Arguments Monday in British au pair case

Woodward's arrest 13 months ago

Boston court to decide if Woodward's conviction stands

March 8, 1998
Web posted at: 10:01 p.m. EST (0301 GMT)

BOSTON (CNN) -- The highest court in Massachusetts will hear arguments Monday in appeals from the defense and prosecution in the case of British au pair Louise Woodward.

Prosecutors will argue that a judge's decision to reduce Woodward's second-degree murder conviction to involuntary manslaughter should be set aside. Defense attorneys will ask that the manslaughter conviction be thrown out altogether.

The hearing was originally scheduled for Friday but had to be postponed after an electrical transformer blew up in the basement of the courthouse, forcing an evacuation.

Monday's hearing is scheduled to begin at 9 a.m. (1400 GMT).

Woodward was arrested 13 months ago and charged with the murder of Matthew Eappen, an 8-month-old boy whom prosecution experts said died after being violently shaken and having his head slammed. At the time, Woodward was living in the home of Matthew's parents, working as an au pair.

Supporters in Elton, England cheer as Judge Hiller Zobel reduces the conviction

Woodward has steadfastly denied that she harmed the child. Defense experts at her trial in October said medical evidence showed the injuries to Eappen did not occur at the time Woodward was alleged to have abused him.

On the advice of her lawyers, Woodward decided not to let the jury consider a lesser charge of involuntary manslaughter, hoping that jurors, if given the choice between murder and acquittal, would choose acquittal.

But jurors instead convicted the young au pair of second-degree murder, which carries a sentence of 15 years to life. The verdict set off a storm of protest, particularly in Woodward's hometown of Elton, England, where residents had staunchly supported her and raised money for her defense.

Sunil and Deborah Eappen, the parents of Matthew

Eleven days after the conviction, amid heavy protest and media attention, Judge Hiller Zobel reduced the conviction from second-degree murder to involuntary manslaughter and sentenced Woodward to time already served -- 279 days. But he ordered her to surrender her passport and remain in the United States pending completion of the appeals.

If the appeals court were to order a new trial, Woodward's lawyers say she may not have the financial resources to pay for her defense.

The au pair agency for which she worked paid the legal bills in her first trial but has since cut off support. Though supporters in Elton raised nearly $500,000, a third of that has already been spent.

Correspondent Brian Jenkins contributed to this report.

Related stories:

• Au pair Woodward appeals delayed until Monday - March 6, 1998
• Prosecutors in Massachusetts appeal au pair decision - March 6, 1998

Related site:

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• Court TV Casefiles: Massachusetts v. Woodward

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