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These are the user uploaded subtitles that are being translated: 1 00:00:13,748 --> 00:00:19,051 Did you ever hit Matthew eappen? 2 00:00:19,053 --> 00:00:21,487 No. 3 00:00:21,489 --> 00:00:25,758 Did you see Matthew eappen's head become injured? 4 00:00:25,760 --> 00:00:27,693 No. 5 00:00:27,695 --> 00:00:31,163 And did you slam Matthew eappen? 6 00:00:31,165 --> 00:00:32,898 No. 7 00:00:32,900 --> 00:00:35,701 Assess the aspiring little actress over there 8 00:00:35,703 --> 00:00:37,736 and whether or not she told you the truth 9 00:00:37,738 --> 00:00:40,072 when she said she did absolutely nothing to Matty eappen 10 00:00:40,074 --> 00:00:43,275 on February 4th to cause his injuries. 11 00:00:43,277 --> 00:00:47,679 Make your way through this high-priced defense production 12 00:00:47,681 --> 00:00:51,350 and do one thing -- just find the truth. 13 00:00:51,352 --> 00:00:53,018 Because the truth is 14 00:00:53,020 --> 00:00:56,688 Louise woodward is responsible for killing Matty eappen. 15 00:00:59,360 --> 00:01:01,994 It sent shock waves around the world, 16 00:01:01,996 --> 00:01:03,462 and the repercussions are certain 17 00:01:03,464 --> 00:01:05,664 to be felt for years to come. 18 00:01:07,635 --> 00:01:09,368 When the children started talking about 19 00:01:09,370 --> 00:01:12,104 robes and candles, you could see that it had to be satanic. 20 00:01:14,542 --> 00:01:16,575 We are continuing to examine evidence, 21 00:01:16,577 --> 00:01:18,043 following up on... 22 00:01:18,045 --> 00:01:19,378 Wanted by the FBI 23 00:01:19,380 --> 00:01:21,780 as a criminal instead of a victim. 24 00:01:24,885 --> 00:01:26,752 ...the shocker, it was stunning. 25 00:01:26,754 --> 00:01:28,187 I have seen ambulances. 26 00:01:28,189 --> 00:01:30,122 I cannot tell you if there have been any injuries. 27 00:01:30,124 --> 00:01:32,057 It was an evil act of terror. 28 00:01:32,059 --> 00:01:35,060 29 00:01:35,062 --> 00:01:38,063 30 00:01:50,778 --> 00:01:54,046 Deb and I met as undergraduates in college, 31 00:01:54,048 --> 00:01:55,581 dated for six or seven years, 32 00:01:55,583 --> 00:01:58,050 got married our fourth year of medical school. 33 00:01:58,052 --> 00:02:00,319 We moved to Boston, started our residency. 34 00:02:00,321 --> 00:02:03,088 We lived in a small house -- three-bedroom, one-bath house. 35 00:02:03,090 --> 00:02:05,457 Two kids. Matthew was six months old. 36 00:02:05,459 --> 00:02:07,192 Our other son, Brendan -- 37 00:02:07,194 --> 00:02:09,027 two years older than Matthew was. 38 00:02:14,135 --> 00:02:17,836 We had an au pair that was not working out, 39 00:02:17,838 --> 00:02:20,305 and we went into what they call transition. 40 00:02:20,307 --> 00:02:22,241 We interviewed Ms. Woodward in November, 41 00:02:22,243 --> 00:02:25,511 and she began with US, I believe, it was November 18th. 42 00:02:25,513 --> 00:02:27,579 And we thought she looked like a great candidate. 43 00:02:27,581 --> 00:02:29,815 She seemed to love children. 44 00:02:29,817 --> 00:02:34,052 She had a lot of experience with a large family. 45 00:02:34,054 --> 00:02:35,654 She seemed very lively. 46 00:02:43,330 --> 00:02:48,400 Around 3:30 on February 4th, 47 00:02:48,402 --> 00:02:50,869 I found him unresponsive in his crib. 48 00:02:50,871 --> 00:02:55,207 He seemed off color. 49 00:02:55,209 --> 00:02:59,244 His eyes were half closed... 50 00:02:59,246 --> 00:03:01,046 And he wasn't breathing properly. 51 00:03:01,048 --> 00:03:03,482 He was gasping for breath. 52 00:03:03,484 --> 00:03:07,586 I tried to help him myself, tried to give cpr, 53 00:03:07,588 --> 00:03:09,988 and then I called 911. 54 00:04:08,315 --> 00:04:10,716 I was actually at work in somerville. 55 00:04:10,718 --> 00:04:14,753 I got a page to our home number, followed by 111, 56 00:04:14,755 --> 00:04:18,624 and that was a sign to call right away. 57 00:04:20,127 --> 00:04:21,960 Louise answered. 58 00:04:21,962 --> 00:04:24,096 She said, "Debbie, it's Matthew. 59 00:04:24,098 --> 00:04:27,366 I think he's choked on his vomit." 60 00:04:27,368 --> 00:04:28,900 I was totally stunned. 61 00:04:28,902 --> 00:04:32,771 I -- I thought, "gee, we had just talked about cpr 62 00:04:32,773 --> 00:04:34,273 and we had just talked about choking." 63 00:04:34,275 --> 00:04:36,541 And, "did you do the abdominal thrust 64 00:04:36,543 --> 00:04:38,744 and the back thrust like we talked about?" 65 00:04:38,746 --> 00:04:41,413 And she said no. 66 00:04:41,415 --> 00:04:43,382 Debbie called me and told me 67 00:04:43,384 --> 00:04:45,317 that Matthew was gonna be brought to children's 68 00:04:45,319 --> 00:04:46,852 and it looks like something's happened, 69 00:04:46,854 --> 00:04:48,754 we're unsure as to what it was. 70 00:04:48,756 --> 00:04:49,988 And I ran over there. 71 00:04:49,990 --> 00:04:53,625 I actually beat the ambulance into the bay. 72 00:04:53,627 --> 00:04:57,162 Matthew eappen had pressure on the brain, 73 00:04:57,164 --> 00:05:02,367 and so this operation was performed on Matthew eappen, 74 00:05:02,369 --> 00:05:05,070 the craniectomy, where they literally, 75 00:05:05,072 --> 00:05:08,040 to relieve the intracranial pressure, 76 00:05:08,042 --> 00:05:11,076 they penetrated the side of his head. 77 00:05:11,078 --> 00:05:14,446 And there was one very telling thing that happened -- 78 00:05:14,448 --> 00:05:18,050 out spurted yellow serum. 79 00:05:18,052 --> 00:05:20,118 It is written right there in the medical records, 80 00:05:20,120 --> 00:05:21,853 "yellow serum." 81 00:05:21,855 --> 00:05:26,692 That was a really telling piece of evidence 82 00:05:26,694 --> 00:05:29,361 because the serum shows that it -- 83 00:05:29,363 --> 00:05:31,563 you know, it's an old injury. 84 00:05:31,565 --> 00:05:33,865 That's extremely important. 85 00:05:33,867 --> 00:05:37,569 But Matthew eappen was also suffering 86 00:05:37,571 --> 00:05:42,507 from subdural and retinal hemorrhages -- 87 00:05:42,509 --> 00:05:46,078 what was known as the triad. 88 00:05:46,080 --> 00:05:48,880 At the time, there was a belief, 89 00:05:48,882 --> 00:05:52,250 and that is, if you had all these symptoms 90 00:05:52,252 --> 00:05:55,120 in similar ways to Matthew eappen, 91 00:05:55,122 --> 00:06:00,225 this meant that baby was shaken, 92 00:06:00,227 --> 00:06:03,028 what they called shaken baby syndrome, 93 00:06:03,030 --> 00:06:04,930 with the head snapping back and forth 94 00:06:04,932 --> 00:06:08,467 for about a minute and a half. 95 00:06:08,469 --> 00:06:13,205 This was supposedly all backed up by scientific studies. 96 00:06:13,207 --> 00:06:16,308 And then, finally, there was a skull fracture 97 00:06:16,310 --> 00:06:19,444 that supposedly must have come 98 00:06:19,446 --> 00:06:22,447 from somebody slamming the baby's head 99 00:06:22,449 --> 00:06:28,320 against a fixed, hard surface prior to the admission. 100 00:06:36,630 --> 00:06:39,965 She never asked me how the child was doing. 