Brady free on bail until trial for murder

Aisling Brady McCarthy, the Irish nanny accused of murdering a baby in her care, has been granted bail.

Ms Brady McCarthy will remain free ahead of her trial, which will not begin until July at the earliest.

The 36-year-old Cavan woman has spent close to two and a half years in jail in Boston since the January 2013 death of one-year-old Rehma Sabir.

However, Judge Maureen Hogan decided she should be freed on $15,000 (€13,400) bail under certain conditions.

She will be subject to electronic monitoring, home confinement, must give up her passport, and sign an extradition waiver saying she will not fight being returned to the US should she flee to Ireland.

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Prosecutors argued Ms Brady McCarthy should not be granted bail, claiming she was a flight risk and that the Government might help her secure a fresh passport.

The latter claim was called “absolutely ludicrous” by defence lawyer Melinda Thompson, who said her client had no intention of “sneaking” back to Ireland.

Judge Hogan also confirmed from immigration authorities that the undocumented Ms Brady McCarthy will not be deported if freed on bail.

Ms Brady McCarthy is accused of murdering Rehma, who was found unresponsive in a cot in her parents’ Cambridge apartment. She died in hospital two days later.

It is alleged that Ms Brady McCarthy shook the baby so violently that she suffered traumatic brain trauma and death.

The trial has been delayed a number if times, largely because of disputes over the medical evidence to be presented before the court.

It was due to start today but has been delayed as the Massachusetts chief medical examiner’s office reviews expert reports submitted by the defence. That review will take between three and five weeks.

Ms Brady McCarthy’s lawyers have submitted nine reports from medical experts from the US and abroad.

They question whether Ms Brady McCarthy had any hand in the death. One report highlighted the fact that Rehma suffered injuries weeks before her death, injuries that were first blamed on Ms Brady McCarthy.

In arguing for bail, Ms Thompson said there were “substantially changed circumstances”, particularly in relation to medical evidence.

Prosecutor Joe Gentile said the Irish consulate’s interest in the case made it likely she would be given a new passport.

He also referred to the “great support” Ms Brady McCarthy received back home and argued that it was historically hugely difficult to extradite individuals from Ireland to the US.

Ms Brady McCarthy has “huge incentive to flee rather than face the possibility of life in prison without parole”, said Mr Gentile.

“Nobody is trying to get Ms McCarthy out of the country,” said Ms Thompson. “Ms McCarthy is not trying to get out of the country. Nobody is trying to sneak her out.”

Ms Brady McCarthy will be confined to the home of either her sister or brother in Boston, and will have to wear an electronic bracelet with GPS monitoring.

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