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Did you ever hit Matthew eappen?
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No.
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Did you see Matthew eappen's
head become injured?
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No.
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And did you slam Matthew eappen?
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No.
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Assess the aspiring little actress over there
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and whether or not she told you the truth
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when she said she did absolutely
nothing to Matty eappen
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on February 4th to cause his injuries.
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Make your way through this
high-priced defense production
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and do one thing --
just find the truth.
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Because the truth is
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Louise woodward is responsible
for killing Matty eappen.
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It sent shock waves around the world,
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and the repercussions are certain
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to be felt for years to come.
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When the children started talking about
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robes and candles, you could see
that it had to be satanic.
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We are continuing to examine evidence,
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following up on...
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Wanted by the FBI
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as a criminal instead of a victim.
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...the shocker, it was stunning.
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I have seen ambulances.
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I cannot tell you
if there have been any injuries.
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It was an evil act of terror.
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30
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Deb and I met
as undergraduates in college,
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dated for six or seven years,
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got married our fourth year
of medical school.
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We moved to Boston, started our residency.
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We lived in a small house --
three-bedroom, one-bath house.
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Two kids.
Matthew was six months old.
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Our other son, Brendan --
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two years older than Matthew was.
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We had an au pair that was not working out,
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and we went into what they call transition.
40
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We interviewed Ms. Woodward in November,
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and she began with US,
I believe, it was November 18th.
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And we thought she looked like
a great candidate.
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She seemed to love children.
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She had a lot of experience
with a large family.
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She seemed very lively.
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Around 3:30 on February 4th,
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I found him unresponsive in his crib.
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He seemed off color.
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His eyes were half closed...
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And he wasn't breathing properly.
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He was gasping for breath.
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I tried to help him myself,
tried to give cpr,
53
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and then I called 911.
54
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I was actually at work in somerville.
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I got a page to our home number,
followed by 111,
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and that was a sign to call right away.
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Louise answered.
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She said, "Debbie, it's Matthew.
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I think he's choked on his vomit."
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I was totally stunned.
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I -- I thought, "gee,
we had just talked about cpr
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and we had just talked about choking."
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And, "did you do the abdominal thrust
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and the back thrust like we talked about?"
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And she said no.
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Debbie called me and told me
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that Matthew was gonna be
brought to children's
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and it looks like something's happened,
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we're unsure as to what it was.
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And I ran over there.
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I actually beat the ambulance into the bay.
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Matthew eappen had pressure on the brain,
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and so this operation
was performed on Matthew eappen,
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the craniectomy, where they literally,
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to relieve the intracranial pressure,
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they penetrated the side of his head.
77
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And there was one very telling
thing that happened --
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out spurted yellow serum.
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It is written right there
in the medical records,
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"yellow serum."
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That was a really telling piece of evidence
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because the serum shows that it --
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you know, it's an old injury.
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That's extremely important.
85
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But Matthew eappen was also suffering
86
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from subdural and retinal hemorrhages --
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what was known as the triad.
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At the time, there was a belief,
89
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and that is, if you had all these symptoms
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in similar ways to Matthew eappen,
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this meant that baby was shaken,
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what they called shaken baby syndrome,
93
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with the head snapping back and forth
94
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for about a minute and a half.
95
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This was supposedly all
backed up by scientific studies.
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And then, finally, there was a skull fracture
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that supposedly must have come
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from somebody slamming the baby's head
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against a fixed, hard surface
prior to the admission.
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She never asked me
how the child was doing.
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She told me that she may have
been a little rough with him,
102
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or she was rough with him.
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I distinctly remember her saying
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the part that she was rough
with the child.
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She absolutely, absolutely told me
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that she'd dropped that child.
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That seemed to me as child abuse.
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I couldn't believe it.
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I couldn't believe that
this woman that has been living
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with US for three months
could possibly do such a thing.
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Whose mother had come and stayed with US,
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whose parents were planning on coming back
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and staying with US again.
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You can't possibly imagine that
someone can do that.
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I mean, it's hard to look at the raw facts.
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It's horrible.
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18-year-old Louise woodward came here
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from england in June.
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Since November, she has cared for
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two children of a Newton couple.
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This morning, she was arraigned
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for assaulting one of those children,
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9-month-old Matthew eappen.
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The doctors have indicated
that it is absolutely
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an inflicted injury
that this child has suffered.
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He has massive brain injury.
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It is unclear at this point
whether or not he will live.
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He is in critical condition
as of this morning.
129
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We knew after surgery
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that there was no way he could live.
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We were being told that night
that our baby was gonna die,
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but he lived for five days.
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He was -- he was unresponsive.
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He was being kept alive by a ventilator.
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Basically, the doctors pulled the tube.
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Yeah, we were all there, and we all...
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We all took turns holding him
and just hugging him,
138
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and then I just held him until he died.
139
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I mean, he --
until his heart stopped.
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They indicted her for first-degree murder.
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If she suddenly flipped out
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and slammed the baby's head that hard
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against a fixed, hard surface
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and shook the baby so hard
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that the head was snapping back and forth
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for a minute and a half --
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if that were true, sure.
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That would be an appropriate
criminal charge to bring.
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But that never happened.
150
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In Boston, a childcare worker is behind bars
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and a family is in mourning.
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Nbc's rehema Ellis has a story
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that should make parents think twice
154
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about who's minding their children.
155
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Louise woodward is
accused of an unthinkable crime.
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The 18-year-old British au pair
is charged with the murder
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of 9-month-old Matthew eappen.
158
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The district attorney's office says woodward,
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who was home alone with the baby
and his 2-year-old sibling,
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told police she was frustrated
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because Matthew was cranky and fussy.
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Woodward has pleaded not guilty to the charges.
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I want to maintain my innocence
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and say that I would never have hurt Matty,
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that I never did hurt Matty,
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and I don't know what happened to him.
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I'm not responsible for his death.
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I remember the details of the autopsy.
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I've done over 25,000 autopsies
in my career.
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Certain ones stand out.
This one does.
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There was a fresh skull fracture
in the back of the head.
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People kept saying,
"shaking, shaking, shaking."
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And I kept saying, "you can't
shake a skull fracture.
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It's blunt head trauma.
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Why are you complicating things?"
176
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Anything that bad, a 2 1/2-inch
skull fracture, that's it.
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It's lights out.
It's over.
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As soon as it's inflicted,
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a child will not be able to
function properly immediately.
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There's no lag at all.
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00:10:14,481 --> 00:10:16,381
And in this case,
there was only one person
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who could have done it,
and it was Louise woodward.
183
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And she killed this child, and that's it.
184
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I met her at the institution
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where she was incarcerated
at the time, awaiting trial.
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I found her to be perhaps
a little bit withdrawn.
187
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She was -- you know, she was
in a very bad situation.
188
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First question was, on February 4, 1997,
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did you hit or strike Matthew on the head?
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Her answer was no.
191
00:10:56,189 --> 00:10:59,758
Second question --
on February 4, 1997,
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did you deliberately hit Matthew's head
193
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against a hard object or surface?
194
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Answered no.
195
00:11:06,466 --> 00:11:08,866
Third question -- other than
trying to arouse him
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00:11:08,868 --> 00:11:11,536
on February 4, 1997,
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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 --
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00:11:17,811 --> 00:11:20,378
did you deliberately inflict the injuries
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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,
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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
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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
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00:11:46,840 --> 00:11:48,573
here to report on the British au pair
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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.
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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,
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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
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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,
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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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