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Aisling Brady McCarthy, a Co Cavan woman who has been in jail in the US for more than two years following the death of an infant in her care, may be eligible for bail next month.
A Massachusetts court heard on Tuesday that a review is now underway of all the medical reports which initially led the state medical examiner to determine that Ms McCarthy should be charged with the murder of Rehma Sabir (one) in Cambridge, Massachusetts in January 2013. Ms Brady McCarthy has pleaded not guilty.
In a half-hour pre-trial hearing held in Woburn, Massachusetts, Middlesex Superior Court Judge Maureen Hogan instructed attorneys for the government and those representing Ms McCarthy to return to court on May 5th, the day before the trial had been set to begin, to provide an update.
Asked if he thought the May 6th trial would occur, Assistant District Attorney Patrick Fitzgerald replied that it "doesn't sound like it" but that the May 5th "status report will decide".
"Somebody is trying to figure out if this is a homicide or not," said Melinda Thompson, one of Ms McCarthy's lawyers.
Ms Thompson first revealed on April 6th in court that she had turned over nine medical reports to the office of Dr Katherine M Lindstrom, a physician specialist for the Office of the Chief Medical Examiner in the state of Massachusetts.
Ms Thompson's co-counsel, David Meier, said in court on Tuesday that an attorney for Dr Lindstrom would say by the end of this week how long the review would take.
Dr Lindstrom wanted to review “her own reports, photos, and opinions…she also wants to do additional research and her own analysis,” Mr Meier said.
“She said on the 17th she received a substantial amount of information from the district attorney’s office,” he added, noting that Dr Lindstrom has an autopsy rotation coming up which would further constrict her schedule. “There is no way she could complete the review in time for the May 6th trial start.”
He said it was “in everyone’s interest” to allow Dr Lindstrom and her office “to take as much time as she needs”.
“That means that we cannot begin the trial next week,” replied the judge.
The conditions under which bail would be granted would be established by the court on May 5th, a court official said.
One of those conditions would be whether Ms McCarthy will be allowed to be free in Massachusetts.
US Immigration and Customs Enforcement currently has on file an immigration detainer for Ms McCarthy indicating their intent to assume custody of her once she is released from Middlesex County jail where she has been held since her arrest in January of 2013.