Judge denies motion to dismiss Irish nanny murder case

Co Cavan woman Aisling Brady McCarthy will go on trial on May 6th for murder of infant

File photograph of court officers accompany Aisling Brady McCarthy, an Irish nanny charged with murder in the death of a one-year-old Massachusetts girl. Photograph: AP Photo/Elise Amendola

File photograph of court officers accompany Aisling Brady McCarthy, an Irish nanny charged with murder in the death of a one-year-old Massachusetts girl. Photograph: AP Photo/Elise Amendola

 

A Middlesex County superior court judge has denied a motion to dismiss murder charges against Aisling Brady McCarthy, a Co Cavan woman accused of the murder of Rehma Sabir, a 12-month-old infant from Cambridge, Massachusetts.

In a separate ruling that was not immediately made public, Judge Maureen Hogan also, in part, denied a motion by defense attorneys for Ms McCarthy (36) to exclude certain expert medical testimony.

Many of those experts are now expected to testify at trial that Ms McCarthy, a nanny, caused death of Rehma Sabir by shaking her in a way that was not accidental in January 2013.

“We’re still kind of reading,” said defence attorney Melinda Lee Thompson after meeting with Ms McCarthy following the ruling.

“She’s doing the best she can.”

A trial date has been set for May 6th.

In addition, Judge Hogan scolded attorneys from both sides for not completing a joint pre-trial memorandum which is required by law. “What the rules require is communication,” said the judge.

“As we move to trial there must be communication.”

The judge said she expects professionalism from attorneys on both sides.

The judge excluded the testimony of one expert who had studied injuries to the child’s backbone.

“It was clear his opinions were influenced by the previous record,” said the judge.

Regarding testimony from another expert who said compression fractures of the baby’s vertebra had been consistent with abuse, the judge said: “she will be allowed to testify.”

As to the timing of the fractures, the judge ruled: “she has never opined in her report as to the timing.”

Another expert will testify that injuries sustained by the infant were “not an accidental injury,” the judge said.

Information in a report prepared by another doctor who said “she could visualize the bilateral haemorrhages” would be allowed, the judge said.

But testimony will not be allowed from a doctor who found “that the haemorrhaging was non-accidental trauma” and consistent with repetitive force from shaking.

The judge said “my reading of the grand justify (testimony was) that it was consistent heavy acceleration and decacceleration injuries and when she was asked if it was one way or (a) second (way) she didn’t conclude one way.”

Ms McCarthy was in court. She exited the courtroom at the end of the 1½ hour hearing with her lips pursed and her face was contorted.

Speaking outside the courtroom her attorney acknowledged that her reddened eyes were due to stress from the case. “This case is making me lose sleep…literally,” said Ms Thompson with a laugh.

Ms McCarthy has been in a Massachusetts prison cell since January, 2013.