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!