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| S P E C I A L | The Au Pair Trial |
Judge to reconsider au pair verdict
Protests demand it be overturned
In this story:
November 3, 1997
Web posted at: 11:12 p.m. EST (0412 GMT)CAMBRIDGE, Massachusetts (CNN) -- A judge will hear motions Tuesday for and against overturning the murder conviction of British au pair Louise Woodward. Her defense attorneys filed papers Monday asking Judge Hiller B. Zobel to overturn last week's jury verdict or reduce the conviction to a manslaughter charge.
Prosecutors in the case opposed any change, saying that the second-degree murder verdict in the death of 8-month-old Matthew Eappen was proper. They also noted that the defense "demanded that the jury be given only two choices, murder or acquittal.
CNN's Jim Hill reports
"The defense should not be permitted to proceed with an 'all-or-nothing strategy,' sample the jury's verdict and then elect to move for a reduction to the very charge they opposed."
The prosecution said the conviction reached last week by a jury "was supported by the weight of the evidence."
Manslaughter verdict could free Woodward
Outside the courthouse Monday, demonstrators carried signs supporting Woodward and chanted "Free Louise!" One of the signs said, "O.J. Innocent, Louise Guilty? What's wrong with this picture?"
Public pressure has mounted for Zobel to give Woodward relief from her mandatory life sentence without parole eligibility for 15 years. A manslaughter verdict would mean a sentence of up to 20 years and with time already served in prison, Woodward could be released immediately.
Phone lines to Zobel's courtroom were re-routed to the courthouse's main switchboard after they became overloaded by more than 8,000 calls. And over the weekend, The Boston Globe urged the judge in an editorial to reduce the charge to manslaughter, a ruling that would give him wide discretion in setting Woodward's sentence.
Among Zobel's other options are granting a new trial or setting Woodward free.
In the new legal motions, the defense said evidence presented in court during Woodward's trial failed to establish that the boy's skull was cracked on February 4, the day prosecutors say she shook and slammed him in a fit of rage driven by her frustration with the job.
Woodward's lawyers also said the judge should have asked prospective jurors about possible bias against Barry Scheck, a member of the defense team who was part of O.J. Simpson's defense team. At least one juror has said, however, that Scheck was not an issue in last Thursday's guilty verdict.
See the protest to free Woodward 383K/8 sec./240x180
315K/8 sec./160x120
QuickTime movieDefense attorneys also claim that they had too little opportunity to question experts about autopsy photos that were introduced near the end of the trial.
Judge overturned a conviction in 1984
Finally, they claim the judge erred on several points of law by denying their requests for additional instructions to the jury. They quote extensively from several cases, including an opinion by Zobel himself in which he ordered a new trial for a man convicted of second-degree murder in 1984.
"If the judge's conscience is not left with the clear and settled conviction that justice has been done, he must set the verdict aside," Zobel wrote in that opinion.
In a similar case in Orange County, California, a judge overturned the 1987 conviction of Sheryl Massip, who was found guilty of murdering her 6-week-old son. The judge ruled that Massip was suffering from post-partum psychosis, and saved her from life in prison.
"I've been a trial attorney for 23 years," says Milton Grimes, Massip's attorney. "I'm confident in the jury system. But there are times that the issues, for one reason or another, escape the jury."
Whichever way Zobel rules, the losing side has the right to appeal to the Massachusetts Appellate Court.
Correspondent Jim Hill and The Associated Press contributed to this report.
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Related stories:
- Au pair supporters protest; attorneys prepare for hearing - November 3, 1997
- Juror: Panel believed nanny didn't intend to kill - November 2, 1997
- Au pair juror: Verdict speculation 'just crazy' - November 1, 1997
- Murder verdict sparks outrage - October 31, 1997
Related sites:
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- The Louise Woodward Campaign For Justice
- Court TV Casefiles: Massachusetts v. Woodward
- Shaken Baby Syndrome - A Problem of Growing Concern
- Home of the International Au Pair Association
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