New York Court Grants New Trial in Case of Baby Sitter Accused of Shaken Baby Syndrome

On December 16, 2014, a New York court overturned a murder conviction for Shaken Baby Syndrome.

While in the care of a day care provider a two and a half year old died after falling from a bench.  The day care provider was convicted of murder under the theory of Shaken Baby Syndrome.  A post-conviction motion asked the court for a new trial under the theory that new scientific research regarding the characteristics of Shaken Baby Syndrome undermined the reliability of the verdict.  The court agreed with the defense that a child can, in fact, die from a "short fall" and ordered a new trial based on the newly discovered evidence (i.e. advances in scientific research).

You can find a copy of the opinion HERE.