Nine years ago Marco Trotta was painted as a monster father, an arrogant, cocky man who beat his baby boy and spent the family's limited money on fancy hubcaps instead of baby food.

Yesterday, Trotta was granted bail by the Ontario Court of Appeal essentially because he was convicted after testimony by now disgraced pathologist, Dr. Charles Smith, who conducted an autopsy on 8-month-old Paulo. Trotta and his wife Anisa have always maintained Paulo died of natural causes.

Now 38, Trotta was sent to prison after being convicted of second-degree murder in 1998 to serve a life sentence with no chance of parole for 15 years.

Last night after the paperwork was processed, Trotta left Fenbrook, a medium-security federal facility near Gravenhurst.

Anisa arrived at Fenbrook shortly after 8 p.m. and gave her waiting husband a peck on the cheek.

They emerged with Trotta wheeling a loaded dolly, and as he transferred four boxes of personal items to the car, he told reporters that he had mixed feelings.

"I'm happy, I'm distraught ... My feelings right now are just wanting to go home, just putting this nightmare behind me,'' he said.

A few inmates at the Beaver Creek facility across the street watching the scene screamed, "Yeah, Marco!"

Anisa responded with a delighted scream before the couple drove off. It all took about 10 minutes.

Hours earlier in a downtown Toronto courtroom, the Crown did not oppose bail, set at $100,000. Outside court, a teary Anisa credited friends for their support. "They have been few and far between but I do have some true friends who have been there for us."

In a lighter moment, she laughed, "I have champagne waiting."

Trotta's lawyer, Michael Lomer, said it was a "big day" for his client. Trotta's release came two weeks after a damning report from Ontario's chief coroner, Dr. Barry McLellan, concluded Smith - at one time considered Canada's leading child pathologist - likely erred in 20 Ontario cases in which people were charged with killing children, including 12 that resulted in convictions.

The province later called an inquiry into Smith's work.

Trotta was the first behind bars to be granted release in the wake of the report.

In the case of William Mullins-Johnson, who spent 12 years in jail for the death of his 4-year-old niece Valin Johnson, the province is supporting his claim that he was wrongly convicted.

Mullins-Johnson was freed on bail in 2005, pending an appeal, after independent experts concluded the child died of natural causes.

Sherry Sherrett of Trenton, jailed for a year in the 1996 death of her baby Joshua, wants her name cleared and the government has told her it will consider extending her window to appeal. In 1999, the then-23-year-old was convicted of infanticide in the Jan. 23, 1996 death.

In the Trotta case, Marco Trotta must return to custody Oct. 11, the day before his appeal is heard by the Supreme Court of Canada. In the meantime, he and his wife will live in a basement apartment in Brampton. He may not be alone with any child under the age of 5 unless accompanied by an adult, other than his wife.

He may not see their two surviving children.

Anisa Trotta was convicted in 1998 of criminal negligence causing death and was sentenced to five years in jail. A jury found her not guilty of manslaughter. At the trial, the Crown argued Marco Trotta killed Paulo and Anisa covered up for him.

In October 2004, Ontario's Appeal Court upheld the convictions, saying the Crown had presented "overwhelming evidence" Trotta had abused his son.

Paulo Trotta was rushed to Oshawa General Hospital on May 29, 1993 and doctors could not revive him. An initial autopsy concluded he died of Sudden Infant Death Syndrome.

But after another Trotta child suffered a broken thigh one year later, Paulo's body was exhumed. Smith performed a second autopsy, ruling the death suspicious.

At Trotta's trial, Smith testified the baby suffered three skull fractures, injuries caused by an adult.

The eight-week trial also heard that in his eight months, little Paulo suffered a broken leg, countless bruises and twisted limbs, bites and beatings. The jury also heard evidence from neighbours that the father had a foul temper and often shouted "shut up" and "shut that f---ing kid up."

With files from Canadian Press