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S P E C I A L S The Au Pair Trial Au pair's conviction reduced to involuntary manslaughter
E-mail delayed by power failure
November 10, 1997
Web posted at: 12:25 p.m. EST (1725 GMT)CAMBRIDGE, Massachusetts (CNN) -- A judge on Monday reduced the second-degree murder conviction of British au pair Louise Woodward to involuntary manslaughter, saying she had not acted out of malice.
The 19-year-old Woodward, who received a mandatory life sentence after a jury found her guilty in the death of an 8-month-old baby in her care, now faces a sentence of no more than 20 years. Judge Hiller Zobel is expected to reveal the sentence at a hearing scheduled for 3 p.m. EST.
A L S O :
Reaction to Woodward decision
Full text of the ruling
"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 the judge's ruling that he respected Zobel's decision, but that the defense would appeal.
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See the jury's verdict read (from last October 30)
Zobel's rejection of the jury's October 30 verdict follows an appeal by defense attorneys who sought to have him overturn Woodward's second-degree murder conviction.
Woodward has been in jail since her arrest in February. Under her previous sentence, she would not have been eligible for parole for 15 years.
A Middlesex Superior Court jury convicted Ms. Woodward of killing Eappen by shaking him and slamming his head against a hard object February 4.
The baby was taken off life support and died five days later.
The autopsy report said he 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 Ms. 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?"
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.
Jurors were allowed to consider only murder charges against Ms. Woodward after she and her attorneys successfully petitioned the judge to remove manslaughter as an option.
If convicted of manslaughter, Ms. Woodward could have been sentenced to probation and avoided prison.
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.
Special Report:
Related stories:
- World watches Web for au pair decision - November 9, 1997
- Au pair ruling to be released on Web - November 5, 1997
- Au pair defense lawyers argue for lesser charge - November 4, 1997
- 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
External sites are not endorsed by CNN Interactive.
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