Aisling Brady McCarthy: Massachusetts; Bail hearing set for Tuesday (after two and a half years in custody); A key factor inthe decision to lay the first degree murder charge based on shaken baby syndrome was the opinion of Dr. Alice Newton, then of Children’s Hospital, who determined 1-year-old Rehma Sabir had been brutalized with the force of a high-speed car crash....But in the space of two years much has changed. Dr. Alice Newton’s assessments in both the cases of Justina Pelletier and that of 6-month-old Nathan Wilson were either challenged or overturned. ... Harvey Silverglate, who, along with Barry Scheck, appealed the Woodward case, said he found the re-review in the McCarthy case both unusual and heartening. “The prosecution in these cases generally are like a steamroller going downhill,” Silverglate said, “but we’ve now arrived at a point of critical mass where too many innocent people have been charged with crimes based on science that has proven to be little more than hokum.” Dr. Patrick Barnes, who has reversed his thinking on shaken-baby syndrome will testify at the bail hearing for the defence. Peer Gelzinis; Boston Herald;

STORY:  "Gelzinis: "Shaken-baby case 're-review' prompted by shifting science," by Peter Gelzinis published by the Boston Herald on May 3, 2014.

PHOTO CAPTION:  "No bail yet:  Irish nanny Aisling Brady McCarthy, shown with attorney David Meier, has been in jail for two and a half years awaiting trial in the death of 1-year-old Rehma Sabir."

GIST:  "Sixteen years after Louise Woodward, a 19-year-old British au pair, was charged with killing a toddler in her care, Aisling Brady McCarthy, a 34-year-old nanny, stepped into the same incendiary spotlight. Two and a half years ago, her lawyer, Melinda Thompson, launched into a spirited argument for bail based on the disputed 
science surrounding “shaken baby syndrome.” The judge wasn’t interested. The $500,000 bail on McCarthy would stand. A few weeks later, Gerry Leone, whose public career began with his prosecution of Louise Woodward, closed out his tenure as Middlesex district attorney by announcing a charge of first-degree murder against another nanny. He based his charge on the report of a medical examiner whose findings were buttressed by Dr. 
Alice Newton, then of 
Children’s Hospital, who determined 1-year-old Rehma Sabir had been brutalized with the force of a high-speed car crash. On Tuesday, Middlesex Superior Court Judge 
Maureen B. Hogan will consider releasing Aisling Brady McCarthy on a GPS bracelet in large measure because the same medical examiner that declared Rehma Sabir’s death a homicide two years ago has now undertaken a “re-review” of the evidence in this case. “It’s almost unheard of,” said veteran Boston defense lawyer Michael Doolin. 
“Obviously, (McCarthy’s) defense counsel has produced a significant amount of medical evidence that runs counter to what the medical examiner said. Still, it’s a rare occurrence that something like this happens.” But in the space of two years much has changed. Dr. Alice Newton’s assessments in both the cases of Justina Pelletier and that of 6-month-old Nathan 
Wilson were either challenged or overturned. Harvey Silverglate, who, along with Barry Scheck, appealed the Woodward case, said he found the re-review in the McCarthy case both unusual and heartening. “The prosecution in these cases generally are like a steamroller going downhill,” Silverglate said, “but we’ve now arrived at a point of critical mass where too many innocent people have been charged with crimes based on science that has proven to be little more than hokum.” Among the medical experts McCarthy’s lawyers plan to call is Dr. Patrick Barnes. When Leone and Martha Coakley prosecuted Louise Woodward 16 years ago, Barnes was their star expert witness. Now, he is scheduled to testify on behalf of Aisling Brady McCarthy. “After my experience as a witness for the prosecution in the Woodward case,” Barnes said in a PBS interview, “we started using more advance imaging techniques and realized there were a number of medical conditions that can affect a baby’s brain and look like symptoms we used to attribute to shaken baby syndrome.” In other words, Patrick Barnes has reversed his thinking. Now, two and a half years after Thompson tried to 
explain all this to an arraignment judge, another judge will finally consider her 
arguments."

The entire story can be found at:

http://www.bostonherald.com/news_opinion/columnists/peter_gelzinis/2015/05/gelzinis_shaken_baby_case_re_review_prompted_by

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;