Judge S. Haggerty ruled against the motion for bail in the Commonwealth v Aisling Brady McCarthy case on Friday, February 21.
"I do not think that there is sufficient change particularly in the medical evidence to warrant a change in the bail" Judge Haggerty advised the court on Friday, February 21 at Middlesex Superior Court, Woburn, MA.
She further went on to advise that she accepted the prosecutors argument that all along their main focus was in relation to the head injuries sustained by one-year-old infant Rehma Sabir on January 14, 2013 not the fractures which she considered secondary in this case.
At the previous pre-trial hearing on February 14th, Judge S. Haggerty requested the Assistant District Attorney Fitzgerald to be able to confirm that all medical evidence would be available for the defense as of the February 21 hearing. Fitzgerald was not present in court but in his place Prosecutor Gentile represented the Commonwealth.
The prosecutor advised the court that the medical evidence requested was still not available due to a ‘weather issue’ and he could not confirm a date as to when they would be made available.
The medical evidence they were discussing was a set of 72 slides and photographs which according to McCarthy’s lawyer’s are “basic fundamental exculpatory evidence” and to which their client has a right to have access to.
When further questioned by the Judge, the prosecutor was unable to confirm a compliance date for all evidence.
Later in the hearing, Meier, lawyer for the defendant advised the court that they had received the preliminary list of potential witnesses from the prosecutor’s office on February 6. In total, there was ninety witnesses of which seventeen testified before the Grand Jury hearing. He advised the court that they were not given any witness statements or any discovery about the remaining seventy-three people. Meier commented “it’s very difficult to prepare for a first-degree murder case given the state of discovery.”
Meier then went on to advise Judge Haggerty that they were renewing their motion for bail.
He also indicated that on behalf of their client McCarthy they may request a continuance so they could adequately prepare for their defendant’s trial once all evidence was presented. Judge Haggerty advised that she would address this issue at the next hearing. Haggerty advised she would “seriously consider the motion to reconsider the bail.”
Pre-trial hearing scheduled for February 24 at 2pm.