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Post by Stormyweather on May 23, 2012 14:29:52 GMT -6
Freedom recommended for convicted child killerAUSTIN -- The fate of a Pflugerville area woman on death row could change. The Austin American-Statesman reports that a Travis County judge recommends that the murder conviction and death sentence for Cathy Lynn Henderson be overturned. In 1995, Henderson was convicted of killing 3-month-old Brandon Baugh. She was the infant's babysitter. At Henderson's trial, prosecutors argued the child's skull was fractured after he was violently thrown against a flat surface. A pediatric head trauma expert at a subsequent hearing said the injury could have resulted from an accidental fall onto a concrete floor covered by tile. That's what Henderson claimed happened. Henderson testified that she panicked and fled with the child's body. Nineteen days later, Brandon was found about 60 miles away in a shallow grave. Just days before her scheduled execution in 2007, Henderson received a reprieve. The Statesman reports that Travis County Judge Jon Wisser's latest recommendation will be considered by the Court of Criminal Appeals. www.kvue.com/news/Convicted-child-killer-on-death-row-153198685.html
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Post by Deleted on May 23, 2012 16:53:28 GMT -6
Well there has been numerous convictions relating to the homicide of infants around the world that has been overturned due to conflicting medical evidence.
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Post by DeadElvis on May 23, 2012 20:14:30 GMT -6
The whole running off with the body and burying it in a shallow grave sure doesn't seem like a typical reaction to horrible accident.
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Post by Stormyweather on May 23, 2012 20:43:44 GMT -6
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Post by rayozz on May 23, 2012 22:08:15 GMT -6
Gee, a lot of names on that thread bring back memories. Wonder where they have all gone? Brandon's grandmother is rightfully upset at the moment. She is a moderator on another pro board and is not happy.
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Post by HANGMAN1981 on May 25, 2012 8:23:43 GMT -6
Gee, a lot of names on that thread bring back memories. Wonder where they have all gone? Brandon's grandmother is rightfully upset at the moment. She is a moderator on another pro board and is not happy. Which pro board?
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Post by Stormyweather on May 25, 2012 9:38:28 GMT -6
Babysitter on death row for killing 3-month-old could get new trial as judge says it may have actually been an accidentA Texas woman who has spent 17 years on death row for murdering a 3-month-old baby could be saved after a judge recommended she get a new trial. Judge Jon Wisser, from Travis County Court, believes Cathy Lynn Henderson, now 55, should have her conviction torn up after medical opinion refuting her claim that she dropped the child was disproved, according to KVUE. Ms Henderson was convicted in 1994 of killing her infant neighbour, Brandon Baugh, while she babysat then burying the body in a wine cooler box 60 miles from her home and fleeing the state She insisted throughout her trial that she accidentally dropped the boy on her concrete floor from four-and-a-half feet in the air, a claim refuted by Dr Roberto Bayardo who said the injuries sustained would not have been possible from that height. But research, which emerged in 2007, suggests the child's death may have been an accident and Dr Bayardo testified at a 2007 hearing that he would not have ruled the same way if he had details on the new research at the time of the trial. 'I think if you took away Dr Bayardo's testimony at the first trial that the jurors would not have convicted Ms Henderson,' Mr Wisser told KVUE. 'I believe it was very difficult for the jurors to separate the death of the infant from Ms Henderson's subsequent behavior.' Judge Wisser has submitted a formal recommendation to the Texas Court of Criminal Appeals to ditch the conviction, potentially saving the woman from execution. Dr Bayardo said at the time of the trial that the infant 'would have had to fall from a height higher than a two-story building' to sustain the injuries he did, and ruled the death a homicide, according to brief filed by Mr Wisser Ms Henderson came within two days of her death sentence in 2007 before being given a last-minute reprieve based on the new research and Mr Bayardo changing his mind. Since then, Judge Wisser has debated whether Ms Henderson's verdict should be revisited. 'In the 16-17 years (since), things have changed,' he said. 'We have more scientific proof and evidence that I thought a jury should have the opportunity to consider. The nine Texas Court of Criminal Appeals judges will issue a ruling sometime in the next few months either denying Judge Wisser's recommendation or setting a date for a hearing, which could result in a new trial. The court can either release Ms Henderson from prison immediately while the two sides prepare for the hearing, or continue holding her in jail until a final decision is reached. The 3-month-old's father, Eryn Baugh, said labelled the new evidence 'junk science' in 2008. 'We came within two days of having this over with and having her executed and getting on with our lives,' he said. 'Now we are back in a courtroom and hearing what is basically a bunch of junk science that is basically going on over the death of my son.' www.dailymail.co.uk/news/article-2149697/Babysitter-death-row-killing-3-month-old-new-trial-judge-says-actually-accident.html?ito=feeds-newsxml
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Post by whitediamonds on May 25, 2012 10:01:26 GMT -6
Buried the body 60 miles from her home and fled the state, that is far past panic
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Post by whitediamonds on May 25, 2012 10:23:19 GMT -6
If a so called accident, had she called for an ambulance immediately maybe the baby could have been saved?