101 00:06:39,967 --> 00:06:42,567 She told me that she may have been a little rough with him, 102 00:06:42,569 --> 00:06:43,702 or she was rough with him. 103 00:06:43,704 --> 00:06:45,904 I distinctly remember her saying 104 00:06:45,906 --> 00:06:48,173 the part that she was rough with the child. 105 00:06:48,175 --> 00:06:50,342 She absolutely, absolutely told me 106 00:06:50,344 --> 00:06:51,843 that she'd dropped that child. 107 00:06:51,845 --> 00:06:54,846 That seemed to me as child abuse. 108 00:06:54,848 --> 00:06:56,615 I couldn't believe it. 109 00:06:56,617 --> 00:06:58,250 I couldn't believe that this woman that has been living 110 00:06:58,252 --> 00:07:01,019 with US for three months could possibly do such a thing. 111 00:07:01,021 --> 00:07:03,388 Whose mother had come and stayed with US, 112 00:07:03,390 --> 00:07:05,023 whose parents were planning on coming back 113 00:07:05,025 --> 00:07:06,425 and staying with US again. 114 00:07:06,427 --> 00:07:08,660 You can't possibly imagine that someone can do that. 115 00:07:08,662 --> 00:07:11,062 I mean, it's hard to look at the raw facts. 116 00:07:11,064 --> 00:07:12,264 It's horrible. 117 00:07:13,634 --> 00:07:16,268 18-year-old Louise woodward came here 118 00:07:16,270 --> 00:07:17,736 from england in June. 119 00:07:17,738 --> 00:07:19,304 Since November, she has cared for 120 00:07:19,306 --> 00:07:21,106 two children of a Newton couple. 121 00:07:21,108 --> 00:07:22,507 This morning, she was arraigned 122 00:07:22,509 --> 00:07:24,342 for assaulting one of those children, 123 00:07:24,344 --> 00:07:26,344 9-month-old Matthew eappen. 124 00:07:26,346 --> 00:07:28,613 The doctors have indicated that it is absolutely 125 00:07:28,615 --> 00:07:31,783 an inflicted injury that this child has suffered. 126 00:07:31,785 --> 00:07:34,085 He has massive brain injury. 127 00:07:34,087 --> 00:07:36,955 It is unclear at this point whether or not he will live. 128 00:07:36,957 --> 00:07:39,324 He is in critical condition as of this morning. 129 00:07:47,868 --> 00:07:49,501 We knew after surgery 130 00:07:49,503 --> 00:07:52,404 that there was no way he could live. 131 00:07:52,406 --> 00:07:57,576 We were being told that night that our baby was gonna die, 132 00:07:57,578 --> 00:08:01,379 but he lived for five days. 133 00:08:01,381 --> 00:08:03,415 He was -- he was unresponsive. 134 00:08:03,417 --> 00:08:05,884 He was being kept alive by a ventilator. 135 00:08:05,886 --> 00:08:08,887 Basically, the doctors pulled the tube. 136 00:08:08,889 --> 00:08:11,990 Yeah, we were all there, and we all... 137 00:08:11,992 --> 00:08:14,159 We all took turns holding him and just hugging him, 138 00:08:14,161 --> 00:08:17,028 and then I just held him until he died. 139 00:08:17,030 --> 00:08:20,265 I mean, he -- until his heart stopped. 140 00:08:26,707 --> 00:08:28,707 They indicted her for first-degree murder. 141 00:08:28,709 --> 00:08:30,775 If she suddenly flipped out 142 00:08:30,777 --> 00:08:33,645 and slammed the baby's head that hard 143 00:08:33,647 --> 00:08:35,146 against a fixed, hard surface 144 00:08:35,148 --> 00:08:36,848 and shook the baby so hard 145 00:08:36,850 --> 00:08:38,717 that the head was snapping back and forth 146 00:08:38,719 --> 00:08:39,985 for a minute and a half -- 147 00:08:39,987 --> 00:08:43,154 if that were true, sure. 148 00:08:43,156 --> 00:08:47,792 That would be an appropriate criminal charge to bring. 149 00:08:47,794 --> 00:08:49,661 But that never happened. 150 00:08:55,202 --> 00:08:56,902 In Boston, a childcare worker is behind bars 151 00:08:56,904 --> 00:08:58,637 and a family is in mourning. 152 00:08:58,639 --> 00:09:00,338 Nbc's rehema Ellis has a story 153 00:09:00,340 --> 00:09:02,240 that should make parents think twice 154 00:09:02,242 --> 00:09:05,143 about who's minding their children. 155 00:09:05,145 --> 00:09:08,380 Louise woodward is accused of an unthinkable crime. 156 00:09:08,382 --> 00:09:12,017 The 18-year-old British au pair is charged with the murder 157 00:09:12,019 --> 00:09:14,653 of 9-month-old Matthew eappen. 158 00:09:14,655 --> 00:09:16,855 The district attorney's office says woodward, 159 00:09:16,857 --> 00:09:20,225 who was home alone with the baby and his 2-year-old sibling, 160 00:09:20,227 --> 00:09:22,227 told police she was frustrated 161 00:09:22,229 --> 00:09:24,629 because Matthew was cranky and fussy. 162 00:09:24,631 --> 00:09:28,333 Woodward has pleaded not guilty to the charges. 163 00:09:28,335 --> 00:09:29,901 I want to maintain my innocence 164 00:09:29,903 --> 00:09:31,836 and say that I would never have hurt Matty, 165 00:09:31,838 --> 00:09:33,538 that I never did hurt Matty, 166 00:09:33,540 --> 00:09:35,941 and I don't know what happened to him. 167 00:09:35,943 --> 00:09:39,778 I'm not responsible for his death. 168 00:09:39,780 --> 00:09:42,881 I remember the details of the autopsy. 169 00:09:42,883 --> 00:09:46,318 I've done over 25,000 autopsies in my career. 170 00:09:46,320 --> 00:09:50,088 Certain ones stand out. This one does. 171 00:09:50,090 --> 00:09:53,158 There was a fresh skull fracture in the back of the head. 172 00:09:53,160 --> 00:09:55,860 People kept saying, "shaking, shaking, shaking." 173 00:09:55,862 --> 00:09:58,563 And I kept saying, "you can't shake a skull fracture. 174 00:09:58,565 --> 00:09:59,631 It's blunt head trauma. 175 00:09:59,633 --> 00:10:03,134 Why are you complicating things?" 176 00:10:03,136 --> 00:10:06,504 Anything that bad, a 2 1/2-inch skull fracture, that's it. 177 00:10:06,506 --> 00:10:07,939 It's lights out. It's over. 178 00:10:07,941 --> 00:10:09,574 As soon as it's inflicted, 179 00:10:09,576 --> 00:10:13,244 a child will not be able to function properly immediately. 180 00:10:13,246 --> 00:10:14,479 There's no lag at all. 181 00:10:14,481 --> 00:10:16,381 And in this case, there was only one person 182 00:10:16,383 --> 00:10:18,950 who could have done it, and it was Louise woodward. 183 00:10:18,952 --> 00:10:22,587 And she killed this child, and that's it. 184 00:10:29,196 --> 00:10:32,797 I met her at the institution 185 00:10:32,799 --> 00:10:36,935 where she was incarcerated at the time, awaiting trial. 186 00:10:36,937 --> 00:10:42,507 I found her to be perhaps a little bit withdrawn. 187 00:10:42,509 --> 00:10:47,112 She was -- you know, she was in a very bad situation. 188 00:10:47,114 --> 00:10:51,316 First question was, on February 4, 1997, 189 00:10:51,318 --> 00:10:54,486 did you hit or strike Matthew on the head? 190 00:10:54,488 --> 00:10:56,187 Her answer was no. 191 00:10:56,189 --> 00:10:59,758 Second question -- on February 4, 1997, 192 00:10:59,760 --> 00:11:01,593 did you deliberately hit Matthew's head 193 00:11:01,595 --> 00:11:04,362 against a hard object or surface? 194 00:11:04,364 --> 00:11:06,464 Answered no. 195 00:11:06,466 --> 00:11:08,866 Third question -- other than trying to arouse him 196 00:11:08,868 --> 00:11:11,536 on February 4, 1997, 197 00:11:11,538 --> 00:11:15,240 did you injure Matthew by forcibly shaking him? 198 00:11:15,242 --> 00:11:16,574 Answered no. 199 00:11:16,576 --> 00:11:17,809 And the last question -- 200 00:11:17,811 --> 00:11:20,378 did you deliberately inflict the injuries 201 00:11:20,380 --> 00:11:22,414 that resulted in Matthew's death? 