STORY: "Lawyers argue for new trial in 1994 Bartlett day care death case," by reporter Leah Hope, published by ABC 7 Chicago on September 16, 2013.
GIST: "Pamela Jacobazzi is serving a 32-year sentence for first degree murder of a child at her Bartlett day care center in the '90s. The baby died after what a jury determined was shaken baby syndrome. Jacobazzi was granted a hearing to determine if medical records omitted from the original trial may shed new light on the possible cause of death. On Monday, Jacobazzi's attorney argued for a new trial, that the record tells us the baby had pre-existing conditions that may have resulted in the fatal brain bleeding. "That mistake is absolutely critical," said Anthony Sassan, attorney. "The jury did not hear evidence in this case. The jury did not hear the most important evidence in this case." The first witness called by Jacobazzi's defense team was forensic expert Dr. John Plunkett. He is working for free on this case and testified that many factors can lead the the type of bleeding from which the baby ultimately died. "This bleed began at least three days before on August 8th or much earlier. This did not begin on August 11," said Dr. John Plunkett, witness for the defense. DuPage County prosecutor Joe Ruggiero argues that the records were available and that Jacobazzi, "The defendant got a fair and constitutionally defended trial." If a new trial is granted this could have implications for others convicted of using shaken baby syndrome.........The hearing is expected to last the rest of the week."
GIST: "Pamela Jacobazzi is serving a 32-year sentence for first degree murder of a child at her Bartlett day care center in the '90s. The baby died after what a jury determined was shaken baby syndrome. Jacobazzi was granted a hearing to determine if medical records omitted from the original trial may shed new light on the possible cause of death. On Monday, Jacobazzi's attorney argued for a new trial, that the record tells us the baby had pre-existing conditions that may have resulted in the fatal brain bleeding. "That mistake is absolutely critical," said Anthony Sassan, attorney. "The jury did not hear evidence in this case. The jury did not hear the most important evidence in this case." The first witness called by Jacobazzi's defense team was forensic expert Dr. John Plunkett. He is working for free on this case and testified that many factors can lead the the type of bleeding from which the baby ultimately died. "This bleed began at least three days before on August 8th or much earlier. This did not begin on August 11," said Dr. John Plunkett, witness for the defense. DuPage County prosecutor Joe Ruggiero argues that the records were available and that Jacobazzi, "The defendant got a fair and constitutionally defended trial." If a new trial is granted this could have implications for others convicted of using shaken baby syndrome.........The hearing is expected to last the rest of the week."
The entire story can be found at:
http://abclocal.go.com/wls/story?section=news/local&id=9250795
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/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com
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