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| S P E C I A L | The Au Pair Trial |
Prosecutors in Massachusetts appeal au pair decision
Woodward Top court will be reminded that it has upheld murder verdicts in other baby-killing cases
March 6, 1998
Web posted at: 12:28 a.m. EST (0528 GMT)In This Story:
- Court decision expected in next 130 days
- Original verdict sparked protests in England, U.S.
- Related stories and sites
BOSTON (CNN) -- Prosecutors in the case against British au pair Louise Woodward on Friday are expected to ask Massachusetts' highest court to reinstate a jury's original verdict of second-degree murder in the death of 8-month-old Matthew Eappen.
The main issue in the appeal will be whether the trial judge over-reached his authority in setting aside the jury verdict. The defense plans to argue that there was insufficient evidence presented in the trial for even a manslaughter conviction.
Court decision expected in next 130 days
CNN's Brian Jenkins reports
Also, the prosecutors intend to remind the Massachusetts Supreme Judicial Court that it has upheld murder verdicts and life-in-prison sentences in other baby-killing cases.
"Due to the many baby murder convictions which were premised on medical facts strikingly similar to this case, there is no basis for concluding" that the jury's verdict of second-degree murder was unreasonable, prosecutors wrote.
In their appeal filing, prosecutors reminded the seven justices that in the past the high court has refused to reduce the first-degree murder conviction of someone found guilty of bludgeoning a 6-month-old baby.
Nor did the court reduce the second-degree murder conviction of a defendant who killed a 5-month-old baby "who died as a result of blunt force injury to the head," prosecutors said.
The justices have the power to order a new trial, reinstate the jury's verdict or uphold the trial judge's ruling. The justices are expected to hand down a written decision some time in the next 130 days.
Original verdict sparked protests in England, U.S.
Soon after Woodward's arrest 13 months ago, prosecutors decided to charge Woodward with first-degree murder, and the au pair from Elton, England, was held without bail until her trial began in October.
Protesters outside the courthouse in Cambridge, Massachusetts Prosecution experts claimed the baby, left in Woodward's care, could have died only from violent shaking and the slamming of the head. Woodward denied doing anything to hurt the child.
On the advice of her lawyers, Woodward decided not to let the jury consider a lesser charge of manslaughter. Jurors found Woodward guilty of second-degree murder.
The verdict set off protests in England and in Massachusetts. Eleven days later, Trial Judge Hiller Zobel reduced the charge to involuntary manslaughter and set Woodward free. He ordered her to stay in Boston while prosecutors appealed. The defense has also appealed to have the conviction thrown out altogether.
Correspondent Brian Jenkins and Reuters contributed to this report.
Related stories:
- Parents from au pair trial expecting baby - February 7, 1998
- Justice sends au pair appeal to top court - December 3, 1997
- Prosecution files appeal in au pair case - November 25, 1997
- Mother in au pair case: 'Judge took away justice' - November 16, 1997
Related sites:
Note: Page will open in a new browser window
- Court TV Online: Massachusetts v. Woodward
- The Louise Woodward Campaign For Justice - official support site set up by family, friends and sympathetic supporters of the British Au-Pair Louise Woodward
External sites are not endorsed by CNN Interactive.
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