202 00:11:22,416 --> 00:11:24,449 Answered no. 203 00:11:24,451 --> 00:11:26,051 Based on the polygraph, 204 00:11:26,053 --> 00:11:29,087 the numerical scoring scale is such 205 00:11:29,089 --> 00:11:33,291 that plus six or higher would be considered truthful, 206 00:11:33,293 --> 00:11:36,661 and she obtained a score of plus 12. 207 00:11:36,663 --> 00:11:38,496 So, she certainly passed the test 208 00:11:38,498 --> 00:11:40,364 and appeared to be telling the truth. 209 00:11:42,402 --> 00:11:44,002 The British are here. 210 00:11:44,004 --> 00:11:46,838 Numerous journalists representing London-based media 211 00:11:46,840 --> 00:11:48,573 here to report on the British au pair 212 00:11:48,575 --> 00:11:51,209 facing charges of first-degree murder. 213 00:11:51,211 --> 00:11:54,512 Every single one of the British television networks is here. 214 00:11:54,514 --> 00:11:57,282 Every single one of the British newspapers is here. 215 00:11:57,284 --> 00:12:00,185 In 1997, 216 00:12:00,187 --> 00:12:03,088 I was the sun's New York correspondent, 217 00:12:03,090 --> 00:12:10,295 and this case had a number of key elements to be a big story. 218 00:12:10,297 --> 00:12:13,364 First of all, there is shaken baby syndrome, 219 00:12:13,366 --> 00:12:16,534 and this was pretty strong stuff. 220 00:12:16,536 --> 00:12:19,104 Using a doll, Dr. Robert Reece demonstrates 221 00:12:19,106 --> 00:12:22,173 how severe shaking can cause terrible injuries 222 00:12:22,175 --> 00:12:23,808 to a tiny, fragile brain, 223 00:12:23,810 --> 00:12:26,845 the condition called shaken baby syndrome. 224 00:12:26,847 --> 00:12:29,848 People who would never think of punching a child 225 00:12:29,850 --> 00:12:33,952 would become so enraged that they could shake a child 226 00:12:33,954 --> 00:12:36,054 and think that that's causing less damage. 227 00:12:36,056 --> 00:12:39,457 Experts describe violent shaking as an insidious killer, 228 00:12:39,459 --> 00:12:40,925 not well understood. 229 00:12:40,927 --> 00:12:42,961 Because babies' neck muscles are so weak 230 00:12:42,963 --> 00:12:44,863 and their brains so fragile, 231 00:12:44,865 --> 00:12:49,300 just one forceful shake can do permanent damage or even kill. 232 00:12:51,571 --> 00:12:55,540 At the epicenter of this huge story, 233 00:12:55,542 --> 00:12:58,676 you've got two women in torment, 234 00:12:58,678 --> 00:13:01,579 Deborah eappen and Louise woodward. 235 00:13:01,581 --> 00:13:06,618 And, generally, in most big news stories that run and run, 236 00:13:06,620 --> 00:13:09,287 you will have a woman in torment. 237 00:13:11,925 --> 00:13:14,826 I think it is terrifying for anyone 238 00:13:14,828 --> 00:13:19,230 that someone who looks "normal" or friendly 239 00:13:19,232 --> 00:13:20,999 or, I hate to use stereotypes, 240 00:13:21,001 --> 00:13:25,170 but a young, soft-spoken, British accent, intelligent girl 241 00:13:25,172 --> 00:13:26,638 could harm your child. 242 00:13:26,640 --> 00:13:29,574 It is terrifying to people, when in fact, 243 00:13:29,576 --> 00:13:30,909 people who abuse children 244 00:13:30,911 --> 00:13:32,777 look just like everybody else in the world. 245 00:13:32,779 --> 00:13:35,213 They're not scary-looking. 246 00:13:40,253 --> 00:13:44,355 Louise was born in a town in england called Elton, 247 00:13:44,357 --> 00:13:45,723 near cheshire. 248 00:13:45,725 --> 00:13:49,093 She had a pretty ordinary life. 249 00:13:49,095 --> 00:13:50,929 Her dad was a carpenter, 250 00:13:50,931 --> 00:13:54,999 and her mum, Susan, worked at a local college. 251 00:13:55,001 --> 00:13:58,469 And Louise dreamed of getting to america. 252 00:14:01,208 --> 00:14:05,643 So she joined a u.S. Agency called e.F. Au pair. 253 00:14:05,645 --> 00:14:08,112 They gave her four days' training, 254 00:14:08,114 --> 00:14:13,518 then placed her with a family, the eappens outside Boston. 255 00:14:13,520 --> 00:14:17,422 And Louise was pretty much hired on the spot. 256 00:14:17,424 --> 00:14:20,191 When Louise moved to Boston, 257 00:14:20,193 --> 00:14:23,161 it was like she'd reached the promised land. 258 00:14:23,163 --> 00:14:25,063 She loved the show "rent," 259 00:14:25,065 --> 00:14:28,533 which she went to see over 20 times with her mates. 260 00:14:28,535 --> 00:14:34,205 She got a fake I.D., and she was partying pretty hard. 261 00:14:34,207 --> 00:14:38,343 She's out till 12:00, 1:00, 2:00, 262 00:14:38,345 --> 00:14:42,046 and that's leaving her pretty shattered the next morning. 263 00:14:45,919 --> 00:14:50,588 So, this was causing the parents some consternation, 264 00:14:50,590 --> 00:14:53,825 and they had a lot of scraps about it. 265 00:14:56,062 --> 00:14:58,763 Deborah eappen also wasn't happy 266 00:14:58,765 --> 00:15:02,533 that Louise was on the phone to her friends 267 00:15:02,535 --> 00:15:04,869 and on the Internet and having showers 268 00:15:04,871 --> 00:15:08,139 when she should have been looking after the kids. 269 00:15:08,141 --> 00:15:10,308 I think what happened was 270 00:15:10,310 --> 00:15:12,810 that she did get angry, and she was upset. 271 00:15:12,812 --> 00:15:13,945 At something? 272 00:15:13,947 --> 00:15:15,980 Well, a lot of things, not just Matthew. 273 00:15:15,982 --> 00:15:19,450 But she was angry at US because we wanted her 274 00:15:19,452 --> 00:15:21,286 to come home at a reasonable hour. 275 00:15:21,288 --> 00:15:22,487 She was angry at US 276 00:15:22,489 --> 00:15:24,489 because we didn't want her to be on the phone 277 00:15:24,491 --> 00:15:26,157 for more than 10 minutes or 15 minutes 278 00:15:26,159 --> 00:15:27,725 when she was at home with the kids. 279 00:15:27,727 --> 00:15:30,328 You know, whatever irrational sort of reasons 280 00:15:30,330 --> 00:15:31,996 that she was angry at US about, 281 00:15:31,998 --> 00:15:35,066 she took it out on Matthew. 282 00:15:35,068 --> 00:15:37,101 Enter into the proceeding 283 00:15:37,103 --> 00:15:39,070 attorney Barry scheck of New York, 284 00:15:39,072 --> 00:15:42,807 a specialist on DNA who Rose to fame in Los Angeles 285 00:15:42,809 --> 00:15:45,209 in the celebrity trial of the century 286 00:15:45,211 --> 00:15:49,247 as a member of the o.J. Simpson defense. 287 00:15:49,249 --> 00:15:53,618 I met Louise when she was in prison. 288 00:15:53,620 --> 00:15:57,422 She is so totally down to earth and normal. 289 00:15:58,959 --> 00:16:06,264 A very bright, very gentle, very loving 19-year-old. 290 00:16:06,266 --> 00:16:12,170 It made no sense whatsoever that she would suddenly, 291 00:16:12,172 --> 00:16:16,107 you know, slam a child's head against a fixed, hard surface. 292 00:16:16,109 --> 00:16:19,544 We all 100% believed her. 293 00:16:19,546 --> 00:16:22,747 It was not even a close call, right? 294 00:16:22,749 --> 00:16:25,650 And I had to go back to the drawing board 295 00:16:25,652 --> 00:16:28,386 to understand the science and to prove 296 00:16:28,388 --> 00:16:31,856 that the prosecution's theory of what happened was wrong. 