“Shaken Baby” Prosecutors Criticized for Withholding Evidence

The Massachusetts prosecutors of Irish nanny Aisling Brady McCarthy are coming under attack in the press for withholding evidence that the baby McCarthy was jailed for killing did not die by criminal means.

I reported September 10th that the charges against McCarthy had been dismissed without trial—the second recent aborted murder prosecution in an infant death case by the same prosecutor’s office. Now Boston Globe columnist Yvonne Abraham has asked law professors about the failure of the McCarthy prosecutors to tell defense attorneys—for more than a year—of medical opinion undercutting their case. The professors, like the judge in the case, did not approve.

Nor did Washington Post columnist Radley Balko. Balko writes often about legal issues in child abuse cases.

The district attorney—the prosecutors’ boss—has apologized for the delay in disclosure.

McCarthy was held in jail for two years as the case ground forward. Her attorneys say she might have been released sooner had prosecutors complied with the law by disclosing the opinion to them.

Our firm defends persons accused in “shaken baby” cases and other child abuse cases in Washington State and throughout the Northwest. The behavior of the prosecutors in this case is a reminder to us to keep alert for prosecutors who seem to care more about winning than about doing justice.