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THE NEXT INNOCENCE PROJECT:
SHAKEN BABY SYNDROME AND THE CRIMINAL COURTS
DEBORAH TUERKHEIMER
Every year in this country, hundreds of people are convicted of having shaken a baby, most often to death. In a prosecution paradigm without precedent, expert medical testimony is used to establish that a crime occurred, that the defendant caused the infant's death by shaking, and that the shaking was sufficiently forceful to constitute depraved indifference to human life.
Shaken Baby Syndrome (SBS) is, in essence, a medical diagnosis of murder, one based solely on the presence of a diagnostic triad: retinal bleeding, bleeding in the protective layer of the brain, and brain swelling.
New scientific research has cast doubt on the forensic significance of this triad, thereby undermining the foundations of thousands of SBS convictions. Outside the United States, this scientific evolution has prompted systemic reevaluations of the prosecutorial paradigm. In contrast, our criminal justice system has failed to absorb the latest scientific knowledge. This is beginning to change, yet the response has been halting and inconsistent. To this day, triad-based convictions continue to be affirmed, and new prosecutions commenced, as a matter of course.
This Article identifies a criminal justice crisis and begins a conversation about its proper resolution. The conceptual implications of the inquiry—for scientific engagement in law's
shadow, for future systemic reform, and for the notion of innocence in a post-DNA world—should assist in the task of righting past wrongs and averting further injustice.
Showing posts with label shaken impact syndrome. Show all posts
Showing posts with label shaken impact syndrome. Show all posts
Sunday, August 9, 2009
Friday, July 31, 2009
Baby's death ruled accident, mother still in jail
http://www.venturacountystar.com/news/2009/jul/30/babys-death-ruled-accidental-but-mother-still-in/
Baby's death ruled accident, mother still in jail
By Raul Hernandez (Contact) Thursday, July 30, 2009
The infant died from blunt-force trauma, according to the Ventura County Medical Examiner.
“The manner of death was ruled as accidental,” Chief Deputy Medical Examiner James Baroni said Wednesday.
The mother, Cecilia Garcia Cortes, 23, of Oxnard, has been in jail with bail set at $500,000 since her arrest in April.
Cortes’ lawyer, Barbara Lewis, who works for the Public Defender’s Office, said the baby was accidentally dropped by Cortes’ boyfriend.
The child died April 30, according to police, and Cortes was accused of fatally shaking the girl. Lewis said the autopsy was performed May 1, but she didn’t get a copy of the results from the District Attorney’s Office until July 17. She said she was told prosecutors received the results a day earlier.
Lewis said prosecutor Thomas Dunlevy indicated the district attorney is going to seek a second opinion, even though the office has relied on the Ventura County Medical Examiner to do hundreds of autopsies.
“There is no reason to doubt his opinion here,” she said.
Lewis said she will try to meet with Dunlevy this week or next to discuss the case.
An early disposition conference on the case is scheduled for Wednesday, Lewis said.
Dunlevy declined to comment. He said his office will conduct further investigation and know in the next few weeks whether the charges against Cortes will be dismissed.
Baroni said the child died because she didn’t get enough oxygen to the brain after the blunt-force trauma. He said the autopsy required further tests and everything had to be thoroughly reviewed before the medical examiner could issue the findings.
Lewis said Cortes has always maintained that the death was an accident. “She knew the truth would come out,” Lewis said.
Oxnard police initially alleged the infant was crying continuously and Cortes became upset with her. Police said they believed Cortes violently shook the baby to get her to stop crying.
The alleged incident occurred April 27 in the 4800 block of Saviers Road in Oxnard, where Cortes lived after having recently moved from Fillmore, according to police.
The baby stopped breathing several hours later, police said. The child was taken to the hospital and died three days later, police said.
Baby's death ruled accident, mother still in jail
By Raul Hernandez (Contact) Thursday, July 30, 2009
The infant died from blunt-force trauma, according to the Ventura County Medical Examiner.
“The manner of death was ruled as accidental,” Chief Deputy Medical Examiner James Baroni said Wednesday.
The mother, Cecilia Garcia Cortes, 23, of Oxnard, has been in jail with bail set at $500,000 since her arrest in April.
