Countdown to Wrongful Conviction Day: Friday, October 2, 2105; 17 days. For information: http://www.aidwyc.org/wcd-2015/
POST: "Aisling Brady McCarthy Released, a Decision That Will Matter," by Sue Luttner, published by "On SBS" on September 11, 2015.
GIST: "Last week’s decision in Boston to drop charges against Irish babysitter Aisling Brady McCarthy, finally free after two and a half years in jail accused of shaking 1-year-old Rehma Sabir to death, seems to have produced only a few ripples in the news, but I think the case will stand as a touch point in the ongoing debate.........Still, both Boston television station WCVB and letter writer Phillip L. Radoff in The Boston Globe noted that McCarthy’s case is the second Middlesex County shaken baby prosecution to be dismissed in the past year—charges were dropped in September of 2014 against local father Geoffrey Wilson. Both diagnoses were made by child abuse pediatrician Dr. Alice Newton, who presented at the National Center on Shaken Baby Syndrome conference in Denver last fall, on the topic, “Towards Better Collaboration Between District Attorneys and Child Abuse Pediatricians.” Her abstract for that talk includes this reflection: With an increasing focus in our society on whether Abusive Head Trauma exists, close collaboration between medical professionals and law enforcement has become increasingly important for a successful investigation and prosecution. What I find refreshing about Dr. Newton’s abstract is the full transparency: She seems to believe that the debate really is about whether or not Abusive Head Trauma exists, and she recommends that child abuse pediatricians view themselves as part of the prosecution team. Meanwhile, Katherine Judson and Keith Findley at the Wisconsin Innocence Project wrote a letter to the editor of The Boston Globe praising the Middlesex medical examiner’s office for its willingness to re-think the McCarthy case and offering this bold—and accurate—indictment of the community of child abuse experts: Even after nearly 20 reversals of convictions and hundreds of dismissals and acquittals, some proponents of the shaken baby syndrome and abusive head trauma hypothesis refuse either to acknowledge that there may be flaws in the diagnostic process or to engage in an honest conversation about the science. Instead, they engage in personal attacks upon those who challenge their dogma or claim that there is no debate. What I think Judson and Findley are asking for is not more talk about whether or not abusive head trauma exists. Shaking a baby, like hitting or slamming a baby, is unacceptable and likely to cause serious injuries. The question is whether the findings that now lead to a diagnosis of shaken baby syndrome really do prove abuse..........Through years of pro bono perseverance, McCarthy’s attorneys finally convinced the county to drop the charges against their client, who must now figure out how to put her life back together. And unlikely as it is to say about someone who’s spent two and a half years incarcerated for a crime that never occurred, McCarthy is one of the lucky ones. Despite their own best efforts and the efforts of their attorneys, Michelle Heale in New Jersey and Joshua Burns in Michigan were both convicted earlier this year—also in cases where the infants had complex medical histories—and Cindy Rosenwinkel was convicted in a short fall case. I can’t put it any better than Judson and Findley, who wrote: The flawed analysis of child abuse cases has led to the conviction of innocent people and the destruction of many more lives. It must be reevaluated. Children and families deserve real science and sound research; they deserve better than the repetition of unsubstantiated dogma."
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