BACKGROUND: From a previous post of this Blog: (December 23, 2025): "Last year, Maze’s defense team returned to court, alongside the Davidson County District Attorney and medical experts, arguing that new scientific evidence points to his innocence. “Every single medical expert using current science confirms Russell and Kaye Maze are actually innocent of the crimes for which they were convicted,” Davidson County District Attorney Glenn Funk told the judge in 2024. Even the medical examiner who initially testified that Alex had died from shaken baby syndrome has since changed his opinion, now saying the death was natural. But the court ruled that the change was a “witness recantation,” not new evidence, and denied Maze a new trial last month."
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QUOTE OF THE DAY: ""Mr. Maze's conviction is inextricably tied to the validity of the [shaken baby syndrome] diagnosis, which Drs. Starling and Levy presented to the jury in 2004 as the only possible explanation for Alex's death," the petition says. "If this Court finds that [shaken baby syndrome] is a scientifically unreliable diagnosis that cannot be relied upon in Tennessee criminal proceedings, the remedy with respect to Mr. Maze is to follow the example set by the Texas Court of Criminal Appeals in Roark: vacate the conviction and remand for a new trial."
PASSAGE ONE OF THE DAY: "Convictions of shaken baby syndrome are increasingly being reviewed as the science continues to evolve. In November, New Jersey became the first state to ban prosecutors from using expert testimony that shaking a baby on its own causes injuries enough to charge someone with child abuse or murder. The Tennessee Innocence Project took on Maze's case in 2022 and found that contemporary scientific understanding of shaken baby syndrome contradicts the testimony in 2004. All seven doctors who testified during Maze's postconviction hearing before Dozier agreed — there was no evidence of trauma expected with shaken baby syndrome. For the most part they also agreed Alex likely suffered from a stroke, or attributed his rapid decline to an underlying disease.
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PASSAGE TWO OF THE DAY: "In the late 90s and early 2000s, doctors would often stop their search for a cause of abuse when bleeding around the brain and eyes and altered brain function, known as the triad of symptoms, was present in a patient. All three pointed to shaken baby syndrome, doctors believed then. Now, doctors operate by ruling out all other possible causes before diagnosing with shaken baby syndrome. "As such, physicians who suspect abusive head trauma can no longer stop their analysis with the identification of the [shaken baby syndrome] triad," the petition says. "Instead they must consider all other etiologies that many plausibly explain the constellation of symptoms and eliminate them as causes." Medical research shows birth-related injuries, problems with blood clotting and metabolic disorders could all explain what once seemed like obvious abuse-related injuries, the petition says."
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PASSAGE THREE OF THE DAY: "Courts are increasingly skeptical of the outdated science. The National Registry of Exonerations report 40 known exonerations related to shaken baby syndrome since 1989. In addition to New Jersey's recent ruling, the Texas Court of Criminal Appeals overturned Andrew Roark's conviction in 2024 ruling that the current scientific testimony would likely end in an acquittal for him."
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STORY: "Tennessee case challenges shaken baby syndrome science in court," by Reporter Kirsten Fiscus, published by The Nashville Tennessean, on December 24, 2025; (Breaking news reporter. Kirsten Fiscus covers breaking news for the Tennessean. She previously covered breaking news for the Montgomery Advertiser and the Anniston Star.)
PREFACE: "Alex Maze, who was born prematurely to a mother with health issues, died at about a year and a half old in October 2000, Both Alex's parents, Russell and Kaye Maze, were charged in connection with the death of their son. Courts are increasingly scrutinizing cases where convictions hinged on evidence of shaken baby syndrome."
GIST: "Could a Nashville man's crusade against a questionable diagnosis of shaken baby syndrome ― one that landed him behind bars for decades ― be the linchpin that prohibits the increasingly scrutinized science from Tennessee courtrooms forever?
The Tennessee Innocence Project hopes so.
Russell Maze's attorney Jason Gichner filed an application for permission to appeal his case to the Tennessee Supreme Court Dec. 22.
Maze was sentenced to life in prison after a jury convicted him of first-degree murder in the death of his infant son, Alex.
Maze has been through two appeals hearings already. In April 2024, Nashville Judge Steve Dozier, who presided over the 2004 trial, denied his post-conviction relief petition.
Since that hearing, the Davidson County Medical Examiner at the time, Dr. Bruce Levy, who initially ruled Alex's cause of death was related to shaken baby syndrome filed an affidavit correcting his opinion given new science.
In October, the Court of Criminal Appeals upheld Dozier's ruling.
