During a pre-trial hearing on Friday, Feb14, at Middlesex Superior Court, Judge S. Jane Haggerty took Irish nanny Aisling Brady McCarthy's request for a $5,000 bail under advisement.

McCarthy's defense attorney Melinda Thompson argued that the circumstances in the case have changed since the Irish woman was first arrested and charged with killing the infant in her care in January 2013.

Thompson advised that the medical report recently received from the prosecutors own expert casts significant doubt on the guilt of McCarthy. The report shows thoracic injuries to the child were sustained three to four weeks before her death when the one-year-old was overseas with her family. These injuries were used to indict McCarthy during the Grand Jury arraignment in April 2013.

As part of this argument for bail she also advised the continued delay in access to crucial evidence has impeded her client’s ability to prepare for this upcoming trial, scheduled for April 7. She advised Judge S. Haggerty that whilst the Commonwealth has had over a year to prepare their investigation, the defense will now have to “scramble” to prepare for a trial which is due to commence in less than 60 days.

The prosecution, led by Patrick Fitzgerald, argued against the bail request advising the court that the circumstances have not changed in this case. He pointed out to the court that the baby’s death was caused by blunt force trauma which occurred when she was in the sole care of the defendant on January 14, 2013.

He also advised that “she is a serious flight risk” referring to McCarthy’s undocumented status in the country. He further informed the court that if released on bail, she would be subject to immediate deportation by ICE.

Haggerty set a 'status update' hearing for next Friday, February 21 at 2 p.m.

After the hearing, The Irish Emigrant asked defense counsel Melinda Thompson if there had been any communication between the defense counsel and ICE. Thompson advised that they were “trying to” and they remained “hopeful”.