Professor Bernhard challenges conviction in case of “shaken baby syndrome”

“The Democrat and Chronicle,” Rochester NY’s daily newspaper, ran an extensive article about the effort to overturn a criminal conviction, an effort led by Professor Adele Bernhard. The director of Pace Law School’s Post Conviction Project, Bernhard filed a 350-page appeal to a conviction from 11 years ago in a case involving “shaken baby syndrome.” New evidence in the case against a former day-care provider leads Bernhard to believe the death of the child under the woman’s care was accidental, not criminal.

“’My feeling in René’s case is the verdict is based on science which is invalid,’ said Bernhard, whose challenge also asserts Bailey received ineffective legal representation at her trial.”

The full article can be read here.

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3 Responses to “Professor Bernhard challenges conviction in case of “shaken baby syndrome””

  1. Thank you, Professor Bernhard, for CARING about the wrongly convicted and their undeniably innocent CHILDREN. When parents are wrongly accused and convicted, their little children suffer due to loss of a breadwinner or caregiver, even their becoming wards of the State. This has lifelong implications for them. Thank you for standing up for the innocent accused. It will make a tremendous difference in the lives of their precious children.

    It distresses me that the lives of innocent children are sacrificed in order to avenge the tragic death of a little one who was not abused “beyond a reasonable doubt.”

  2. thanks for your comment. That is so true.

  3. While I do understand that there are a FEW cases where caretakers are mistakenly charged, my concern is the projects and articles that incite doctors to travel the US testifying in trials that you cannot shake a baby to death. My 3-month old grandson was shaken to death by his babysitter. It was done in front of my 3 year old grandson, who demonstrated what happened. The babysitter confessed that she shook him because he would not stop crying and she was tired.

    It is possible to kill a baby by shaking. It is not an invalid science. The shearing, the hematomas, the retinal bleeds, etc are common in shaken babies. Protect our children. Don’t deny that this does happen.