Gichner's filing to the Tennessee Supreme Court highlights two arguments — that the appeals court erred in not remanding the case back to Dozier given Levy's affidavit and that the state's reliance on outdated scientific evidence of shaken baby syndrome violates due process.
The Tennessee Supreme Court will have to grant a review of the case before it can move foward.
What happened to Alex Maze?
Alex Maze was born prematurely on March 25, 1999 and weighed only three pounds, 12 ounces at birth. He spent 13 days in the NICU.
In May 1999, the five-week-old child, who had a fever and could not keep food down, stopped breathing while Maze was home alone with him. Maze began CPR and called 911.
Paramedics revived the boy, took him to Vanderbilt University Medical Center and he was diagnosed as a victim of abusive head trauma by Dr. Suzanne Starling.
Maze denied shaking his son, but later said it was possible he may have jostled the baby when trying to revive him. Alex had bleeding around the eyes and brain.
In October 2000, Alex was taken to the hospital again and died six days later from what doctors diagnosed as shaken baby syndrome. Davidson County Medical Examiner Dr. Bruce Levy at the time concluded Alex's cause of death as a severe brain injury "due to a seizure disorder, due to shaken-baby syndrome," the petition said.
Maze was ultimately convicted of felony murder and aggravated child abuse in 2004.
What happened in Russell Maze's appeal hearing?
During the March 2024 hearing in Dozier's courtroom, seven doctors testified unanimously that the theory of shaken baby syndrome "is no longer scientifically reliable under current medical standards," according to the application filed with the state Supreme Court.
Typically, in cases of shaken baby syndrome, patients have damage to their neck and ribs. Alex did not. Instead, the doctors testified, he had evidence of a stroke.
Prosecutors with the Davidson County District Attorney's Office also took the position that Maze is innocent and that the "new scientific evidence proves his innocence," the petition said.
"After the post-conviction court denied the motion, Dr. Bruce Levy, the former Chief Medical Examiner who performed the autopsy in this case, executed an affidavit stating that based on 'changes in medical opinions regarding Shaken Baby Syndrome,' among other factors, he would now classify the decedent's mannor of death as 'natural,'" the petition said.
Re-examining shaken baby cases
Convictions of shaken baby syndrome are increasingly being reviewed as the science continues to evolve.
In November, New Jersey became the first state to ban prosecutors from using expert testimony that shaking a baby on its own causes injuries enough to charge someone with child abuse or murder.
The Tennessee Innocence Project took on Maze's case in 2022 and found that contemporary scientific understanding of shaken baby syndrome contradicts the testimony in 2004.
All seven doctors who testified during Maze's postconviction hearing before Dozier agreed — there was no evidence of trauma expected with shaken baby syndrome. For the most part they also agreed Alex likely suffered from a stroke, or attributed his rapid decline to an underlying disease.
In the late 90s and early 2000s, doctors would often stop their search for a cause of abuse when bleeding around the brain and eyes and altered brain function, known as the triad of symptoms, was present in a patient. All three pointed to shaken baby syndrome, doctors believed then.
Now, doctors operate by ruling out all other possible causes before diagnosing with shaken baby syndrome.
"As such, physicians who suspect abusive head trauma can no longer stop their analysis with the identification of the [shaken baby syndrome] triad," the petition says. "Instead they must consider all other etiologies that many plausibly explain the constellation of symptoms and eliminate them as causes."
Medical research shows birth-related injuries, problems with blood clotting and metabolic disorders could all explain what once seemed like obvious abuse-related injuries, the petition says.
Courts are increasingly skeptical of the outdated science. The National Registry of Exonerations report 40 known exonerations related to shaken baby syndrome since 1989. In addition to New Jersey's recent ruling, the Texas Court of Criminal Appeals overturned Andrew Roark's conviction in 2024 ruling that the current scientific testimony would likely end in an acquittal for him.
"Mr. Maze's conviction is inextricably tied to the validity of the [shaken baby syndrome] diagnosis, which Drs. Starling and Levy presented to the jury in 2004 as the only possible explanation for Alex's death," the petition says. "If this Court finds that [shaken baby syndrome] is a scientifically unreliable diagnosis that cannot be relied upon in Tennessee criminal proceedings, the remedy with respect to Mr. Maze is to follow the example set by the Texas Court of Criminal Appeals in Roark: vacate the conviction and remand for a new trial."
The entire story can be read at:
https://www.tennessean.com/story/news/crime/2025/12/24/tennessee-shaken-baby-syndrome-lawsuit/87887762007/
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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