“The detractors who challenge the diagnosis of ‘shaken baby syndrome’ now known as ‘abusive head trauma’ do not appear to have the support of the medical profession,” McLean wrote. The judge added that “pure second guessing … does not warrant a new trial.”
This is where the judge went wrong. The issue is not whether or not "shaken baby syndrome" exists, but whether the SCIENCE that was used to convict is no longer accepted within the medical profession, and the answer there, is that it almost certainly is not. The very foundation of SBS has changed dramatically in the past 5 years, and even supporters of the diagnosis have been forced to recognize this shift. In other words, the "evidence" used at trial would no longer support a conviction.
Missoula News/Independent Publishing |
Powered by Foundation