297 00:16:40,400 --> 00:16:43,935 It wasn't until I started seeing the news reports 298 00:16:43,937 --> 00:16:45,536 of what was happening. 299 00:16:45,538 --> 00:16:48,940 Then I thought, "well, this is a bit unfair." 300 00:16:48,942 --> 00:16:51,709 One of the newspapers called her "the killer nanny," 301 00:16:51,711 --> 00:16:55,546 and I just thought she couldn't really get a fair trial. 302 00:16:55,548 --> 00:16:57,782 We started doing the fundraising. 303 00:16:57,784 --> 00:17:01,753 We were just inundated with just money -- 304 00:17:01,755 --> 00:17:02,954 money, letters... 305 00:17:02,956 --> 00:17:05,723 Just letters and money just kept pouring in. 306 00:17:15,635 --> 00:17:19,904 The primary purpose was to send Gary and sue to america 307 00:17:19,906 --> 00:17:21,906 to be with their daughter. 308 00:17:21,908 --> 00:17:24,509 What was a village campaign originally 309 00:17:24,511 --> 00:17:27,845 has become a worldwide campaign in less than 24 hours, 310 00:17:27,847 --> 00:17:29,547 and the response is quite overwhelming, 311 00:17:29,549 --> 00:17:32,417 and we're not quite keeping up with it at the moment. 312 00:17:32,419 --> 00:17:33,885 There's a sack full of mail here 313 00:17:33,887 --> 00:17:37,455 that's literally just been delivered by the royal mail. 314 00:17:37,457 --> 00:17:38,856 We've got journals being printed 315 00:17:38,858 --> 00:17:40,792 by a group of young 19-year-olds. 316 00:17:40,794 --> 00:17:42,260 There's a national newspaper 317 00:17:42,262 --> 00:17:44,829 that have taken this up as a campaign 318 00:17:44,831 --> 00:17:48,032 and have already donated a large sum of money. 319 00:17:48,034 --> 00:17:50,802 I believe the fund currently, in less than 24 hours, 320 00:17:50,804 --> 00:17:53,004 stands at over $100,000. 321 00:17:53,006 --> 00:17:55,606 We've got people, total strangers, just coming in, 322 00:17:55,608 --> 00:17:57,942 throwing money into our hands. 323 00:17:57,944 --> 00:18:02,246 I didn't envisage that so much money would pour in. 324 00:18:02,248 --> 00:18:05,316 It was phenomenal how much money came in. 325 00:18:05,318 --> 00:18:06,851 What do we want? Justice! 326 00:18:06,853 --> 00:18:08,186 When do we want it? Now! 327 00:18:08,188 --> 00:18:13,057 And I must say, I think it was about $180,000. 328 00:18:13,059 --> 00:18:15,927 I arranged for security core to come. 329 00:18:15,929 --> 00:18:19,564 That's to collect the money to take to the bank every day. 330 00:18:27,674 --> 00:18:29,807 Louise woodward looked as though she might have been 331 00:18:29,809 --> 00:18:31,843 on her way to school or the mall, 332 00:18:31,845 --> 00:18:35,046 except for the handcuffs and leg shackles. 333 00:18:35,048 --> 00:18:37,748 The English teenager now faces life in prison 334 00:18:37,750 --> 00:18:41,018 if a jury in Massachusetts agrees with prosecutors here 335 00:18:41,020 --> 00:18:43,988 that she killed a 9-month-old baby in her care. 336 00:18:43,990 --> 00:18:47,125 What we are saying this case is about is this -- 337 00:18:47,127 --> 00:18:53,431 on February 4th, the defendant, in a frustrated... 338 00:18:53,433 --> 00:18:58,703 Resentful, unhappy attitude, due to a little baby crying, 339 00:18:58,705 --> 00:19:01,806 forcibly slammed him against a hard object, 340 00:19:01,808 --> 00:19:06,077 severely shook him until he was neurologically devastated, 341 00:19:06,079 --> 00:19:07,445 causing his death. 342 00:19:13,052 --> 00:19:14,218 Yesterday was an emotional day in a Massachusetts courtroom 343 00:19:14,220 --> 00:19:16,721 at the murder trial of a young British nanny. 344 00:19:16,723 --> 00:19:18,789 Nbc's pat Dawson reports. 345 00:19:18,791 --> 00:19:20,725 Dr. Deborah eappen came to court 346 00:19:20,727 --> 00:19:23,694 as a witness for the prosecution. 347 00:19:23,696 --> 00:19:27,064 An interesting thing happened during the course of the trial. 348 00:19:27,066 --> 00:19:31,802 You and your husband and your careers 349 00:19:31,804 --> 00:19:35,039 became the focus of many people's attention. 350 00:19:35,041 --> 00:19:37,341 At the time, how many days a week 351 00:19:37,343 --> 00:19:38,943 was Debbie working, your wife? 352 00:19:38,945 --> 00:19:42,213 Routinely, three days -- Tuesday, Wednesday, Thursday. 353 00:19:42,215 --> 00:19:45,449 Did you and your husband have to work that way? 354 00:19:45,451 --> 00:19:46,984 Yes, we did. 355 00:19:46,986 --> 00:19:50,888 You were portrayed, or interpreted, by some 356 00:19:50,890 --> 00:19:57,361 as sort of yuppies who cared more about your careers 357 00:19:57,363 --> 00:20:00,431 than your children. 358 00:20:00,433 --> 00:20:05,570 In many ways, you and your husband were put on trial. 359 00:20:05,572 --> 00:20:07,205 I think it's a way for people to say, 360 00:20:07,207 --> 00:20:09,273 "this couldn't happen to US." 361 00:20:09,275 --> 00:20:12,276 It's a way to say, "we're safe. 362 00:20:12,278 --> 00:20:15,346 Something this family did caused this to happen to them." 363 00:20:15,348 --> 00:20:17,415 I mean, I don't want to justify all our choices, 364 00:20:17,417 --> 00:20:19,283 but I can say that we thought very carefully 365 00:20:19,285 --> 00:20:21,152 about what we were doing 366 00:20:21,154 --> 00:20:24,155 and who we were selecting to take care of our children. 367 00:20:24,157 --> 00:20:26,891 The expert witness 368 00:20:26,893 --> 00:20:29,961 that the prosecution used to rely on all the time 369 00:20:29,963 --> 00:20:33,764 for pulling together all of the scientific evidence 370 00:20:33,766 --> 00:20:37,334 in these kinds of cases was Dr. Patrick Barnes. 371 00:20:37,336 --> 00:20:39,770 All morning, the doctor explained every frame 372 00:20:39,772 --> 00:20:41,739 of Matthew eappen's cat scan results -- 373 00:20:41,741 --> 00:20:44,875 the swelling, the hemorrhaging, the tearing of blood vessels, 374 00:20:44,877 --> 00:20:47,311 all of it irreversible brain damage done, 375 00:20:47,313 --> 00:20:49,513 according to Barnes, deliberately. 376 00:20:49,515 --> 00:20:53,017 My opinion is that this is the classic picture 377 00:20:53,019 --> 00:20:58,456 of the acute or hyper acute shaken impact head injury 378 00:20:58,458 --> 00:21:00,791 seen with non-accidental trauma. 379 00:21:00,793 --> 00:21:04,495 Barnes was emphatic, making that point several times. 380 00:21:04,497 --> 00:21:06,197 Were you there? 381 00:21:06,199 --> 00:21:07,531 Easy. 382 00:21:07,533 --> 00:21:09,033 Were you there, doctor? -Hey! 383 00:21:09,035 --> 00:21:10,334 In my opinion, the hemorrhage -- 384 00:21:10,336 --> 00:21:12,270 doctor, I know what your opinion is. 385 00:21:12,272 --> 00:21:13,904 Barry scheck exploding, 386 00:21:13,906 --> 00:21:16,407 totally frustrated by prosecution expert 387 00:21:16,409 --> 00:21:17,642 Dr. Patrick Barnes, 388 00:21:17,644 --> 00:21:19,443 who wasn't budging an inch about anything, 389 00:21:19,445 --> 00:21:22,280 including how much time he spent on this case. 390 00:21:22,282 --> 00:21:23,514 Give me an estimate. 