Controversy Involving the Science of Shaken Baby Syndrome

Recent medical studies in the area of Shaken Baby Syndrome have brought new controversy to numerous criminal cases throughout the United States.  In the past, a majority of medical experts believed that Shaken Baby Syndrome could be ruled as the cause of death in infants based solely on the presence of traumatic brain injury. However, more recently, some members of the medical community have begun to question such a diagnosis, believing that there are other possible reasons for such a brain injury, including a typical fall.  In fact, some experts have gone even further, raising questions as to whether it is even possible that shaking a baby can cause death.  

In a recent New York case, People v. Renee Bailey,  the New York court reversed a 2001 murder conviction of Renee Bailey,  a woman who was previously accused of shaking a two year old child to death who had been left in her care.  The court found that the new medical science would have had an impact on the jury’s verdict had they been made aware of other potential reasons for the child’s brain injuries.  

Similarly, in August, 2015, the Montana Supreme Court ruled that a lower court must reconsider an appeal in the case of the People v. Robert J. Wilkes, where Wilkes was convicted of killing his 3-month-old son.  The ruling again draws into question the science of Shaken Baby Syndrome.  

Only time will tell whether these rulings and the more recent science will have any impact on thousands of prior murder and manslaughter convictions based on Shaken Baby Syndrome.

If you or a family member have been accused of a serious crime such as Murder or Manslaughter, or are fighting to have your conviction overturned, you need an attorney who has the experience and tenacity to fight for your rights. An experienced lawyer will carefully craft a defense for you and may hire expert witnesses to help make your defense clear to the court and jurors. Julie Rendelman has over 22 years of legal experience. She has worked both as a criminal defense attorney privately and as a prosecutor in the Kings County District Attorney’s Office where she was the Deputy Bureau Chief of the Homicide Bureau. Ms. Rendelman offers free consultations. To reach her office, call 212-951-1232.