Wednesday, March 3, 2010

KERAN HENDERSON APPEAL; FIRST DAY; COURT TOLD NATURAL CAUSES NOT RULED OUT;


"AT THE START OF AN ESTIMATED THREE-DAY HEARING TODAY, EVIDENCE WAS GIVEN TO THE COURT BY CONSULTANT PATHOLOGIST PROFESSOR JAMES MORRIS, ONE OF THE COUNTRY’S LEADING EXPERTS IN BACTERIAL TOXINS IN COT DEATH CASES. PROF MORRIS, WHO GAVE EVIDENCE IN THE APPEAL OF SOLICITOR SALLY CLARK, TOLD LORD JUSTICE MOSES, MRS JUSTICE RAFFERTY AND MR JUSTICE HEDLEY THAT IN HIS OPINION “THE FEATURES IN MAEVE SHEPPARD’S DEATH ARE CONSISTENT WITH, BUT NOT DIAGNOSTIC OF, SHAKEN BABY SYNDROME”. THE JUDGES HEARD THAT HE ALSO ADVANCED THE “PROPOSITION” THAT MAEVE’S CAUSE OF DEATH “COULD HAVE BEEN DUE TO ONE OF THE NATURAL DISEASE PROCESSES” WHICH CAN CAUSE AN ACUTE LIFE-THREATENING EVENT OR “SUDDEN UNEXPLAINED DEATH."

MAIDENHEAD ADVERTISER;

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BACKGROUND: Keran Henderson, of Iver Heath, Buckinghamshire, has always protested her innocence. She was in sole charge of 11-month-old Maeve Sheppard when she was taken to hospital unconscious and critically ill with brain injuries in March 2005. In November 2007 a jury at Reading Crown Court convicted Henderson, a mother of two, of manslaughter by a majority of 10 to two at the end of a five-week trial. She was jailed for three years and has since completed her sentence. During the trial medical experts for the prosecution claimed the injuries Maeve suffered could only have been caused by violent shaking. Her neck ligaments were "over-extended", indicating that her neck had snapped back and forth, the court heard. But Henderson, who had seven years' experience as a childminder and was also a Beaver Scout leader, claimed Maeve had a seizure while she was changing her nappy. Doctors fought to save the child but her condition deteriorated and her life support machine was turned off two days later after a short christening ceremony. Jailing Henderson the trial judge, Mr Justice Keith, told her: "Ruth and Mark Sheppard (Maeve's parents) trusted you to look after Maeve. We do not know what really happened to make you snap in the way the jury found that you did. Your reputation as someone who parents can confidently leave their children with has been shattered. You are going to have to live the rest of your life with the knowledge that Maeve died in your care." Henderson, who ran her childminding business from her home in Iver Heath, was hired in January 2005 to look after Maeve. Prosecutor Joanna Glynn told the jury: "It is our case that Mrs Henderson violently shook Maeve and the medical evidence is that act caused Maeve's death. Ms. Henderson was released pending her appeal from prison after serving more than half of her sentence after new evidence was advanced by her lawyers which suggests that the science behind shaken baby syndrome is flawed.

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"Judges hearing a conviction appeal by a childminder found guilty of killing a baby in her care have been told that natural causes for the death could not be ruled out," the Maidenhead Advertiser story, published earlier today begins, under the heading "Baby manslaughter appeal hears natural causes could not be ruled out."

"Mother-of-two Keran Henderson, of Pinewood Green, Iver Heath, who has always protested her innocence, was present at the Court of Appeal in London today," the story, which appears without a by-line, continues.

"Three judges are being urged to rule that the 2007 manslaughter conviction, which resulted in her being jailed for three years over the death of 11-month-old Maeve Sheppard, was “unsafe”.

The prosecution case at trial was that injuries suffered by Maeve were caused by violent shaking.

But Henderson, who had seven years' experience as a childminder and was also a Beaver Scout leader, claimed the child had a seizure while she was changing her nappy.

At the start of an estimated three-day hearing today, evidence was given to the court by consultant pathologist Professor James Morris, one of the country’s leading experts in bacterial toxins in cot death cases.

Prof Morris, who gave evidence in the appeal of solicitor Sally Clark, told Lord Justice Moses, Mrs Justice Rafferty and Mr Justice Hedley that in his opinion “the features in Maeve Sheppard’s death are consistent with, but not diagnostic of, shaken baby syndrome”.

The judges heard that he also advanced the “proposition” that Maeve’s cause of death “could have been due to one of the natural disease processes” which can cause an acute life-threatening event or “sudden unexplained death in infancy”.

Prof Morris said that in the context of a sudden unexplained death “one cannot exclude natural, unknown disease”.

Henderson was in sole charge of Maeve when she was taken to hospital unconscious and critically ill with brain injuries in March 2005."


The hearing continues.

The story can be found at:

http://www.maidenhead-advertiser.co.uk/news/article-15205-baby-manslaughter-appeal-hears-natural-causes-could-not-be-ruled-out/

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BBC News report on Day One of Keran Hendersons's appeal;

Baby shaking childminder 'could be innocent'
Keran Henderson
Henderson was babysitting 11-month-old Maeve Shepherd

A Buckinghamshire childminder who was convicted of the manslaughter of an 11-month-old could be innocent, London's Court of Appeal has been told.

Keran Henderson, 43, of Iver Heath in Buckinghamshire, was found guilty in 2007 and jailed for three years.

Henderson was babysitting Maeve Sheppard in March 2005 in Slough, Berkshire, when she fell unconscious.

Consultant pathologist Professor James Morris told the court Maeve could have died from natural causes.

The prosecution case at trial was that injuries suffered by Maeve were caused by violent shaking.

Experts for the Crown Prosecution Service said injuries to the baby were caused by her neck being violently snapped back and forth.

Her QC Michael Topolski, told the court that at trial she faced a "formidable medical case via the 32 witnesses called by the prosecution".

The case needed to be formidable "not least because of the abundance of evidence as to the positive good character" of Henderson, he said.

Henderson's legal team are now calling into question the evidence given by medical experts during the trial.
Maeve Sheppard
Maeve Sheppard died at her parents' home in Slough

Prof Morris, one of the country's leading experts in bacterial toxins in cot death cases, told Lord Justice Moses, Mrs Justice Rafferty and Mr Justice Hedley that in his opinion "the features in Maeve Sheppard's death are consistent with, but not diagnostic of, shaken baby syndrome".

The judges heard that he also advanced the "proposition" that Maeve's cause of death "could have been due to one of the natural disease processes" which can cause an acute life-threatening event or "sudden unexplained death in infancy".

Prof Morris said that in the context of a sudden unexplained death "one cannot exclude natural, unknown disease".

Prosecutor Joanna Glynn, who is opposing the appeal, told jurors at the trial: "It is our case that Mrs Henderson violently shook Maeve and the medical evidence is that act caused Maeve's death."

Served sentence

Henderson, who had seven years' experience as a childminder and was also a Beaver Scout leader, claimed the child had a seizure while she was changing her nappy.

Henderson was in sole charge of Maeve when she was taken to hospital unconscious and critically ill with brain injuries.

A jury at Reading Crown Court convicted Henderson, a mother of two, of manslaughter by a majority of 10 to two at the end of a five-week trial.

She has since completed her sentence.

The appeal hearing is expected to last three days and has been adjourned for the day.

Harold Levy...hlevy15@gmail.com;