Cortes’ lawyer, Barbara Lewis, who works for the Public Defender’s Office, said the baby was accidentally dropped by Cortes’ boyfriend.
The child died April 30, according to police, and Cortes was accused of fatally shaking the girl. Lewis said the autopsy was performed May 1, but she didn’t get a copy of the results from the District Attorney’s Office until July 17. She said she was told prosecutors received the results a day earlier.
Lewis said prosecutor Thomas Dunlevy indicated the district attorney is going to seek a second opinion, even though the office has relied on the Ventura County Medical Examiner to do hundreds of autopsies.
“There is no reason to doubt his opinion here,” she said.
Lewis said she will try to meet with Dunlevy this week or next to discuss the case.
An early disposition conference on the case is scheduled for Wednesday, Lewis said.
Dunlevy declined to comment. He said his office will conduct further investigation and know in the next few weeks whether the charges against Cortes will be dismissed.
Baroni said the child died because she didn’t get enough oxygen to the brain after the blunt-force trauma. He said the autopsy required further tests and everything had to be thoroughly reviewed before the medical examiner could issue the findings.
Lewis said Cortes has always maintained that the death was an accident. “She knew the truth would come out,” Lewis said.
Oxnard police initially alleged the infant was crying continuously and Cortes became upset with her. Police said they believed Cortes violently shook the baby to get her to stop crying.
The alleged incident occurred April 27 in the 4800 block of Saviers Road in Oxnard, where Cortes lived after having recently moved from Fillmore, according to police.
The baby stopped breathing several hours later, police said. The child was taken to the hospital and died three days later, police said.
Wednesday, May 28, 2008
It's a sad time for justice when the convictions of not just one but many people are being relooked at due to one doctor's overzealous desire gets out of control. In Canada, an inquiry coined the Goudge Inquiry started to look at the forensic pathology of infants and small children by a man named Dr. Smith. I suspect Dr. Smith had good intentions as anyone who hurts babies and children ought to be punished to the fullest extent but when that need is overcome by too much passion, innocent people begin to suffer.
The purpose of the Goudge Commission was to:
The Commission's mandate is to conduct a systemic review and to assess the policies, procedures, practices, accountability and oversight mechanisms, quality control measures and institutional arrangements of pediatric forensic pathology in Ontario from 1981 to 2001 as they relate to its practice and use in investigations and criminal proceedings.
The Commission will also review and assess the legislative and regulatory provisions related to the practice of pediatric forensic pathology between 1981 and 2001 and any changes in the above after 2001.
The Commission is to make recommendations to restore and enhance public confidence in pediatric forensic pathology in Ontario and its future use in investigations and criminal proceedings.
The Government appointed Senator Larry Campbell to chair an expert medical and scientific panel which shall report to the Commissioner and provide information and advice to him.
The Commission's mandate does not include reporting on any individual cases that have been or may subject to a criminal investigation or proceeding.
http://www.goudgeinquiry.ca/
Prior to SBS hitting me personally, I believed all I read in the news stories and didn't question doctors. Funny how one moment in time can change lives so drastically.
The purpose of the Goudge Commission was to:
The Commission's mandate is to conduct a systemic review and to assess the policies, procedures, practices, accountability and oversight mechanisms, quality control measures and institutional arrangements of pediatric forensic pathology in Ontario from 1981 to 2001 as they relate to its practice and use in investigations and criminal proceedings.
The Commission will also review and assess the legislative and regulatory provisions related to the practice of pediatric forensic pathology between 1981 and 2001 and any changes in the above after 2001.
The Commission is to make recommendations to restore and enhance public confidence in pediatric forensic pathology in Ontario and its future use in investigations and criminal proceedings.
The Government appointed Senator Larry Campbell to chair an expert medical and scientific panel which shall report to the Commissioner and provide information and advice to him.
The Commission's mandate does not include reporting on any individual cases that have been or may subject to a criminal investigation or proceeding.
http://www.goudgeinquiry.ca/
Prior to SBS hitting me personally, I believed all I read in the news stories and didn't question doctors. Funny how one moment in time can change lives so drastically.
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