Wisconsin Supreme Court lets 'shaken baby' ruling stand

[undeterred]

By RYAN J. FOLEY – 1 day ago

MADISON, Wis. (AP) — A ruling that freed a woman from prison and cast doubt on prosecutions over "shaken baby syndrome" will stand, the Wisconsin Supreme Court has decided. The decision is a victory for former day care provider Audrey Edmunds, who has long maintained her innocence against charges that she shook a baby to death in 1995.

"It's a great breakthrough for us, and we're really glad the Supreme Court acted in righteousness and on my behalf," Edmunds said in a telephone interview.

Edmunds spent more than 10 years in prison after a jury convicted her of first-degree reckless homicide in 1996. She was freed in February after an appeals court said new research into the syndrome cast doubt on her guilt. The appeals court noted that some medical experts now doubt that babies can be killed by shaking alone and believe they can live for hours after suffering traumatic head injuries. Some researchers also argue symptoms similar to those associated with shaking can be caused by other factors.

The Wisconsin Department of Justice appealed to the Supreme Court, saying the ruling would make it virtually impossible for prosecutors to bring charges in shaken baby cases. The new legal standard will allow those convicted based on scientific evidence to seek new trials "whenever a new study is published," said Kevin St. John, spokesman for Attorney General J.B. Van Hollen.

The high court voted 5-1 on Monday not to take up the case and let the ruling stand. The court did not publicly announce the decision, but a spokesman confirmed the vote Thursday. Dane County prosecutors now must decide whether to retry Edmunds. District Attorney Brian Blanchard said he was conferring with the victim's family.

Her appellate lawyer, Keith Findley of the Wisconsin Innocence Project, said he hoped prosecutors would drop the charges."It's time to let Audrey Edmunds get on with her life," he said.

The appeals court said new research into shaken baby syndrome presents alternate theories on how 7-month-old Natalie Beard might have suffered fatal injuries while at Edmunds' in-home day care. It said a jury should hear competing theories.

Edmunds has testified the baby was dropped off at her home in good health but quickly became fussy. She tried unsuccessfully to console the child and then left her in a bedroom in a car seat with a propped bottle. She said she called 911 after finding the baby limp with liquid coming out of her nose and mouth. The child was pronounced dead hours later.

Prosecutors argue the baby died as a result of violent shaking by Edmunds or shaking combined with impact that caused a fatal head injury. Edmunds' lawyers said that it is impossible to know how the baby died but that it could have been the result of a seizure, choking on formula or an infection.

Edmunds is free on bail and living with a friend in Minnesota, near her three teenage daughters. She has said she wants to clear her name.

http://ap.google.com/article/ALeqM5jyU6QkF6N9GO3IAGJGS7m_2m52GwD903TMI00

[undeterred]

1. If I were in the daycare business I'd sure hope the medical experts

in my state figured this out sooner rather than later.

"The appeals court noted that some medical experts now doubt that babies can be killed by shaking alone and believe they can live for hours after suffering traumatic head injuries. Some researchers also argue symptoms similar to those associated with shaking can be caused by other factors."