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| S P E C I A L | The Au Pair Trial |
Au pair defense lawyers argue for lesser charge
November 4, 1997
Web posted at: 5:34 p.m. EST (2234 GMT)Latest developments:
CAMBRIDGE, Massachusetts (CNN) -- Lawyers for 19-year-old British au pair Louise Woodward asked Judge Hiller Zobel on Tuesday to undo the jury's second-degree murder verdict. Citing autopsy photos they say they received too late during Woodward's trial, defense attorneys asked the judge to take one of three actions: let Woodward go free, reduce her murder conviction to manslaughter or order a new trial.
Excerpts from arguments:
Prosecutors, who asked the judge to take no action, maintain that last week's conviction in the death of 8-month-old Matthew Eappen was proper. They allege Woodward caused a fatal skull fracture by shaking and slamming the child in a fit of rage last February.
Zobel, who has 120 days to rule, said his decision could come as early as Wednesday. He will not announce it in open court; the decision will be distributed by the courthouse both to the media and law-related Web sites.
Zobel received written arguments in the case on Monday and listened to both sides give oral arguments Tuesday.
As the hearing got under way, defense attorney Barry Scheck said "unrefuted and overwhelming scientific evidence" proved Woodward's innocence in the infant's death.
Judge Zobel's Options:
- Overturn verdict
- Reduce charge to manslaughter
- Grant a new trial
- Do nothing
Scheck focused on autopsy photos he said were unfairly introduced near the end of the trial by the prosecution -- too late, he said, for the defense to question experts about them.
He said the pictures more clearly showed tissue growth around the perimeter of the injured area, which could indicate the baby was hurt before February 4, the day Woodward called an emergency number to say Matthew was having trouble breathing. The child died five days later.
But prosecutor Martha Coakley said there was nothing in the photos or any other evidence that would prove the defense claim that Eappen died of an old injury. "The weight of the evidence ... is against offering a new trial," she said.
Lead prosecutor Gerard Leone Jr. urged the judge to let the jury's verdict stand. "You should not substitute your judgment for the judgment of the jury, because the defendant had a fair trial," he said.
Defense lawyer acknowledges possible 'mistake'
Leone also noted that the defense -- in asking for consideration of a manslaughter conviction -- was proposing an option it had rejected during the trial. "(Woodward) should not be allowed to sample the jury's verdict and then .... move for a reduction of the very charge that she rejected."
Defense attorney Harvey Silverglate acknowledged that the strategy of keeping the jury from considering manslaughter "can be seen as a mistake." In hindsight, he said, "by any definition, the evidence in this case could fit into manslaughter."
A manslaughter verdict would mean a sentence of up to 20 years; with time served, Woodward could be released immediately. The second-degree murder conviction carries a mandatory sentence of life with possibility of parole only after 15 years.
Woodward did not attend Thursday's hearing. She remained at the state prison in Framingham, Massachusetts. In court her parents sat in the front row wearing yellow ribbons symbolizing their demand that their daughter be allowed to go home.
At the other end of the front row of spectators sat Deborah Eappen, the dead baby's mother. She wore a pin made to look like a caterpillar, Matthew's favorite toy.
Outside the courthouse, protesters held signs with messages such as "Send Louise Home Free," "Correct This Injustice" and "Louise was Lynched."
A handful of people outside the courthouse said they felt the jury reached the correct verdict in the case.
Correspondent Gary Tuchman contributed to this report.
Message board:
Related stories:
- Judge to reconsider au pair verdict - November 3, 1997
- 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
Related sites:
Note: Pages will open in a new browser window
- Law Journal Extra
- Lawyers Weekly
- The Louise Woodward Campaign For Justice - official support site set up by family, friends and sympathetic supporters of the British Au-Pair Louise Woodward
- Louise Woodward Support Page - supporters from Boston
- Court TV Casefiles: Massachusetts v. Woodward
- Shaken Baby Resource Centre - informational links, personal stories and articles about Shaken Baby Syndrome
- Home of the International Au Pair Association - non-profit organisation promoting unity between au-pairs, host families and agencies
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