Wednesday, October 14, 2015

Bulletin: Geoffrey Wilson; Aisling Brady McCarthy; Massachusetts; '5 Investigates' reports on a district attorney accused of unethical interference in a shaken baby case - to the backdrop of murder charges dropped against two defendants in high-profile shaken baby cases; "Pathologist Judy Melinek of the National Association of Medical Examiners said ME's must be able to operate without interference from law enforcement. She was the lead author on a study revealing widespread concerns among medical examiners that law enforcement and others were trying to infringe on that independence. "A medical examiner or any scientist for that matter should feel comfortable testifying to the truth of their scientific convictions without being bullied or threatened or being afraid to lose their job as a result," Melinek told 5 Investigates, adding she couldn't tell from the documents in the Wilson case what exactly happened. "It's not about winning or losing a case, it's about justice," she said."

"This was not justice being served. Geoff Wilson never committed a crime yet he was penalized and punished for it for over four years," said attorney Jeff Catalano, who represents Wilson. "Geoff Wilson was interrogated and then arrested for this crime the same night that his baby died." Charges against Wilson were dropped in 2014 after the Medical Examiner's office changed its manner of death from homicide to undetermined. In that process, pathologist Dr. Peter Cummings says he felt "bullied" by prosecutors and accused the district attorney's office of "M.E. shopping" to find a doctor who would give another opinion favorable to their case. He also complains about what he called the "unethical" and "unprofessional" behavior by the Middlesex District Attorney's Office. "The document reads as if a line was crossed and there was a certain amount of undue influence," Catalano told 5 Investigates' Kathy Curran. 5 Investigates obtained the letter and other documents through a public records request... Pathologist Judy Melinek of the National Association of Medical Examiners said ME's must be able to operate without interference from law enforcement. She was the lead author on a study revealing widespread concerns among medical examiners that law enforcement and others were trying to infringe on that independence. "A medical examiner or any scientist for that matter should feel comfortable testifying to the truth of their scientific convictions without being bullied or threatened or being afraid to lose their job as a result," Melinek told 5 Investigates, adding she couldn't tell from the documents in the Wilson case what exactly happened. "It's not about winning or losing a case, it's about justice," she said. In another alleged shaken baby case in Middlesex County, Irish nanny Aisling McCarthy's murder charge was also dropped after the medical examiner changed the child's manner of death from homicide to undetermined. McCarthy was initially charged with the death of the 1-year-old in her care, Rehma Sabir. Emails obtained by 5 Investigates show that DA Ryan had personally reached out to the Medical Examiner's Office with questions about McCarthy's case, prosecutors ask when the medical examiner will have a ruling, reminding them of an upcoming court date. They also reveal the prosecution's investigative team was even present during the autopsy. "How do you summarize all of these communications from you personally to the ME's office, from your prosecutor to the ME's office?" Curran asked the DA. "I'm puzzled because if you look at those conversations back and forth they contain technical questions that are being asked, they're professional," Ryan replied. "They're the medical professionals, they should know what to look at. That's their job," Curran said. "That's the process that should be going on," Ryan replied. "We as prosecutors have to get a just result." The DA is calling for peer or independent reviews, especially when it comes to shaken baby cases. Wilson's lawyers are looking into whether his civil rights were violated."
http://www.wcvb.com/news/5-investigates-da-accused-of-unethical-interference-in-shaken-baby-case/35828016