A judge in the case of Irish nanny Aisling Brady McCarthy told prosecutors she wants to speak with the attorney for the Massachusetts Medical Examiner's Office to find out why an autopsy review that could clear Ms McCarthy of murder has been delayed.
Friends and relatives embraced a smiling Ms McCarthy (37) outside the courtroom after hearing the news but declined to comment.
Ms McCarthy, who is originally from Co Cavan, has pleaded not guilty to attacking 12-month-old Rehma Sabir at her family's home in Cambridge near Boston on January 14th, 2013, leading to her death two days later.
"We're hopeful," Ms McCarthy's attorney, Melinda Thompson said after she was asked whether the delay indicated that there was a problem with the initial autopsy report on Rehma.
A change in that report could clear the way for a murder charge against Ms McCarthy to be dropped.
A trial in the case is set for October.
The nanny’s defense team claims the infant was seriously ill and suffered broken bones in the weeks before her death when she was not in Ms McCarthy’s care.
It was the second time in two months that a review of the autopsy performed on the child has been delayed.
A prosecutor told the court it was unclear when that report would be completed, prompting Judge Maureen Hogan to request that an attorney for the state medical examiner’s office appear before her within the next 10 days to two weeks.
There have been a number of delays throughout the case.