Aisling McCarthy Brady, the Boston-based County Cavan nanny accused of assaulting one-year-old Rehma Sabir, will be held in custody until a probable cause hearing, on April 22. Her defense lawyer claims the DA is using her illegal status to keep her in jail.
The lawyer Melinda Thompson strongly objected to the 30-day and request that she be held for no more than 15 days.
She said “My client has been in jail for 65 days...The charges have not been upgraded now for 65 days. There is an innocent person sitting in jail.”
Thompson also argued that the continuance should depend on the reduction of McCarthy Brady’s bail. Currently she is being held on $500,000 bail.
The defense attorney made an impassioned plea for "an innocent woman being held on weak probable cause evidence for 65 days" and objected to the DA's motion for continuance claim that the delay would present "no harm to the defendant."
She pointed out that, McCarthy Brady cooperated with investigators and was free for one week, after the child’s death and before she was arrested.
Originally McCarthy Brady’s bail was set at $5,000. She argued that the within hours the DA blindsided her client by submitting files to the U.S. Immigration and Customs Enforcement (ICE) and increased her bail to $500,000 on a holiday, without opportunity for objection.
At the Cambridge District Court hearing on Friday the Assistant District Attorney Patrick Fitzgerald was granted a 30-day by Judge Roanne Sragow due to a delay on the baby’s autopsy results.
Fitzgerald told the court that due to “substantial and complex medical issues” the medical examiner was unable to determine the cause of the baby’s death. However prosecutors made it clear they “fully and firmly” expect to upgrade her charges to murder.
The 34-year-old nanny hid her face in court.
McCarthy Brady is accused of the assault of baby Sabir. On January 14 the Irish native called an ambulance. The baby presented with serious head trauma at the Boston Children’s Hospital.
The doctors also found evidence of older fractures and head injuries. The baby died in hospital on January 16. McCarthy Brady was arrested after blood was found in the child’s room.
McCarthy Brady has lived in Quincy, Boston, since 2002. Originally from outside Lavey, in County Cavan, the nanny had been living and working undocumented in the United States having overstayed her 90-day vacation visa waiver.
Despite Thompson’s objections Judge Sragow refused to lower bail and pointed that any review of bail needed to be heard by the Judge who originally set the bail or appealed to Superior Court.
Speaking to reporters outside of the court, defense attorney Thompson said that "prosecutors used ICE to ensure that Aisling remained locked up on a high bail."
When asked whether ICE were now likely to allow McCarthy Brady's release Thompson admitted that she did not know, but added that she wanted a fair hearing for a reasonable bail amount.
She told reporters that she has very little insight into the DA's case or plans for prosecution, other than what has been offered in court, and that she has not seen any discovery in the case.
She repeated her confidence in Aisling innocence and the many weakness in the case against her.
Here’s the NECN report on the court hearing: