Judge S. Jane Haggerty on Monday informed both sides in the murder trial of Aisling Brady McCarthy that it was time she ‘fashioned a little order in this case.’
The Irish nanny, a native of Co. Cavan, is accused of murdering a one-year-old infant in her care.
After months of ‘so many glitches’ from the District Attorney's office, Haggerty has finally ordered prosecutors to issue a Certificate of Compliance by Friday, February 28.
This certificate declares to the court that all evidence in the possession of the District Attorney’s office has been made available to the defense counsel so that they can prepare for their client’s trial.
Evidence still outstanding after thirteen months is the much-sought-after 72 slides of medical specimen and computer files.
Both discoveries have been requested numerous times by McCarthy’s lawyers, but they have yet to gain access to them.
Defense Lawyer David Meier told the court that despite this sudden change in the availability of the evidence, they were ill prepared to go to trial on April 7.
Meier told the judge ‘we regret to move for continuance given the state of discovery.’
Haggerty advised McCarthy’s lawyers to file a motion for continuance and said she would rule on this request at the next hearing.
Meier told the court that they did not know when they would get reports from their medical experts once they had received the evidence saying ‘it is inconceivable to put a timeline on it.’
Haggerty advised she wanted the motion to be accompanied by affidavits from these medical experts confirming such a view.
Judge Haggerty advised that she was ‘inclined not to change the bail’ due to this movement in the case.
The next pre-trial hearing is set for February 28 at 2pm.