391 00:21:23,516 --> 00:21:27,118 Maybe four or five total. 392 00:21:27,120 --> 00:21:31,155 You put four or five hours of study into this? 393 00:21:31,157 --> 00:21:33,557 Yes, and 20 years of experience. 394 00:21:33,559 --> 00:21:36,661 Scheck's sarcastic, confrontational cross-examination 395 00:21:36,663 --> 00:21:40,398 could not rattle the pediatric neuroradiologist. 396 00:21:40,400 --> 00:21:44,235 Dr. Barnes, famously, has said 397 00:21:44,237 --> 00:21:46,671 that during my cross-examination of him, 398 00:21:46,673 --> 00:21:50,541 I asked him the question, "Dr. Barnes, were you there?" 399 00:21:50,543 --> 00:21:52,209 And he didn't forget it. 400 00:21:52,211 --> 00:21:53,644 He thought about it, 401 00:21:53,646 --> 00:21:56,614 because these are all unwitnessed events, 402 00:21:56,616 --> 00:21:59,583 and he said something extremely important. 403 00:21:59,585 --> 00:22:04,021 But it was after the verdict in the woodward case. 404 00:22:11,130 --> 00:22:13,964 My opinion is, is that all of the injuries 405 00:22:13,966 --> 00:22:16,834 are attributable to child abuse 406 00:22:16,836 --> 00:22:19,170 for this child to receive 407 00:22:19,172 --> 00:22:24,075 the concomitant occipital fracture 408 00:22:24,077 --> 00:22:31,716 as part of one of the intervals of this shaking assault 409 00:22:31,718 --> 00:22:33,250 and impact to be exerted 410 00:22:33,252 --> 00:22:35,519 in approximately the following fashion. 411 00:22:39,258 --> 00:22:40,624 Powerful testimony from 412 00:22:40,626 --> 00:22:43,961 one of the foremost pediatric experts in the country. 413 00:22:43,963 --> 00:22:47,198 Newberger said the shaking and blunt trauma to Matthew eappen 414 00:22:47,200 --> 00:22:51,001 occurred at the same time and that it was no accident. 415 00:22:51,003 --> 00:22:53,003 As Louise woodward's father looked on, 416 00:22:53,005 --> 00:22:56,207 newberger testified that eappen's head was struck 417 00:22:56,209 --> 00:22:58,275 with enormous force. 418 00:22:58,277 --> 00:23:06,717 This...shaking was of such a violent degree 419 00:23:06,719 --> 00:23:10,121 that it would have required 420 00:23:10,123 --> 00:23:15,426 as much energy as an adult could muster. 421 00:23:15,428 --> 00:23:19,163 There was next-to-no doubt in my mind 422 00:23:19,165 --> 00:23:22,333 that this infant was a victim of shaken baby syndrome. 423 00:23:22,335 --> 00:23:25,970 It was a very powerful image. 424 00:23:25,972 --> 00:23:28,839 Suddenly, the whole thing is much more comprehensible 425 00:23:28,841 --> 00:23:30,207 to the jurors. 426 00:23:30,209 --> 00:23:32,843 They can say, " this is what happened." 427 00:23:32,845 --> 00:23:36,414 This guy seemed like america's leading expert 428 00:23:36,416 --> 00:23:38,082 on shaken baby syndrome, 429 00:23:38,084 --> 00:23:40,518 and if he says that's what happened to him 430 00:23:40,520 --> 00:23:43,687 and he's giving you this amazing demonstration 431 00:23:43,689 --> 00:23:46,457 of how a baby can be shaken to death, 432 00:23:46,459 --> 00:23:49,527 then you are likely to believe him. 433 00:23:54,934 --> 00:23:59,270 We knew the cause of death had to do with the skull fracture, 434 00:23:59,272 --> 00:24:03,274 but the entire defense case said that this was an old injury, 435 00:24:03,276 --> 00:24:05,342 about three weeks old. 436 00:24:05,344 --> 00:24:06,911 I mentioned earlier 437 00:24:06,913 --> 00:24:09,647 this operation performed on Matthew eappen, 438 00:24:09,649 --> 00:24:12,349 the craniectomy, where the serum comes out, 439 00:24:12,351 --> 00:24:14,785 which shows that it's an old injury. 440 00:24:14,787 --> 00:24:17,188 That was just the first step. 441 00:24:17,190 --> 00:24:18,989 Using cat scan results, 442 00:24:18,991 --> 00:24:21,258 the defense's head trauma expert told the jury 443 00:24:21,260 --> 00:24:25,429 Matthew eappen's brain injury was three to four weeks old. 444 00:24:25,431 --> 00:24:28,866 Matthew eappen did not suffer a violent impact to the head, 445 00:24:28,868 --> 00:24:30,701 and certainly not on February 4th. 446 00:24:30,703 --> 00:24:32,503 It is weeks old. 447 00:24:32,505 --> 00:24:34,905 I can't be very precise about it, 448 00:24:34,907 --> 00:24:36,707 but two weeks or more. 449 00:24:36,709 --> 00:24:38,375 And from a fifth defense expert, 450 00:24:38,377 --> 00:24:39,677 the same opinions, 451 00:24:39,679 --> 00:24:42,079 the neurosurgeon explaining the fracture was old 452 00:24:42,081 --> 00:24:45,416 because the baby's head was already forming new bone. 453 00:24:45,418 --> 00:24:48,185 I testified in the case, 454 00:24:48,187 --> 00:24:51,121 and after a journalist said to me, 455 00:24:51,123 --> 00:24:54,558 "can you summarize your thoughts about the trial 456 00:24:54,560 --> 00:24:56,460 in a couple of sentences?" 457 00:24:56,462 --> 00:24:58,262 And I said, "we gave them science, 458 00:24:58,264 --> 00:25:02,099 and the prosecution gave them hysteria." 459 00:25:02,101 --> 00:25:08,172 The skull fracture was pivotal to the defense case 460 00:25:08,174 --> 00:25:11,408 because if it had not happened 461 00:25:11,410 --> 00:25:14,845 on the day that Matthew went to hospital, 462 00:25:14,847 --> 00:25:18,415 then Louise had no case to answer, 463 00:25:18,417 --> 00:25:20,651 because it could have happened any other time, 464 00:25:20,653 --> 00:25:22,052 and anyone could have done it, 465 00:25:22,054 --> 00:25:24,622 from the parents to a family friend. 466 00:25:24,624 --> 00:25:27,825 And so that was all the defense needed to prove, 467 00:25:27,827 --> 00:25:33,030 that this skull fracture had not happened on her watch. 468 00:25:35,801 --> 00:25:40,905 They claim that Louise woodward 469 00:25:40,907 --> 00:25:44,875 took Matthew eappen and shook him, 470 00:25:44,877 --> 00:25:49,647 shook him, shook him for a full minute. 471 00:25:51,450 --> 00:25:53,918 Shook him. 472 00:25:53,920 --> 00:25:56,220 That, ladies and gentlemen, is less than 10 seconds. 473 00:25:56,222 --> 00:25:59,957 That never happened. 474 00:26:02,395 --> 00:26:04,795 We had scientific evidence -- 475 00:26:04,797 --> 00:26:06,664 very, very strong scientific evidence -- 476 00:26:06,666 --> 00:26:09,300 that proved Dr. Newberger and the pediatricians 477 00:26:09,302 --> 00:26:12,269 completely misunderstood the paper 478 00:26:12,271 --> 00:26:15,706 that led them to believe that there was shaking. 479 00:26:15,708 --> 00:26:18,175 And what happened during the course of this trial 480 00:26:18,177 --> 00:26:20,144 is that we were fortunate enough 481 00:26:20,146 --> 00:26:24,848 to have the money to go back and review this 482 00:26:24,850 --> 00:26:29,853 with all the scientists that wrote the seminal papers. 483 00:26:29,855 --> 00:26:32,890 So Dr. Ommaya came in and said it was ridiculous 484 00:26:32,892 --> 00:26:36,193 to say that the baby had been shaken for a minute and a half, 485 00:26:36,195 --> 00:26:39,063 with the neck snapping back and forth. 