THE LAWYER FOR the Irish nanny accused of killing a one-year-old has called for the charges to be dropped saying that prosecutors presented tainted evidence to the jury.
According to the Boston Globe, defence lawyer Melinda Thompson said prosecutors “knowingly presented false and deceptive evidence to the grand jury in order to obtain an indictment.”
In the hearing yesterday she said that 90 per cent of the evidence given against Aisling Brady McCarthy was inadmissible.
However, Patrick Fitzgerald, an assistant district attorney for Middlesex County, rejected Thompson’s claims saying the evidence was accurate and relevant.
After a lengthy hearing, Middlesex Superior Court Judge S. Jane Haggerty said she would take the matter under advisement, but did not say when she would issue a ruling on whether to dismiss the case.
The 34-year-old Cavan native, who has been living in the US illegally for a number of years, is accused of violently injuring one-year-old Rehma Sabir and causing her death.
Brady McCarthy denies all charges against her, which relate to the discovery of an unresponsive child on the afternoon of January 14. Police found Rehma Sabir breathing, but unconscious, after being called out to a property on Ash Street in central Boston.
The girl was transported to the Children’s Hospital where she was found to be suffering from subdural and retinal haemorrhaging, and cerebral swelling. She was pronounced brain dead on January 16 and subsequently died.
The Office of the Chief Medical Examiner conducted an autopsy and ruled that the cause of death was blunt force head injuries, and the manner of death was “homicide and not accidental”.
It is alleged that McCarthy Brady was the only person who had contact with the baby during the period when she sustained the injuries.