Wednesday 26 October 2016

Nanny accused of killing baby girl in US has charges dropped


Aisling Brady McCarthy
Aisling Brady McCarthy

Charges against an Irish nanny accused of the death of a one-year-old baby in the US have been dramatically dropped.

Aisling Brady McCarthy, from Co Cavan, had been fighting the homicide charges for two-and-a-half years having always declared her innocence in the long-running case.

A review of the medical examiner's report into the baby's death resulted in the cause of death being reversed from homicide to "undetermined".

Ms Brady McCarthy (37) was charged with the murder of baby Rehma Sabir at the child's home in Cambridge, Massachusetts in 2013.

Having served two years in prison, she was released from prison on bail earlier this year and was under house arrest.

The case began when police officers were called to the residence where the child was discovered breathing but unconscious in January 2013.

The baby girl was rushed to hospital and was found to suffering from bleeding and swelling of the brain.

She was pronounced brain dead two days later.

The case against Ms Brady McCarthy, living in the US illegally, centred on the evidence of a medical examiner who performed an autopsy on the child after she died.


The medical examiner ruled that the cause of death was complications of blunt force head injuries, and the manner of death was homicide.

Three months later, an indictment was handed down by a Middlesex County Grand Jury charging the nanny with the death of the child.

Ms Brady McCarthy's legal team had robustly challenged the charges and had sought their own medical experts to review the case.

The medical examiner subsequently reopened their investigations into the cause of death.

Last week they ordered that the cause of death be changed, citing a review of materials including "expert witness reports from the defence and prosecution, additional transcripts of police interviews, transcripts of grand jury testimony and additional medical records".

The medical examiners said they could no longer rule the manner of death was homicide.

Ms Brady McCarthy had just recently married in the US before the incident occurred.

Her legal team had been due to request the case be thrown out in a hearing this week.

But last night, the District Attorney's office in Middlesex announced it had filed a court order to drop the charges as it said there was no longer any proof to prosecute the accused.

"Based on an assessment of the present state of the evidence, including the amended ruling from the Medical Examiner who performed the autopsy, the Commonwealth cannot meet its burden of proof," District Attorney Marian Ryan said.

Locals in Ms Brady McCarthy's home town of Lavey in Co Cavan last night said they were delighted by the developments".

"She has been in jail for more than two years now and really she should not have been there at all," Cllr Val Smith said.

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