Judge frees au pair
Conviction reduced to manslaughter; sentence cut to time
served
November 10, 1997
Web posted at: 4:29 p.m. EST (2129 GMT)
CAMBRIDGE, Massachusetts (CNN) -- Louise Woodward, the
British au pair convicted of killing an 8-month old child,
had her conviction reduced to manslaughter Monday and was
sentenced to the 279 days she has spent in jail.
Bringing the case to what he called "a compassionate
conclusion," Middlesex County Superior Court Judge Hiller
Zobel disregarded the recommendation of Prosecutor Gerard
Leone, who noted that "there are no mitigating circumstances,
the defendant denies responsibility for killing Matthew
Eappen and she has been found guilty twice."
Leone recommended that Woodward serve "no more than 20 years
and no less than 15 years."
Andrew Good, Woodward's attorney, said that "the defendant
does maintain her innocence, although we realize that is not
a factor that should enter consideration at this time." He
recommended that Woodward's sentence be the 10 months she has
already served.
Asked if she had anything to say, Woodward responded in a
barely audible voice, "I maintain what I said at my last
sentencing: I am innocent." 86 K / 8 sec. AIFF or WAV sound
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Immediately after the ruling, Leone asked the judge to delay
freeing Woodward completely while the prosecution appeals his
reduction of the sentence from second-degree murder to
manslaughter. The defense agreed to allow Woodward's passport
to remain in the possession of the court until this latest
appeal has been heard.
Zobel warned Woodward that she could not leave the state
until the matter is finally resolved.
Earlier in the day, Zobel reduced Woodward's second-degree
murder conviction to involuntary manslaughter, saying she had
not acted out of malice.
"Having considered the matter carefully, I'm firmly convinced
that the interests of justice ... mandate my reducing the
verdict to manslaughter," Zobel said in his ruling.
The judge said Woodward's conduct did not amount to
"malice," which is required for a second-degree murder
conviction.
"I believe that the circumstances in which the defendant
acted were characterized by confusion, inexperience,
frustration, immaturity, and some anger but not malice in the
legal sense supporting a conviction for second-degree
murder," Zobel wrote.
"Frustrated by her inability to quiet the crying child,
Matthew Eappen, she was 'a little rough with him' under
circumstances where another, perhaps wiser person would have
sought to restrain the physical impulse.
"The roughness was sufficient to start or restart a bleeding
that escalated fatally."
"This sad scenario is, in my judgment after having heard all
the evidence and considered the interests of justice, most
fairly characterized as manslaughter, not mandatory life
sentence murder. I view the evidence as disclosing
confusion, fright, and bad judgment, rather than rage or
malice."
Woodward's attorney, Barry Scheck, said in a brief news
conference after Zobel reduced the conviction to manslaughter
that he respected Zobel's decision, but that the defense
would appeal. The defense had asked Zobel to overturn the
jury's conviction altogether.
A Middlesex Superior Court jury convicted Woodward of
killing Eappen by shaking him and slamming his head
against a hard object February 4. The baby died five days
later.
The autopsy report said he died as the result of bleeding
from a blood clot, the result of shaken baby syndrome.
The verdict carried an automatic sentence of life in prison
with no chance at parole for 15 years.
The verdict prompted sob-filled bewilderment from Woodward,
portrayed by prosecutors as frustrated and angry with Matthew
for fussing. She cried to jurors: "I didn't do anything. ...
Why did they do that to me?"
Jurors were allowed to consider only murder charges against
Woodward after she and her attorneys successfully petitioned
the judge to remove manslaughter as an option, even though
she could have been sentenced to probation and avoided a
prison sentence.
The case, with no eyewitnesses and conflicting medical
testimony, was closely followed across the country and in
England, where many were stunned by the verdict and swift
sentence.
There was criticism in the United States, too, even before
the verdict.
Some said Matthew's parents, Deborah and Sunil Eappen, both
doctors, should not have left the baby and brother Brendan,
now 3, with a low-paid teen-ager who had come to the United
States for adventure.
A family friend said last week that the Eappens had left the
state to avoid reporters.
Because of the massive publicity, Zobel decided to e-mail his
ruling to news organizations, including CNN, for posting on
the World Wide Web. Printed copies were also available.
However, because of a power failure affecting the Internet
service provider (ISP) that serves the courthouse, the e-mail
posting of the decision was delayed.
Instead, first word came from court sources who revealed the
decision to reporters at the courthouse.
Correspondents Gary Tuchman and Siobhan Darrow contributed to
this report.