Beverly Ford
Defence attorneys for an Irish nanny facing trial for murdering an infant in her care said yesterday the Massachusetts Medical Examiner's Office has agreed to re-examine the child's medical records amid defence claims that experts for the prosecution may have formed new opinions on the cause of the child's death.
Melinda Thompson, attorney for Aisling Brady McCarthy of Co Cavan, said she turned over nine medical reports to the medical examiner's office and learned on Monday that officials there had agreed to re-examine the case.
“We’re once again left guessing the basis of these opinions,” said Ms Thompson, explaining her request for a re-examination of medical reports was prompted by discrepancies between new reports submitted by the prosecution late last week and reports submitted earlier.
Assistant District Attorney Patrick Fitzgerald contends that there are no discrepancies in any of the reports, only an expanded explanation of what medical experts will testify to when Ms McCarthy’s goes on trial. Her trial has been put back until May 6th, with a final pretrial hearing on April 22nd.
Ms McCarthy was living in the US illegally when she was arrested for the murder of 12-month-old Rehma Sabir, who was found unconscious in her family’s home where Ms McCarthy was working as a nanny. The child died two days later on January 16th, 2013.
Ms Thompson told the court the prosecution’s medical experts were asked to look at the opinions of other experts who examined the child and expanded their opinions after those reviews.
One expert, she said, initially suggested more tests were needed to determine whether a bleeding disorder caused the child’s death, but after reviewing medical records provided by other physicians he now plans to testify that a bleeding disorder was not the cause of death.
Other prosecution experts have said the child died from “abusive head trauma” and not an accidental injury.
That cause of death was based in part of retinal haemorrhaging, which is consistent with shaken baby syndrome, Mr Fitzgerald said.
Ms Thompson, however, noted that “retinal haemorrhaging is consistent with many things”.
In an attempt to get the new medical opinions thrown out as evidence, Ms Thompson’s co-counsel, David Meier, argued there was a rush to charge Ms McCarthy, who was arrested just two days after the infant’s death.
“The government made a knowing decision to charge Mrs McCarthy and to hold her without bail, then they said ‘we have some problems with our case,” said Mr Meier, describing the revised reports as a way for the prosecution to “close the holes” in their case.
“It’s not a game,” said Mr Meier. “It’s about getting at the truth.”