Ashley Smith jurors watch video showing her death
Jurors view video of teen choking to death on floor of prison cell
CBC News
Posted: Jan 21, 2013 1:09 PM ET
Last Updated: Jan 22, 2013 4:58 PM ET
Related
Related Stories
External Links
(Note:CBC does not endorse and is not responsible for the content of external links.)
The jury at the coroner’s inquest into the death of troubled teen Ashley Smith watched disturbing video Monday of her final moments in a cell at a southern Ontario correctional facility.
The video shows guards watching as the 19-year-old choked to death with a piece of cloth tied around her neck as she lay face down in her cell at the Grand Valley Institute for Women in Kitchener in October 2007.
At the time the video begins, recorded at 6:45 a.m., guards had been debating for about 10 minutes what to do about Smith, who had tied a ligature around her neck — something she’d done several times before. The guards had been told she was seeking attention, and not to intervene unless she stopped breathing.
But on this occasion, Smith was wedged between the bed and the wall on the floor of her cell, face down, gasping for breath but not speaking.
Another 10 minutes pass before the guards enter her cell and cut the cloth from around her neck, after which they leave the cell and continue to watch outside the door.
Smith doesn’t move, and after a few more minutes the guards enter the cell and try to rouse her by slapping her on the back, without any response.
The guards begin to perform CPR, though one of them is heard swearing that she hasn’t had any CPR training in 11 years.
A nurse arrives and an ambulance is called as the guards continue to perform CPR, until the emergency workers arrive at 7:10 and take over. They work on Smith for another 30 minutes, then transfer her to a gurney, all the while continuing chest compressions. Smith is wheeled out of the prison to the hospital.
The prison guard who recorded the video, Valentino Burnett, testified on Monday and came under fire for following orders not to intervene when Smith was choking.
Burnett acknowledged under questioning that “in a perfect world” he would have entered the cell to save Smith.
Burnett and three other prison employees were charged for their role in Smith’s death, but the charges were dropped.
Kim Pate, who heads the Canadian Association of Elizabeth Fry Societies, says the video is disturbing but needs to be shown at this inquiry. “It’s important that the public sees the video, in large part because many people don’t believe this sort of thing happens inside.
But Howard Rubel, lawyer for the correctional officers union, defends the guards, who struggled and debated how to deal with Smith.
"They were following what they were told was in the best interests of Miss Smith and they were trying to help her as much as possible to prevent the tragedy, but unfortunately, they weren’t allowed to prevent that tragedy as they saw fit.”
Julian Falconer, the Smith family lawyer, said the teen "was left to die by the correctional system, by our utter failures to meet the needs of the mentally ill."
The five women on the jury watched the video intently, sighing and shaking their heads in disbelief, reported the CBC's Ioanna Roumeliotis.
The inquest continues Tuesday with lawyers from all sides questioning the guards who were on duty the night Smith died.
Smith family lawyer raises sleep deprivation
Earlier in the day, an assistant warden at Grand Valley denied authorities had spruced up the death cell before jurors toured last Thursday.
Tony Simoes, who led the tour, described photographs of the cells and what was in them.
Falconer, the Smith family lawyer, suggested the steel cot in the cell would have been uncomfortable for anyone to sleep on.
"There can be legitimate security reasons for making people sleep on metal?" Falconer asked.
"Is sleep deprivation part of [Correctional Service of Canada] punishment?"
"I cannot comment on that," Simoes responded.
"You don't know?"
Simoes, in charge of the physical structure of the prison, said he had never slept on one of the cots, and that he didn't know enough to speak to the sleep-deprivation suggestion.
Jurors also saw pictures of the segregation exercise yard, a drab, barren concrete slab of about three metres by 10.5 metres surrounded by high razor-wire topped walls.
The rules allow segregation inmates one hour of exercise in the recreation yard, Simoes said.
"The term 'yard' is much like the term 'bed,' isn't it?" Falconer asked.
Smith was admitted directly to the segregation unit on Aug 31, 2007. With the exception of a few hospital visits, she remained in isolation until she choked to death on Oct. 19.
Falconer pressed Simoes to concede there are no special cells for mentally ill inmates.
"There are other spaces in the prison," Simoes said.
"But Ashley never saw those spaces," Falconer rejoined.
Falconer also pointed to photographs that showed clearly visible paint stains and other defects on the cell walls.
"If you're inferring that we painted it just before you came, that's incorrect," Simoes said.
Simoes also said prison policy is that only women guards can monitor surveillance cameras of female inmates.
With files from the CBC's Maureen Brosnahan and The Canadian PressShare Tools
Top News Headlines
- Spectator killed at Edmonton Jeep event
- A 20-year-old woman died Saturday during an event for Jeep enthusiasts held in a parking lot just west of downtown Edmonton. more »
- RCMP scour for signs of 2 missing fishermen in N.B.
- The rescue attempt for two missing fishermen has been called off in New Brunswick, hours after one body was found. more »
- Afghan legislators block law protecting women
- An Afghan legislator says conservative lawmakers have blocked approval of a law that aims to protect women's freedoms, saying parts of it violate Islamic principles. more »
- Senator Pamela Wallin leaves Conservative caucus
- Senator Pamela Wallin says she is recusing herself from the Conservative caucus while her travel expense claims are under scrutiny. Wallin's departure comes one day after Senator Mike Duffy left the Tory caucus amid controversy over his expense claims. more »
Must Watch
Latest Canada News Headlines
- Toronto Mayor Rob Ford cancels weekly radio show
- Toronto Mayor Rob Ford will not be hosting his weekly radio show this weekend after explosive allegations that he was recorded on video appearing to smoke crack cocaine. more »
- RCMP scour for signs of 2 missing fishermen in N.B.
- The rescue attempt for two missing fishermen has been called off in New Brunswick, hours after one body was found. more »
- Police not questioning Millard in other cases, lawyer says
- The lawyer for Dellen Millard, who is accused of murdering Hamilton man Tim Bosma, says his client has not been questioned in connection with any other cases. more »
- Panda exhibit opens at Toronto Zoo
- The long -awaited day for the public unveiling of a pair of giant pandas at the Toronto Zoo has finally arrived. more »
The National
The Current
- Why thousands of people want a one-way trip to Mars May. 17, 2013 4:08 PM Nearly 80,000 people are eager to blast off on a one-way colonizing mission to Mars - but some experts believe no one is likely to get off the ground.
- Senator Pamela Wallin leaves Conservative caucus
- Toronto Mayor Rob Ford denies crack cocaine allegations
- Milwaukee bar wins overturn of bra ban
- RCMP scour for signs of 2 missing fishermen in N.B.
- Afghan legislators block law protecting women
- Toronto Mayor Rob Ford cancels weekly radio show
- Tim Bosma public memorial Wednesday in Hamilton, Ont.
- Public raising funds to buy alleged Rob Ford crack video
- Dennis Oland named as prime suspect in father's slaying