486 00:26:39,065 --> 00:26:42,666 Testimony from the most impressive defense expert yet, 487 00:26:42,668 --> 00:26:44,535 rhodes scholar, neurosurgeon, 488 00:26:44,537 --> 00:26:47,972 pediatric brain injury specialist ayub ommaya. 489 00:26:47,974 --> 00:26:51,075 This is my opinion, that this is a solid finding 490 00:26:51,077 --> 00:26:52,643 of an older fracture. 491 00:26:52,645 --> 00:26:53,844 And, ommaya added, 492 00:26:53,846 --> 00:26:56,447 the baby was not violently shaken. 493 00:26:56,449 --> 00:26:59,617 Essential part of shaking, if shaking is in place, 494 00:26:59,619 --> 00:27:00,751 is damage to the neck. 495 00:27:00,753 --> 00:27:02,620 Were there such injuries in this case? 496 00:27:02,622 --> 00:27:05,556 There were no injuries in this case. 497 00:27:05,558 --> 00:27:09,059 If you don't see those injuries to the neck, 498 00:27:09,061 --> 00:27:13,364 you know, you really can't say that there's a mechanism of, 499 00:27:13,366 --> 00:27:16,433 you know, severe shaking like this. 500 00:27:19,038 --> 00:27:22,840 It's expected the defense case will now take a sharp turn 501 00:27:22,842 --> 00:27:25,676 from days of dry medical testimony 502 00:27:25,678 --> 00:27:27,911 to the trial's most dramatic witness, 503 00:27:27,913 --> 00:27:31,548 the defendant herself. 504 00:27:34,387 --> 00:27:35,953 One of the general rules 505 00:27:35,955 --> 00:27:38,188 that criminal defense lawyers follow 506 00:27:38,190 --> 00:27:39,490 is the best way to lose it 507 00:27:39,492 --> 00:27:42,493 is to put the client on the witness stand, 508 00:27:42,495 --> 00:27:45,796 because notwithstanding all that scientific evidence, 509 00:27:45,798 --> 00:27:48,799 "do we believe her or not" becomes the only question, 510 00:27:48,801 --> 00:27:51,635 right? 511 00:27:51,637 --> 00:27:55,272 We had reached the conclusion as a defense team 512 00:27:55,274 --> 00:27:58,509 that she shouldn't testify. 513 00:27:58,511 --> 00:28:02,713 But she wanted to get on the stand and say what happened, 514 00:28:02,715 --> 00:28:04,381 and so she did. 515 00:28:07,853 --> 00:28:09,720 I call Louise woodward, your honor. 516 00:28:17,997 --> 00:28:20,497 If you could just stand right here and face the jury. 517 00:28:20,499 --> 00:28:21,465 Raise your right hand. 518 00:28:21,467 --> 00:28:22,666 Mr. Carter. 519 00:28:22,668 --> 00:28:24,101 Do you solemnly swear that the testimony... 520 00:28:24,103 --> 00:28:26,570 Shall be the truth, 521 00:28:26,572 --> 00:28:27,938 the whole truth, and nothing but the truth, 522 00:28:27,940 --> 00:28:29,306 so help you god? 523 00:28:29,308 --> 00:28:31,275 Step over here. Please be seated. 524 00:28:39,618 --> 00:28:44,788 She had a habit of smiling at inappropriate times, 525 00:28:44,790 --> 00:28:46,990 and it almost looked like it was 526 00:28:46,992 --> 00:28:52,162 some sort of secret joke that she was having. 527 00:28:52,164 --> 00:28:57,768 Did you ever...Hit Matthew eappen? 528 00:28:57,770 --> 00:29:00,304 No. 529 00:29:00,306 --> 00:29:04,708 Did you see Matthew eappen's head become injured? 530 00:29:04,710 --> 00:29:06,577 No. 531 00:29:06,579 --> 00:29:09,847 And did you slam Matthew eappen? 532 00:29:09,849 --> 00:29:12,015 No. 533 00:29:12,017 --> 00:29:13,884 And did you do anything to hurt Matthew eappen? 534 00:29:13,886 --> 00:29:15,853 No, I didn't. 535 00:29:15,855 --> 00:29:18,188 Her smirking, 536 00:29:18,190 --> 00:29:23,127 certainly, it all falls within the prosecution's narrative, 537 00:29:23,129 --> 00:29:25,529 really, that she's a schemer 538 00:29:25,531 --> 00:29:28,565 and occasionally she lets her guard down 539 00:29:28,567 --> 00:29:31,935 and you get a glimpse of this monster beneath, 540 00:29:31,937 --> 00:29:33,904 where, you know -- who's smirking 541 00:29:33,906 --> 00:29:37,741 that she's grilled about this baby's death. 542 00:29:45,050 --> 00:29:48,252 Didn't you tell the Newton police officers, 543 00:29:48,254 --> 00:29:50,888 specifically sergeant byrne that night, 544 00:29:50,890 --> 00:29:53,190 that you dropped Matthew on the towels? 545 00:29:53,192 --> 00:29:54,191 Didn't you tell him that? 546 00:29:54,193 --> 00:29:55,292 Absolutely not. 547 00:29:55,294 --> 00:29:56,593 Never used the word "drop"? 548 00:29:56,595 --> 00:29:57,795 I did not. 549 00:29:57,797 --> 00:29:59,997 Louise woodward held on to her story 550 00:29:59,999 --> 00:30:02,833 that she never did anything to hurt Matthew eappen. 551 00:30:02,835 --> 00:30:05,435 She also denied the baby's continuous crying 552 00:30:05,437 --> 00:30:06,603 got the best of her. 553 00:30:06,605 --> 00:30:09,006 Were you aggravated that you had to give 554 00:30:09,008 --> 00:30:10,774 a fussy, crying baby a bath 555 00:30:10,776 --> 00:30:13,710 on a day that wasn't your bath day? 556 00:30:13,712 --> 00:30:14,578 No. 557 00:30:14,580 --> 00:30:15,712 It didn't bother you at all? 558 00:30:15,714 --> 00:30:16,814 No. 559 00:30:16,816 --> 00:30:18,115 Remaining composed 560 00:30:18,117 --> 00:30:20,517 as prosecutor Gerry Leone pressed her, 561 00:30:20,519 --> 00:30:22,219 woodward's voice quivered only 562 00:30:22,221 --> 00:30:25,022 when he went over her testimony about how she panicked 563 00:30:25,024 --> 00:30:28,792 when the baby started gasping for breath as he went limp. 564 00:30:28,794 --> 00:30:31,295 So you're waving, trying to get him to respond, 565 00:30:31,297 --> 00:30:33,697 waving in front of his face, right? 566 00:30:33,699 --> 00:30:34,498 Yes. 567 00:30:34,500 --> 00:30:35,499 Screaming to him, 568 00:30:35,501 --> 00:30:36,533 you're clapping in front of him, 569 00:30:36,535 --> 00:30:38,202 trying to get Matthew to respond. 570 00:30:38,204 --> 00:30:39,169 Yes. 571 00:30:39,171 --> 00:30:42,372 And you panicked at that point, 572 00:30:42,374 --> 00:30:44,374 so you shook Matthew, right? 573 00:30:44,376 --> 00:30:45,742 Yes. You were in a panic. 574 00:30:45,744 --> 00:30:48,078 You were panicking at that point, right? 575 00:30:48,080 --> 00:30:49,246 Yes, I really was. 576 00:30:49,248 --> 00:30:53,450 And the shake was a controlled shake of Matty, 577 00:30:53,452 --> 00:30:54,818 very slow, right? 578 00:30:54,820 --> 00:30:55,919 No, it wasn't like that. 579 00:30:55,921 --> 00:30:58,021 Well, show US again. 580 00:30:58,023 --> 00:30:59,456 It was kind of like that. 581 00:31:01,560 --> 00:31:03,927 And you weren't angry or frustrated 582 00:31:03,929 --> 00:31:06,063 with his crying that day? 583 00:31:06,065 --> 00:31:08,332 I wasn't angry at him, no. 584 00:31:08,334 --> 00:31:13,103 When Louise showed how she shook the baby, 585 00:31:13,105 --> 00:31:14,972 it was quite a powerful moment 586 00:31:14,974 --> 00:31:17,708 because, actually, what you think you're seeing 587 00:31:17,710 --> 00:31:24,815 is this girl in the act of murdering the child. 588 00:31:24,817 --> 00:31:27,851 This is how she did it. 589 00:31:27,853 --> 00:31:29,419 You know, she was telling the truth. 590 00:31:29,421 --> 00:31:31,288 She was a good witness. 591 00:31:31,290 --> 00:31:35,926 She's a wonderful person. She's really smart. 