Nanny wants charges of murdering one-year-old dismissed in US case

An Irish nanny charged with the murder of a one-year-old child wants the charges dismissed, claiming there were serious flaws in the process that led to her indictment.

A lawyer for 34-year-old Aisling McCarthy Brady, from Lavey in Co Cavan, also argued there is just not enough evidence to justify the murder and assault charges against the Irish woman.

Ms Brady was charged by a grand jury with the murder of Rehma Sabir nearly two months after the alleged incident in the child’s parent’s Cambridge, Massachusetts, apartment.

Prosecutors allege the Irishwoman violently shook baby Rehma, who suffered “abusive head trauma”, dying two days later in hospital.

However, defence lawyer Melinda Thompson has insisted her client did not kill Rehma, describing the child as already ill well before she was found unresponsive on Jan 14.

In papers filed with Middlesex Superior Court, Ms Thompson asked that the charges be dismissed on the grounds of “impairment of the integrity of the grand jury proceedings” and for “lack of probable cause”.

Few details have emerged as the defence has asked that the documents be sealed as they contain information heard by the grand jury behind closed doors.

However, the court docket includes two higher court judgements routinely cited, according to the Boston Globe, by defence lawyers challenging the ethics of prosecutors before a grand jury and when they believe the panel did not hear sufficient evidence.

Middlesex district attorney Marian Ryan said in a statement: “This motion filing by the defence is the standard course of action in this type of criminal proceeding.

“We are in the process of drafting a response and we will be prepared to full argue the motion at the next hearing.”

Ms Brady, who has been living illegally in the US for 13 years, will be deported to Ireland after the conclusion of criminal proceedings or, if found guilty, at the end of her prison sentence.

The trial is scheduled to take place next April.