Cavan nanny's lawyer says prosecution ‘knowingly deceptive’ with case
The legal team acting on behalf of Cavan nanny Aisling McCarthy Brady have accused the prosecution of being “knowingly deceptive” with the evidence of the murder case against her, and argued that 90 per cent of the evidence should be deemed inadmissible.
Mrs McCarthy Brady was charged with causing the death of one-year-old Rehma Sabir, at the infants's home in the Boston suburb of Cambridge back in January of this year. Living illegally in the US at the time after her Visa expired, Mrs McCarthy Brady has been in custody since her arrest in connection with the child's death, who was in her care at the time. She has been officially charged with First Degree murder.
“Knowingly presenting false and deceptive”
In the most recent pre-trial hearing for the Lavey-native at a Boston court on Tuesday evening (GMT), her defence lawyer Melinda Thompson reiterated that her 35-year-old client is innocent of the charges.
Ms Thompson accused the prosecution of “knowingly presenting false and deceptive” evidence to a grand jury hearing, a claim denied by assistant district attorney Patrick Fitzgerald.
Ms Thompson also called “blatantly inadmissible” character evidence and prior injury evidence which, she alleged, were included to make it look like her client had abused the child over a period of time. She insisted that this was delivered in such a way by the prosecution so that Mrs McCarthy Brady appeared therefore responsible for the murder.
She also claimed that the grand jury had never sought to cross-examine any of the other witnesses about long-bone fractures which the medical examiner said in the autopsy report dated back up to two months. The defence lawyer also criticised “editorial comment” from a witness from the neighbourhood where the Sabir family lived, who gave testimony to the nature of the child’s crying, and evidence of texts sent by the Cavan woman to her husband about how unhappy she was at her job.
The prosecution had previously stated baby Rehma also had numerous bone fractures, which were in the process of healing. They further say the infant was in the sole care of the nanny during the time when she allegedly sustained the injuries prosecutors say are 'consistent with abusive head trauma'.
The accused was in attendance throughout the two-hour hearing at Middlesex Superior Court sitting, and broke down in tears before being led away after it had concluded.
Family fundraiser for legal costs
Friends and relations of Mrs McCarthy Brady are planning to hold a fundraising event in Boston in two weeks time at which members of the Irish community in Boston will be asked to contribute towards mounting legal costs.
An earlier such fundraiser, also held in the US back in mid-June, raised a total of $1000 which is being sent to her prison canteen account in 10-monthly instalments of $100 each.
“Aisling was falsely accused of harming a child in her care and wrongfully imprisoned,” stated a press release from the Brady and McCarthy families. “As a family we are 100 per cent behind Aisling, she is innocent of this crime.”
The next pre-trial hearing is scheduled for October 17th.