Lawyers for Cavan nanny seek dismissal of murder charge
Lawyers acting of behalf of Cavan nanny Aisling McCarthy Brady, who is charged with murder in Boston, Massachusetts, have accused the State prosecution of acting improperly in the case and as a result have asked for a judge to dismiss the charges against her.
Ms McCarthy Brady (34) has been indicted on charges of first degree murder of a baby, one-year-old, Rhema Sabir. Ms McCarthy Brady, who was living illegally in the US at the time after her Visa expired, was the infant's nanny when the baby died on January 14 earlier this year.
The Lavey-native has been in custody since her arrest in connection with the baby's death and is currently being detained without bail at Framington State Prison near the city of Boston.
Her lawyers, including attorney, Melinda Thompson who at all times has professed her client's innocence, say the case against their client is very weak and does not meet the standard of probable cause.
It has further been reported that Ms McCarthy Brady's lawyers have stated the prosecutors acted unethically in the way they presented evidence to the grand jury.
The DA's office 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 Office of the Chief Medical Examiner conducted an autopsy and ruled the cause of death as 'blunt force head injuries' and the manner of death as 'homicide' and 'not accidental'.
The murder trial of Ms Brady McCarthy has been set provisionally for April 7, 2014, according to new records filed in a court in the state of Massachusetts back in May of this year.
The next court hearing involving the case is due to take place on September 3.
A statement from Middlesex District Attorney Marian Ryan to The Anglo-Celt said: “This motion filing by the defense is the standard course of action in this type of criminal proceeding. We are in the process of drafting our response and we will be prepared to fully argue the motion at the next hearing.”