Murder – Shaken Baby Syndrome

A client and his wife were charged with murder in the death of their baby. They faced 25 to life if convicted of first degree murder and 15 to life if convicted of 2nd degree murder.

The baby, who had sustained serious head injuries, was brought to the hospital, but died after hours of surgery to relieve swelling of the brain. Upon questioning, the parents claimed that the head injuries were caused when the baby accidentally fell.

Preparing the case against the defendant, the prosecution accused him of shaking the baby violently, causing the injuries, subsequent swelling and death of the baby. The prosecution’s medical witness were convinced that the killing was due to an intentional shaking.

The defense aggressively argued against this, contending that the injuries were in fact caused by an accidental fall down the stairs. Mr. Nimmo and his co-counsel utilized extensive expert consultations with a pediatric neurologist and a pediatric pathologist.

Recognizing the strength of the case being put together by the defense team, the prosecution dismissed the case just prior to the preliminary hearing.