"A
woman whose 2001 shaken-baby murder conviction was overturned in a
landmark court decision must stand trial again, a judge ordered on
Tuesday. State Supreme Court Justice Judith Sinclair denied a
motion to dismiss the second-degree homicide indictment of Greece
caregiver René Bailey and set a trial date of Sept. 5. Bailey
was accused 16 years ago of violently shaking a toddler she was watching
in her home day care, causing fatal brain injuries. Medical
experts testified for the prosecution that Brittney Sheets' injuries
could only have been caused by shaking or similar physical abuse. Jurors
disregarded Bailey's assertion that Sheets had fallen from a chair and
struck her head. But
in 2010 a volunteer lawyer, Adele Bernhard, agreed to look into
Bailey's case. Bernhard later mounted a legal argument that the
scientific underpinning of shaken-baby syndrome had changed.
Bernhard said research had found that illness and accident, including falls, could cause injuries that previously had been ascribed to shaking. The research constituted new evidence in Bailey's case, she said. After a lengthy hearing in late 2014, state Supreme Court Justice James Piampiano reversed Bailey's conviction, saying there had been a "compelling and consequential shift" in the science surrounding shaken-baby syndrome. If today's scientific evidence had been available in 2001, he opined it was likely Bailey would not have been convicted. It was the first time a court had reversed a New York shaken-baby conviction on the basis of new science. In November 2016, a four-judge panel of the Appellate Division of state Supreme Court affirmed Piampiano's decision. That also was a first in New York. Bailey, now 57, would have been eligible for parole in January of this year had her conviction not been overturned. In February, Monroe County District Attorney Sandra Doorley said she had decided to re-try Bailey. Bailey's lawyers filed a motion to dismiss the indictment, and argued the matter before Sinclair in April. The judge denied that motion Tuesday. Monroe County Assistant District Attorney Sara VanStrydonck, a prosecutor in the case, said she expects “a lot of medical testimony” at the September trial. “I don’t think they can parade a million quote-unquote experts in,” she said.
Bernhard said research had found that illness and accident, including falls, could cause injuries that previously had been ascribed to shaking. The research constituted new evidence in Bailey's case, she said. After a lengthy hearing in late 2014, state Supreme Court Justice James Piampiano reversed Bailey's conviction, saying there had been a "compelling and consequential shift" in the science surrounding shaken-baby syndrome. If today's scientific evidence had been available in 2001, he opined it was likely Bailey would not have been convicted. It was the first time a court had reversed a New York shaken-baby conviction on the basis of new science. In November 2016, a four-judge panel of the Appellate Division of state Supreme Court affirmed Piampiano's decision. That also was a first in New York. Bailey, now 57, would have been eligible for parole in January of this year had her conviction not been overturned. In February, Monroe County District Attorney Sandra Doorley said she had decided to re-try Bailey. Bailey's lawyers filed a motion to dismiss the indictment, and argued the matter before Sinclair in April. The judge denied that motion Tuesday. Monroe County Assistant District Attorney Sara VanStrydonck, a prosecutor in the case, said she expects “a lot of medical testimony” at the September trial. “I don’t think they can parade a million quote-unquote experts in,” she said.
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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/c