592 00:31:35,928 --> 00:31:37,694 But if she had never testified, 593 00:31:37,696 --> 00:31:39,329 I think the chances of an acquittal 594 00:31:39,331 --> 00:31:40,998 would have skyrocketed. 595 00:31:48,140 --> 00:31:50,040 With only final arguments left, 596 00:31:50,042 --> 00:31:52,342 judge hiller zobel gave Louise woodward 597 00:31:52,344 --> 00:31:53,844 a difficult choice -- 598 00:31:53,846 --> 00:31:56,046 let the jury consider a lesser charge 599 00:31:56,048 --> 00:31:57,781 of voluntary manslaughter, 600 00:31:57,783 --> 00:32:00,817 or face charges of first- or second-degree murder, 601 00:32:00,819 --> 00:32:03,754 which, while they carry the possibility of life in jail, 602 00:32:03,756 --> 00:32:07,291 require the tougher standard of proving malice aforethought. 603 00:32:07,293 --> 00:32:08,492 We explained to her 604 00:32:08,494 --> 00:32:11,929 what the strategic considerations there were, 605 00:32:11,931 --> 00:32:14,197 and she made the decision. 606 00:32:14,199 --> 00:32:16,433 Woodward chose to accept the tougher charges, 607 00:32:16,435 --> 00:32:18,769 hoping the jury will find reasonable doubt 608 00:32:18,771 --> 00:32:23,106 that she willfully killed 8-month-old Matthew eappen. 609 00:32:23,108 --> 00:32:24,608 Innocent people, 610 00:32:24,610 --> 00:32:27,277 even when a case is going terribly, 611 00:32:27,279 --> 00:32:28,946 they keep on thinking, "well, I'm innocent, 612 00:32:28,948 --> 00:32:31,014 so, you know, I'll get acquitted." 613 00:32:31,016 --> 00:32:33,016 They feel confident that, 614 00:32:33,018 --> 00:32:35,319 if forced with the all or nothing, 615 00:32:35,321 --> 00:32:36,954 the jury will have no choice but to say, 616 00:32:36,956 --> 00:32:38,522 well, then, it's nothing. 617 00:32:38,524 --> 00:32:42,092 But, yeah, it is a gamble. It's always a gamble. 618 00:32:44,897 --> 00:32:47,864 Assess the aspiring little actress over there 619 00:32:47,866 --> 00:32:49,733 and whether or not she told you the truth 620 00:32:49,735 --> 00:32:52,102 when she said she did absolutely nothing to Matty eappen 621 00:32:52,104 --> 00:32:54,905 on February 4th to cause his injuries. 622 00:32:54,907 --> 00:32:58,875 Make your way through this high-priced defense production 623 00:32:58,877 --> 00:33:01,578 with all the big blow-ups 624 00:33:01,580 --> 00:33:05,215 and do one thing -- just find the truth. 625 00:33:05,217 --> 00:33:07,050 Because the truth is, 626 00:33:07,052 --> 00:33:10,587 Louise woodward is responsible for killing Matty eappen. 627 00:33:10,589 --> 00:33:13,357 And then the jury went out, 628 00:33:13,359 --> 00:33:17,160 and they were out for a very, very long time, 629 00:33:17,162 --> 00:33:18,195 three days. 630 00:33:18,197 --> 00:33:21,664 And the longer they were out, 631 00:33:21,666 --> 00:33:26,003 the more you're thinking, "this is bad." 632 00:33:27,639 --> 00:33:29,673 What do we want? Justice! 633 00:33:29,675 --> 00:33:31,575 When do we want it? Now! 634 00:33:31,577 --> 00:33:33,910 What do we want? Justice! 635 00:33:33,912 --> 00:33:38,115 We were not supremely confident by any means. 636 00:33:38,117 --> 00:33:41,685 We just knew that we had a very strong scientific case. 637 00:33:41,687 --> 00:33:45,355 But the problem was that it was complicated 638 00:33:45,357 --> 00:33:48,091 and it was all about brain science. 639 00:33:48,093 --> 00:33:50,060 Members of the jury, how is your verdict, 640 00:33:50,062 --> 00:33:54,698 as recorded by the court in indictment number 97433-001, 641 00:33:54,700 --> 00:33:56,633 commonwealth vs. Louise woodward? 642 00:33:56,635 --> 00:33:59,002 Is the defendant guilty or not guilty? 643 00:33:59,004 --> 00:33:59,936 Wo guilty. 644 00:33:59,938 --> 00:34:01,638 Guilty of what? 645 00:34:01,640 --> 00:34:03,407 Guilty of murder in the second degree. 646 00:34:15,521 --> 00:34:18,522 And it's like, "wow!" 647 00:34:18,524 --> 00:34:21,892 And there's a few seconds' pause, 648 00:34:21,894 --> 00:34:23,727 and I will never forget it. 649 00:34:23,729 --> 00:34:27,731 It was the sound of Louise screaming. 650 00:34:34,973 --> 00:34:37,741 Is this jury unconscious? 651 00:34:37,743 --> 00:34:39,910 What trial were they watching? 652 00:34:39,912 --> 00:34:41,578 They couldn't have been watching this trial. 653 00:34:41,580 --> 00:34:46,883 We are obviously pleased and satisfied with the verdict. 654 00:34:46,885 --> 00:34:48,518 I'd just like to underscore one point, 655 00:34:48,520 --> 00:34:53,323 and that is this -- that my concern remains the same 656 00:34:53,325 --> 00:34:56,526 as it was the first day I took this case over, 657 00:34:56,528 --> 00:35:00,330 and that is with Debbie, sunny, and Brendan eappen, 658 00:35:00,332 --> 00:35:02,799 that they're able to recover from all of this. 659 00:35:02,801 --> 00:35:04,601 I can't do better. 660 00:35:04,603 --> 00:35:06,570 I tried as hard as I could. 661 00:35:06,572 --> 00:35:10,507 And you're asking me what went wrong. 662 00:35:10,509 --> 00:35:11,875 I don't know what went wrong. 663 00:35:11,877 --> 00:35:14,344 It's the worst verdict that I've ever experienced. 664 00:35:14,346 --> 00:35:17,447 When I say that this jury failed Louise woodward, 665 00:35:17,449 --> 00:35:21,151 what I mean is that this jury ignored the evidence 666 00:35:21,153 --> 00:35:25,288 and did something that has nothing to do with the evidence. 667 00:35:25,290 --> 00:35:27,657 And I don't know what that is. 668 00:35:27,659 --> 00:35:29,960 It is 2:40 A.M. 669 00:35:29,962 --> 00:35:32,562 At the local pub in Louise woodward's hometown 670 00:35:32,564 --> 00:35:34,731 when the verdict comes down. 671 00:35:34,733 --> 00:35:35,632 Wo guilty. 672 00:35:38,737 --> 00:35:41,872 Shock quickly turns to anger. 673 00:35:41,874 --> 00:35:44,040 It's just unbelievable. 674 00:35:45,410 --> 00:35:47,410 How can they convict someone of that 675 00:35:47,412 --> 00:35:49,279 when there's no evidence to suggest 676 00:35:49,281 --> 00:35:50,380 that she's done anything? 677 00:35:55,554 --> 00:35:57,787 I just want to maintain my innocence 678 00:35:57,789 --> 00:35:59,823 and say that I would never have hurt Matty, 679 00:35:59,825 --> 00:36:01,591 that I never did hurt Matty, 680 00:36:01,593 --> 00:36:04,094 and I don't know what happened to him. 681 00:36:04,096 --> 00:36:06,263 I'm not responsible for his death. 682 00:36:09,601 --> 00:36:12,736 I hope god forgives her for what she did to Matthew eappen. 683 00:36:19,912 --> 00:36:21,912 Outside the prison walls 684 00:36:21,914 --> 00:36:24,314 where Louise has started her life sentence, 685 00:36:24,316 --> 00:36:26,516 there's a hug from friends for her father, Gary, 686 00:36:26,518 --> 00:36:28,385 as he and Louise's mother, Susan, 687 00:36:28,387 --> 00:36:30,120 make their afternoon visit. 688 00:36:30,122 --> 00:36:31,655 I won't stop fighting. 689 00:36:31,657 --> 00:36:34,658 While I have breath in my body, I won't stop fighting for her. 690 00:36:34,660 --> 00:36:35,892 'Cause she's innocent. 