STORY: "Hearing Nov. 6 in Rene Bailey shaken baby case," published by the Democrat and Chronicle on October 29, 2013.
GIST: Lawyers will appear in Monroe County Court next Wednesday to argue the merits of an appeal of a 2001 shaken-baby murder conviction. County Court Judge James Piampiano will decide after the oral arguments whether to conduct a full-blown hearing into the case, which challenges the science underlying the form of child abuse known as shaken-baby syndrome. A growing number of such challenges have been filed nationally, with a small number of them succeeding. No New York defendants have been freed yet on the basis of such an appeal. René Bailey, who operated a Greece in-home day care center, was convicted of second-degree murder after the death of a 2½-year-old child in her care. Medical experts testified that the child suffered brain injuries which could only have been caused by violent shaking at the hands of an adult. Jurors disregarded Bailey’s claim that the child had struck her head after jumping from a chair. Bailey, 53, remains in state prison. But a volunteer lawyer working on her behalf filed a voluminous appeal in February, asking that Bailey’s conviction be vacated because the science used to convict her was flawed. Research since 2001 has found that falls and illnesses can cause injuries previously ascribed to shaking, lawyer Adele Bernard argued in motion papers. René Bailey, who operated a Greece in-home day care center, was convicted of second-degree murder after the death of a 2½-year-old child in her care. Medical experts testified that the child suffered brain injuries which could only have been caused by violent shaking at the hands of an adult. Jurors disregarded Bailey’s claim that the child had struck her head after jumping from a chair. Bailey, 53, remains in state prison. But a volunteer lawyer working on her behalf filed a voluminous appeal in February, asking that Bailey’s conviction be vacated because the science used to convict her was flawed. Research since 2001 has found that falls and illnesses can cause injuries previously ascribed to shaking, lawyer Adele Bernard argued in motion papers."
The entire story can be found at:
http://her.democratandchronicle.com/article/20131029/NEWS01/310290033/Hearing-Nov-6-Ren-Bailey-shaken-baby-case
See also "Shaken baby doubts keep surfacing: (Reference to the Bailey case); "Part I, “Shaken baby science doubt grows,” features a complex and thoughtful text piece about child-care provider René Bailey, whose 2002 conviction is now being appealed by Professor Adele Bernhard and her students at Pace Law School’s Post Conviction Project.
http://onsbs.com/2013/07/24/shaken-baby-doubts-keep-surfacing/
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.
I look forward to hearing from readers at:
hlevy15@gmail.com
