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British au pair to remain free
Court lets British au pair's manslaughter conviction standJune 16, 1998Web posted at: 10:11 a.m. EDT (1411 GMT) BOSTON (CNN) -- The Massachusetts Supreme Judicial Court on Tuesday let stand the involuntary manslaughter conviction for British au pair Louise Woodward, rejecting appeals by prosecutors and defense attorneys. Woodward was convicted of killing an 8-month-old boy. The justices' ruling came after an appeals hearing March 9 in which defense attorneys asked that Woodward's record be wiped clean, freeing her to return home to England. She had been ordered to remain in the state pending the results of the appeal. Woodward was charged with the murder of Matthew Eappen, whom prosecution experts said died after being violently shaken and having his head slammed on February 4, 1997. The infant died five days later. At the time, Woodward was living in the home of Matthew's parents, working as an au pair. She steadfastly denied that she harmed the child. Woodward was released from prison in October, after a judge reduced her second-degree murder conviction to involuntary manslaughter and sentenced her to the 279 days she already had served. Prosecutors wanted her to be either sent back to prison in Framingham, Massachusetts, to serve more time on the manslaughter charge, or have the second-degree murder charge reinstated. Lawyer contends baby had old fracture
A lawyer for Woodward had asked Massachusetts' highest court to review medical evidence on the baby's skull fracture, which he said showed she could not have killed the infant. Attorney Andrew Good argued at the hearing that the defense could have come up with conclusive "evidence that this was an old fracture that did not occur on February 4." However, Assistant District Attorney Sabita Singh disputed the defense's presentation. "They never claimed that the skull fracture was that critical. And there was plenty of other evidence in this case from which they were able to present their defense -- and they did," Singh said. On the advice of her lawyers, Woodward had decided not to let the jury at her October trial consider a lesser charge of involuntary manslaughter, hoping that jurors, if given the choice between murder and acquittal, would choose acquittal. A sentence of second-degree murder carries a sentence of 15 years to life in prison, while a manslaughter conviction can result in a sentence of up to 20 years. Woodward's hometown of Elton, England, has campaigned for her acquittal. There, the case sparked public outrage against the U.S. legal system and sympathy for Woodward.
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