In a startling development, prosecution medical experts in the Boston Irish nanny trial have found that injuries suffered by the child occurred weeks before her death when the nanny was not in contact with her.
Aisling Brady McCarthy from Cavan is set for trial in April on charges that she “violently assaulted” Rehma Sabir on Jan 14, 2013 in an apartment in Cambridge, MA causing her death.
Defense lawyers for Aisling Brady McCarthy appeared on Thursday in Middlesex Superior Court and presented evidence that proves the bone fractures found on one-year old Rehma Sabir were inflicted weeks before her death when she was not in the nanny's care.
In a pre-trial hearing, that took place on Feb 5, McCarthy’s lawyer David Meier entered a report into evidence .This report came from the prosecutor’s own hired medical forensic experts in Florida and Boston.
It determined that the multiple thoracic compression fractures which were discovered on the infant dated three to four weeks before her death.
Meier advised the Judge that the infant was not under McCarthy’s care during this time period but rather "on the other side of the globe," traveling abroad with her mother.
He pointed out to the court that these injuries initially formed the basis of an indictment against the Irish woman by a grand Jury last year.
Meier requested on behalf of his client that Judge S. Jane Haggerty consider setting a bail hearing based on these “significant and substantial changed circumstances”.
In a related development it has been revealed that the dead child’s parents, who have not been charged with any crime, have retained the services of Elliot Weinstein, a well-known defense lawyer
McCarthy, a native of County Cavan has been in jail since last January when was charged with the murder of Rehma Sabir, the one-year-old baby that was in her care.
She was also indicted with assault and battery causing bodily harm but this charge was later dismissed by the Judge due to lack of evidence.
At this pre-trial hearing on Thursday, Melinda Thompson, the leading lawyer for the defendant, advised the judge “we quite literally are at a standstill”.
She appealed once again to Judge Haggerty to order prosecutors to give them access to all the evidence still outstanding so they can prepare for their client’s upcoming trial which is scheduled for April 7.
The judge advised that she wanted to give the state time to oppose these motions and scheduled a hearing for Jan 14, when she advised she will also hear the defense’s request to release McCarthy on bail whilst she awaits trial.
After the hearing came to a close, defense lawyer Melinda Thompson spoke with IrishCentral about various aspects of the case.
A year after their client was arrested, McCarthy's lawyers are still appealing to the Judge to order Assisting District Attorney Patrick Fitzgerald to release all the evidence that the Commonwealth possesses so that they can prepare a defense for their client.
Asked why she thought the prosecutors were so reluctant to hand over the evidence she simply stated “I have never seen anything like this. I wish I knew.”
On the report produced in court on Thursday which proves that McCarthy was not responsible for the bone fractures on the infant, she said this new evidence was “huge".
One outstanding issue still at play is McCarthy’s current status in the US. The Irish woman arrived in America in 2002 under a program that authorized her to only stay for 90 days.
If bail is granted for the nanny, she could find herself in the custody of ICE whilst she waits for her trial. Thompson when questioned on this possibility said “that’s what we are trying to figure out.”
She confirmed that when bail was originally set, a notification was sent from the Woburn Superior Court offices to inform immigration officials and a detainer was lodged against her client.
Thompson remains optimistic that McCarthy will be found not guilty in the upcoming trial scheduled to begin on April 7.
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