Countdown to Wrongful Conviction Day: Friday, October 2, 2105; 17 days. For information: http://www.aidwyc.org/wcd-2015/
POST: "Aisling Brady McCarthy Released, a Decision That Will Matter," by Sue Luttner, published by "On SBS" on September 11, 2015.
GIST: "Last
week’s decision in Boston to drop charges against
Irish babysitter Aisling Brady McCarthy, finally free after two
and a half years in jail accused of shaking 1-year-old Rehma Sabir to
death, seems to have produced only a few ripples in the news, but I think
the case will stand as a touch point in the ongoing debate.........Still,
both Boston television station WCVB and letter writer Phillip L. Radoff in The
Boston Globe noted that McCarthy’s case is the second Middlesex County shaken
baby prosecution to be dismissed in the past year—charges were dropped in
September of 2014 against local father Geoffrey Wilson. Both diagnoses were made by
child abuse pediatrician Dr. Alice Newton, who presented at the National Center on
Shaken Baby Syndrome conference in Denver last fall, on the topic,
“Towards Better Collaboration Between District Attorneys and Child Abuse
Pediatricians.” Her abstract for that talk includes this
reflection: With
an increasing focus in our society on whether Abusive Head Trauma exists, close
collaboration between medical professionals and law enforcement has become
increasingly important for a successful investigation and prosecution. What
I find refreshing about Dr. Newton’s abstract is the full transparency: She
seems to believe that the debate really is about whether or not Abusive Head
Trauma exists, and she recommends that child abuse pediatricians view
themselves as part of the prosecution team. Meanwhile,
Katherine Judson and Keith Findley at the Wisconsin Innocence Project
wrote a letter to the editor of The Boston Globe
praising the Middlesex medical examiner’s office for its willingness
to re-think the McCarthy case and offering this bold—and
accurate—indictment of the community of child abuse experts: Even
after nearly 20 reversals of convictions and hundreds of dismissals and
acquittals, some proponents of the shaken baby syndrome and abusive head trauma
hypothesis refuse either to acknowledge that there may be flaws in the
diagnostic process or to engage in an honest conversation about the science.
Instead, they engage in personal attacks upon those who challenge their dogma
or claim that there is no debate. What
I think Judson and Findley are asking for is not more talk about whether or not
abusive head trauma exists. Shaking a baby, like hitting or slamming a
baby, is unacceptable and likely to cause serious injuries. The question
is whether the findings that now lead to a diagnosis of shaken baby
syndrome really do prove abuse..........Through
years of pro bono perseverance, McCarthy’s attorneys finally convinced the
county to drop the charges against their client, who must now figure out
how to put her life back together. And unlikely as it is to say about
someone who’s spent two and a half years incarcerated for a
crime that never occurred, McCarthy is one of the lucky ones. Despite their own
best efforts and the efforts of their attorneys, Michelle Heale in New Jersey and Joshua Burns in Michigan were both convicted
earlier this year—also in cases where the infants had complex medical
histories—and Cindy Rosenwinkel was convicted in a short fall
case. I
can’t put it any better than Judson and Findley, who wrote: The
flawed analysis of child abuse cases has led to the conviction of innocent
people and the destruction of many more lives. It must be reevaluated. Children
and families deserve real science and sound research; they deserve better than
the repetition of unsubstantiated dogma."
The entire post can be found at:
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