691 00:36:48,106 --> 00:36:52,209 What we propose to do is proceed to a review 692 00:36:52,211 --> 00:36:54,211 of what we regard as the unrefuted 693 00:36:54,213 --> 00:36:57,747 and overwhelming scientific evidence in this case 694 00:36:57,749 --> 00:37:00,150 in terms of both the required findings 695 00:37:00,152 --> 00:37:03,620 and an interest of justice perspective. 696 00:37:03,622 --> 00:37:05,255 Why shouldn't people respect 697 00:37:05,257 --> 00:37:08,024 the opinion and the verdict rendered by this jury, 698 00:37:08,026 --> 00:37:10,794 just as you urge people to respect the verdict 699 00:37:10,796 --> 00:37:12,862 rendered by the jury in the o.J. Simpson case? 700 00:37:12,864 --> 00:37:14,864 Well, because this verdict, frankly, 701 00:37:14,866 --> 00:37:16,099 is against the weight of the evidence. 702 00:37:16,101 --> 00:37:17,100 These things happen. 703 00:37:17,102 --> 00:37:18,468 I've been on this program before 704 00:37:18,470 --> 00:37:21,071 talking about cases that I've had the experience of 705 00:37:21,073 --> 00:37:22,906 in the last four years. 706 00:37:22,908 --> 00:37:25,709 32 of them were people who were convicted by juries, 707 00:37:25,711 --> 00:37:27,143 a number of people on death row, 708 00:37:27,145 --> 00:37:31,147 and subsequently science overturned those convictions. 709 00:37:32,751 --> 00:37:33,850 Justice! 710 00:37:33,852 --> 00:37:34,851 Wo when do we want it? Now! 711 00:37:34,853 --> 00:37:35,719 Wo what do we want? 712 00:37:35,721 --> 00:37:37,220 What about the baby? 713 00:37:37,222 --> 00:37:39,256 Justice for that baby! 714 00:37:39,258 --> 00:37:41,825 Everybody forgot about that poor baby. 715 00:37:41,827 --> 00:37:43,126 "Louise, Louise, Louise." 716 00:37:44,429 --> 00:37:45,895 There was a lot of speculation 717 00:37:45,897 --> 00:37:47,297 about what was going to happen 718 00:37:47,299 --> 00:37:52,702 and was this girl really gonna be facing 15 years inside? 719 00:37:52,704 --> 00:37:53,703 Dan, good morning. 720 00:37:53,705 --> 00:37:56,106 Let's quickly review the judge's options. 721 00:37:56,108 --> 00:37:58,408 Well, the judge can order a new trial, 722 00:37:58,410 --> 00:38:01,911 the judge can throw out the verdict altogether, 723 00:38:01,913 --> 00:38:05,081 and the judge could let the verdict stand, of course, 724 00:38:05,083 --> 00:38:06,483 and he could lower the charges. 725 00:38:06,485 --> 00:38:08,685 That's the most realistic scenario for the defense. 726 00:38:08,687 --> 00:38:10,353 That's what they're hoping for here, 727 00:38:10,355 --> 00:38:12,222 is that the judge will reduce these charges 728 00:38:12,224 --> 00:38:13,957 from second-degree murder to manslaughter. 729 00:38:13,959 --> 00:38:17,127 And if that's the case, she could go free. 730 00:38:17,129 --> 00:38:19,429 That's possible. She could get probation -- 731 00:38:19,431 --> 00:38:21,431 anywhere from probation to 20 years 732 00:38:21,433 --> 00:38:22,666 if convicted of manslaughter. 733 00:38:22,668 --> 00:38:25,135 If judge zobel does take some kind of action 734 00:38:25,137 --> 00:38:27,504 and doesn't let this conviction stand, 735 00:38:27,506 --> 00:38:29,706 how unusual will that be? 736 00:38:29,708 --> 00:38:32,208 It would be unusual, but not unheard of. 737 00:38:32,210 --> 00:38:34,010 At the heart of today's hearing -- 738 00:38:34,012 --> 00:38:36,346 how much discretion the trial judge has 739 00:38:36,348 --> 00:38:38,715 in changing the decision of a jury. 740 00:38:38,717 --> 00:38:40,717 One of the toughest choices in the law -- 741 00:38:40,719 --> 00:38:43,920 balancing the jury's choice and justice. 742 00:38:49,127 --> 00:38:52,262 Judge zobel said that he'd deliver his judgment -- 743 00:38:52,264 --> 00:38:54,831 it was gonna be the first time this had ever been done. 744 00:38:54,833 --> 00:38:57,634 He was gonna deliver his judgment on the Internet. 745 00:38:57,636 --> 00:39:01,071 Zobel's order implied that the original indictment 746 00:39:01,073 --> 00:39:02,172 of the English teenager 747 00:39:02,174 --> 00:39:04,808 for first-degree murder was excessive. 748 00:39:04,810 --> 00:39:07,744 And the judge clearly saw a different series of events 749 00:39:07,746 --> 00:39:10,213 leading to the infant Matthew eappen's death. 750 00:39:10,215 --> 00:39:12,382 While prosecutors accused Louise woodward 751 00:39:12,384 --> 00:39:15,051 of shaking and slamming the child in a rage, 752 00:39:15,053 --> 00:39:18,121 he said that while the girl's actions showed "confusion, 753 00:39:18,123 --> 00:39:21,791 fright, and bad judgment," they were, "not malice." 754 00:39:26,298 --> 00:39:29,532 The judge, in his opinion today, in his sentence, 755 00:39:29,534 --> 00:39:33,103 indicated that he was ending this matter in a way 756 00:39:33,105 --> 00:39:36,606 that he felt consistent with the law and the facts 757 00:39:36,608 --> 00:39:39,943 and in the spirit of judicial compassion and conscience. 758 00:39:39,945 --> 00:39:42,479 We have great respect for what he did 759 00:39:42,481 --> 00:39:44,247 and the courage he showed today. 760 00:39:44,249 --> 00:39:47,484 The most difficult thing I've had to do 761 00:39:47,486 --> 00:39:50,186 is try to justify to sunny and Debbie eappen 762 00:39:50,188 --> 00:39:53,056 how a jury can find Louise woodward guilty 763 00:39:53,058 --> 00:39:55,024 of killing their son, 764 00:39:55,026 --> 00:39:59,863 how a judge can also find her guilty of killing their son, 765 00:39:59,865 --> 00:40:03,733 but how a judge can then justify 766 00:40:03,735 --> 00:40:06,970 having the killer of their son 767 00:40:06,972 --> 00:40:09,906 serve approximately the same amount of time 768 00:40:09,908 --> 00:40:14,277 as the days that Matthew spent with his mother and father. 769 00:40:25,090 --> 00:40:28,558 There are so many other causes of these findings 770 00:40:28,560 --> 00:40:31,861 that there are entire chapters in child abuse textbooks 771 00:40:31,863 --> 00:40:35,932 on what they sometimes refer to as the mimics of child abuse, 772 00:40:35,934 --> 00:40:39,269 and they run the gamut from coagulopathies, 773 00:40:39,271 --> 00:40:41,671 that is bleeding disorders, 774 00:40:41,673 --> 00:40:44,407 to infection, 775 00:40:44,409 --> 00:40:48,678 congenital disorders, childhood stroke, 776 00:40:48,680 --> 00:40:53,183 accidental trauma, short falls, choking. 777 00:40:53,185 --> 00:40:55,018 I mean, the list -- the list goes on. 778 00:40:55,020 --> 00:40:59,055 Some of them are controversial, and some of them are not. 779 00:40:59,057 --> 00:41:01,991 So it's a very wide-open, complicated field. 780 00:41:01,993 --> 00:41:03,927 And the doctors, the scientists, 781 00:41:03,929 --> 00:41:07,564 are learning more and more about this every day. 782 00:41:17,409 --> 00:41:20,844 My opinion is that this is the classic picture 783 00:41:20,846 --> 00:41:26,349 of the acute or hyper acute shaken impact head injury 784 00:41:26,351 --> 00:41:28,251 seen with non-accidental trauma. 785 00:41:28,253 --> 00:41:30,753 Were you there? 786 00:41:30,755 --> 00:41:32,088 Easy. 787 00:41:32,090 --> 00:41:34,457 Were you there, doctor? -Hey! 60866

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