Irish nanny pleads not guilty to baby’s murder
Her lawyer Melinda Thompson told a Boston judge the “wrong person” had been charged with the murder while her distressed client watched on.
Middlesex County Superior Court Judge Thomas Billings denied a request to release the 34-year-old on bail for fear of the defendant being a potential flight risk, and accepted the prosecution’s assertion that extradition back from Ireland would be impossible.
Although not visible to most of those present in the Woburn courtroom north of Boston, the Cavan-born 34-year-old was audibly sobbing at an initial hearing when she replied not guilty to the murder charge, and then assault and battery in front of court magistrate Matthew Day.
Her lawyer then requested the bail hearing, which was heard and rejected by Judge Billings.
Assistant district attorney Patrick Fitzgerald read out a statement of probable cause which pointed to the fact the victim had been “neurologically alert” on the morning of the alleged assault — her first birthday — while playing with a tea set, before showing signs of “separation anxiety” as her mother needed to go to work.
Later that morning, when the nanny was alone with the child, Mr Fitzgerald testified, a neighbour heard an “excruciating cry” and decided to knock on the Sabirs’ door without reply.
Rehma’s paternal grandparents were in and out that day, and, later that afternoon, became alarmed that the child was still asleep. Ms Brady claimed the child had woken up briefly at lunch-time but appeared lethargic.
When the baby become non-responsive and was rushed to hospital, a catscan revealed subdural haemorrhaging on the brain as well as bruising on the buttocks.
It was stated that the head trauma was consistent with violent shaking while an autopsy on Jan 19, three days after she died, showed signs of blunt force injury to her head and back.
It was also stated in court for the first time that the wall directly next to the changing table had a piece of drywall/plaster missing which suggested “forceful contact with the corner of the table”.
Ms Thompson, in her evidence, pointed out that the prosecution had abandoned emphasis on the timeframe of compression fractures on the vertebrae, describing this change of direction as “convenient” given the fact that Ms Brady McCarthy was not with the child from early December through to early January, during which time those injuries could potentially have been sustained.
“This baby was not normal,” Ms Thompson claimed during her appeal for bail. “She was diagnosed as being sick and diagnosed as being malnourished.”
She added that her client was not a flight risk and that they would sign any paperwork to guarantee Ms Brady McCarthy would not attempt to leave the US.
“She wants to stay here, face the charges and clear her name,” Ms Thompson insisted, before adding their willingness to utilise GPS tracking in order to reassure authorities.
A pretrial conference will take place on May 9.
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