Murder trial told 90% of evidence against Irish nanny is inadmissible

The lawyer representing Irish nanny Aisling Brady McCarthy yesterday argued that 90% of the evidence used to charge her client with murder should have been deemed inadmissible.

Earlier this year, the 35-year-old was charged with causing the death of baby Rehma Sabir in the Boston suburb of Cambridge in January.

Melinda Thompson again declared Brady McCarthy’s innocence and entered a motion to have the charges dropped during lengthy and passionate testimony which sought to undermine the prosecution’s case.

The Cavan native was in attendance yesterday at Middlesex Superior Court in Woburn, 30 minutes north of Boston. She wept throughout before being led away after the nearly two-hour hearing.

Her illegal status has led to the authorities keeping her in custody since her arrest not long after the January death.

Thompson accused the prosecution of “knowingly presenting false and deceptive” evidence to a grand jury hearing, a charge flatly denied by assistant district attorney Patrick Fitzgerald.

McCarthy’s lawyer excoriated the use of “blatantly inadmissible” character evidence and prior injury evidence which, she claimed, were included to make it look like her client abused the child over a period of time and was therefore ultimately responsible for the murder.

“The commonwealth went in there and disobeyed the rule of law,” she told Judge S Jane Hegarty.

Thompson pointed out that the grand jury never cross-examined any of the other witnesses about long bone fractures which dated back almost two months, according to the medical examiner.

Autopsy results showed the child suffered subdural haemorrhaging as well as bruising around her lower body buttocks.

The prosecution has stated that her injuries were consistent with “violent shaking and impact to the head”.

The prosecution’s case will be based around the fact that baby Rehma was alone with Brady McCarthy on her first birthday before the child slipped out of consciousness and was rushed to hospital. She died two days later, on Jan 16.

Thompson also criticised the “editorial comment” made by a neighbour during testimony as to the nature of the child’s crying, while also dismissing evidence presented about texts sent by the defendant to her husband about how unhappy she was at her job.

Meanwhile, the accused’s family is asking the Irish community in Boston for financial support to cover legal costs at a fundraiser on Sept 14.

“Aisling was falsely accused of harming a child in her care and wrongfully imprisoned,” stated a press release from the Brady and McCarthy families.

“As a family we are 100% behind Aisling, she is innocent of this crime.

“The financial cost of her defence attorneys are huge and we are asking for your help and support.”

The next pre-trial hearing is set to take place on Thursday, Oct 17.