Irish nanny Aisling McCarthy Brady, who is accused of first degree murder in the death of one-year-old Rehma Sabir, did not appear at a scheduled hearing at Middlesex Superior Court on Tuesday. In court Judge S Jane Hegarty heard a long series of motions filed by defense lawyer Melinda Thompson, seeking access to evidence, including computer files, reports, and records in the case.
Assistant District Attorney Patrick Fitzgerald conceded many of the requests, qualifying that his office would share records and access to evidence in their procession, as required by law.
The debate heated up when the defense demanded access to all computer, phone, and email records and data in the custody of investigators. Assistant DA Fitzgerald resisted, saying the request for "all communications" was "too broad."
Defense Attorney Thompson also cited many examples of incomplete information in the grand jury minutes and other evidence that she currently has access to.
Although the atmosphere and dialog were very business-like, Judge Hegarty displayed a degree of frustration with the prosecutor's inability to commit to a schedule for delivery of evidence. Judge Hegarty said that she wants to "keep on track for the scheduled trial date," slated for April 7, 2014 and added "Ms McCarthy will be in custody for a long time by then."
At the September 3 hearing, McCarthy Brady's defense team filed a motion claiming that false and deceptive information was presented to the grand jury and that there was insufficient evidence to support the charges.
A hearing has been scheduled for Wednesday, November 27 on the motion granting the defense access to the entire contents of the Sabir family's laptop computer. Judge Hegarty indicated that she will have a decision on the motion for dismissal at a hearing scheduled for December 17.