"Death row inmate Jeffrey Havard is arguing in a motion for a new
trial that evidence of Shaken Baby Syndrome used to convict him of
capital murder is now distrusted by the scientific and medical
communities. Havard filed the motion in Alcorn County Circuit Court in June. Prosecutors have until Aug. 31 to respond. In
April, the Mississippi Supreme Court ruled Havard could seek a new
trial on the issue of Shaken Baby Syndrome. An Adams County judge will
determine if Havard's argument has any validity.........For decades, Shaken
Baby Syndrome was widely accepted, diagnosed through a triad of
symptoms: subdural bleeding (blood collecting between the brain and the
skull), retinal bleeding (bleeding in the back of the eye) and brain
swelling. In the years since, medical belief that these symptoms
provided iron-clad proof of homicide has begun to crumble with several
studies raising doubts. In 2009, the American Academy of Pediatrics recommended the syndrome diagnosis be replaced with "abusive head trauma." Havard
argued to the Supreme Court that he didn't know anything about such
arguments or he would have had his attorney investigate.
State prosecutors said the information was readily available if Havard had only looked."