know that. I want people to see that.”
Smart said what hurts the most about all this that he believes Kody’s death could have been prevented. Kody had been apprehended by Family and Children’s Services Niagara and placed in the care of Matthews.
Smart said he has been taking a beating on social media because his son was apprehended, and that was only adding to his pain.
“The only reason FACS apprehended Kody is because I wouldn’t allow them in my door,” he said. “There were some allegations made. The police interviewed me. They interviewed everyone involved.
“Their conclusion was that the allegations were unfounded, but my children were still apprehended. They destroyed my family.
The pictures show what happened to my son, but they don’t tell the whole story. They don’t show you how he was fighting for his life, but his body had gone cold.”
Brett Smart
“I didn’t want my son placed at my father’s house. Mistakes happened, but this didn’t need to happen this way.”
Ann Godfrey, spokesperson for FACS, said in an interview Tuesday that the death of this child, or any child, is devastating and the agency’s sympathies are with the family and all those affected.
“This is a criminal proceeding, and our obligation to confidentiality prevents us from commenting on specific cases — there is little we can share,” she said.
“What I can tell you is that any decision to apprehend a child is taken very seriously, and is made in careful consultation. The decision is subject to review by the court based on the evidence and assessment of risk to the child. The same approach is taken with regard to placement of children who can not remain at home due to child protection concerns. All options are explored, a decision is reached and carefully considered prior to any placement.”
Matthews was arrested and charged by Niagara Regional Police in November 2015 following a lengthy investigation into the death of his grandson.
Emergency crews were called to a home on Thorold Townline Road on July 25, 2015, in response to a 911 call of a child in medical distress. Paramedics took the child to St. Catharines hospital.
Kody was then transferred by air ambulance to McMaster Children’s Hospital in Hamilton, where he was pronounced dead the following day after doctors removed him from life-support.
In court Tuesday, two NRP officers testified Matthews told them Kody’s injuries were the result of a Labrador-bull mastiff dog named Duke knocking the child over.
Matthews told them the child appeared all right at first, but then had a seizure and became limp and unresponsive.
Tuesday’s proceedings opened with Matthews wife, Jaclyn Matthews, waiting to be called to the witness stand.
Judge Joseph Nadel, during the non-jury trial, had halted her testimony Monday to give her a chance to consult with a lawyer. She needed advice on whether she should answer questions under oath about discussions and communications with her husband.
Under common law, husbands and wives can’t be forced to testify against each other, although there are some exceptions.
Monday, Crown attorney Cheryl Gzik had begun to elicit testimony from Jaclyn Matthews about a series of texts she exchanged with her husband the morning Kody was injured when Nadel put the brakes on.
Jaclyn Matthews Tuesday morning spoke with local attorney Michael DelGobbo for about 45 minutes in a conference room outside the courtroom before she returned to the witness box and announced she wasn’t willing to waive her spousal immunity and answer the questions.
Nadel did, however, allow Czik to ask her about her husband’s actions and behaviour that day.
The trial continues today.