Saturday, December 5, 2015

Derrick Epps; Oswelt Millien; Massachusetts; Full Court Press: State’s high court to weigh future of
 shaken-baby cases; "Shaken-baby syndrome, a controversial diagnosis that has put parents and caretakers like Irish nanny Aisling Brady McCarthy behind bars for years, is under attack in Massachusetts — and now the state’s highest court will consider two cases that hinge on the validity of the science. Derick Epps and Oswelt Millien, convicted of assault and battery on a child causing substantial bodily injury, will have their cases heard by the Supreme Judicial Court on Monday. They are asking for new trials based on evidence that calls into question whether shaken-baby syndrome is a scientifically sound diagnosis." Reporter Bob McGovern. Boston Herald.


STORY: "Full Court Press: State’s high court to weigh future of
 shaken-baby cases," by reporter Bob McGovern, published by the Boston Herald on December 5, 2015.
 

PHOTO CAPTION: "Long ordeal: Irish nanny Aisling Brady McCarthy spent more than two years behind bars before her shaken-baby case was tossed."

GIST:  "Shaken-baby syndrome, a controversial diagnosis that has put parents and caretakers like Irish nanny Aisling Brady McCarthy behind bars for years, is under attack in Massachusetts — and now the state’s highest court will consider two cases that hinge on the validity of the science. Derick Epps and Oswelt Millien, convicted of assault and battery on a child causing substantial bodily injury, will have their cases heard by the Supreme Judicial Court on Monday. They are asking for new trials based on evidence that calls into question whether shaken-baby syndrome is a scientifically sound diagnosis. “It’s an important issue and one that courts and everyone involved in the law need to be careful of,” said Matt Segal, legal director of the Massachusetts chapter of the American Civil Liberties Union, which is backing the appeal. “When a child is killed, it’s a horrible crime. But the issue is: Is the scientific evidence supporting what the prosecution is arguing?” The SJC in August asked for briefs from those who may have an interest in the intersection of criminal law and shaken-baby syndrome. Concerned Physician and Scientists, the Innocence Network, the Massachusetts Association of Criminal Defense Lawyers and the Committee for Public Counsel Services are also supporting the defendants. To date, no groups have aligned with district attorneys in Middlesex and Essex counties, whose offices are fighting to uphold the convictions. Both offices declined to comment, citing the pending case. In their brief, Middlesex prosecutors said “the jury’s conclusion was more than reasonable and possible” in Millien’s case. Essex prosecutors wrote that an expert, who had been barred from testifying against shaken-baby syndrome in Epps’ case, “was not credible.” The groups attacking shaken-baby syndrome say they aren’t trying to save those who would harm or kill kids. Instead, they see using the diagnosis to obtain convictions as a gross miscarriage of justice. The best argument against the shaken-baby diagnosis is McCarthy, the Irish nanny who sat behind bars for more than two years while facing first-degree murder charges that were eventually dropped by Middlesex prosecutors this year. Marian T. Ryan’s office also dropped charges against Geoffrey Wilson, an MIT employee accused of killing his own son. In both cases the medical examiner’s office, after looking at the family medical history, could no longer stand by its determination that the manner of death was homicide."

The entire story can be found at:

http://www.bostonherald.com/news/columnists/bob_mcgovern/2015/12/full_court_press_state_s_high_court_to_weigh_future_of_shaken

PUBLISHER'S NOTE: Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
 
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
 
 http://www.thestar.com/topic/charlessmith
 
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html  
I look forward to hearing from readers at:

hlevy15@gmail.com;  Harold Levy: Publisher; The Charles Smith Blog;