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Post by Deleted on May 25, 2012 20:32:21 GMT -6
If a so called accident, had she called for an ambulance immediately maybe the baby could have been saved? There have been a number of parents and caregivers who have been convicted of killing or hurting their babies whose convictions were later overturned because scientific evidence that convicted them was discredited. However thinking about all those cases, virtually all those parents etc etc had seen the child was hurt and actually had sought medical assistance. ...unlike Cathy Henderson
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Post by Potassium_Pixie on Jun 10, 2012 23:39:16 GMT -6
You know, I would believe the *****'s innocence if she hadn't went and buried the body.
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Post by kingsindanger on Jun 11, 2012 20:30:22 GMT -6
The whole running off with the body and burying it in a shallow grave sure doesn't seem like a typical reaction to horrible accident. Yeah, those actions are kind of hard to sell.
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Post by Moonbeam on Jun 12, 2012 2:33:13 GMT -6
There are always delaying tactics and the use of anything to delay proceedings. It must be so difficult for families to be almost there and then have to deal with it all over again.
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Post by Deleted on Jun 12, 2012 10:11:50 GMT -6
There are always delaying tactics and the use of anything to delay proceedings. It must be so difficult for families to be almost there and then have to deal with it all over again. Delay Tactics aren't usually this successful. Many people who have been executed never won an appeal. Henderson is at the brink of a new trial or an acquittal
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Post by Moonbeam on Jun 12, 2012 19:21:09 GMT -6
Several of the cases I have looked at have used delaying tactics right up until the end, some beginning the whole process over. I'm simply saying it's extremely difficult for the victims loved ones seeking justice to have to deal with this.
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Post by moonlight on Jun 21, 2012 8:55:50 GMT -6
Seems to me another DR inmate hits the jack pot.
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Post by Deleted on Jul 23, 2012 8:18:15 GMT -6
It's horrible for Grannyb and her family. She's such a lovely women even after all she's been through. She's such a strong fighter. Even now she doesn't give up the fight. She deserves to close this as much as it's possible.
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Post by fuglyville on Jul 27, 2012 5:09:14 GMT -6
Several of the cases I have looked at have used delaying tactics right up until the end, some beginning the whole process over. I'm simply saying it's extremely difficult for the victims loved ones seeking justice to have to deal with this. It is tough, no doubt - but when the alternative is the death of a possible innocent, they just have to deal with it. Every legal process takes time, and considering the gravity of a death sentence it's even more important that all doubt is cleared up. There should be an extremely high threshold for the death penalty, and letting someone die just to satisfy a thirst for blood serves no one in the long run.
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Post by kma367 on Jul 28, 2012 20:53:54 GMT -6
This reminds me of the Willingham case, where the basis for the conviction is misrepresented to give the appearance of innocence.
Henderson was not convicted solely based on the ME's findings regarding Brandon's injuries. She was also convicted based on her actions after Brandon's death, i.e. taking off and burying his body, rather than calling for help or getting him to a hospital to treat his allegedly accidental injuries. Those are the actions a rational person would take when a child, or anyone else is injured in an accident. A person who caused the injury deliberately and maliciously would allow the child to die and then bury the body and hope no one ever finds it, which is what Henderson did.
kma367
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Post by Deleted on Jul 28, 2012 23:34:23 GMT -6
This reminds me of the Willingham case, where the basis for the conviction is misrepresented to give the appearance of innocence. Henderson was not convicted solely based on the ME's findings regarding Brandon's injuries. She was also convicted based on her actions after Brandon's death, i.e. taking off and burying his body, rather than calling for help or getting him to a hospital to treat his allegedly accidental injuries. Those are the actions a rational person would take when a child, or anyone else is injured in an accident. A person who caused the injury deliberately and maliciously would allow the child to die and then bury the body and hope no one ever finds it, which is what Henderson did. kma367 Yes, but if you take away the MEs evidence the case will be weaker.
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Post by kma367 on Jul 29, 2012 10:35:42 GMT -6
No, it wouldn't. Henderson was left with the baby. The baby died. Henderson took the baby and buried the body. The logical inference from those facts is that Henderson caused the baby's death. Also, even Henderson's "new evidence" is limited to saying that the injuries found at autopsy were consistent with her description of an accident. However, they don't negate what she did after that so-called accident, which are not the actions of an innocent person.
kma367
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Post by fuglyville on Jul 30, 2012 16:03:18 GMT -6
Sure, but none of this actually proves that she was the actual murderer. Unless such proof shows up, they have no choice but to release her. The fact that she panicked and fled proves that she panicked and fled - it DOES NOT prove a murder.
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Post by kma367 on Jul 30, 2012 17:08:57 GMT -6
Why would she panic and flee if Brandon was really injured and/or died after she accidentally dropped him? If it had really been an accident, she would've called the police or an ambulance and told police/EMTs that she dropped him and gotten him some help. Again, there is no reason for an innocent person who did not intend an injury to a child (or anyone else) to panic, hide the body and flee the jurisdiction.
I would like to know if any of Henderson's "experts" took the time between Brandon's death and the recovery of his body into account when rendering their opinions. It seems to me that, just as with Casey Anthony, not being able to examine the body immediately after death would make it difficult for any ME to render an accurate opinions as to the cause and nature of the child's death.
kma367
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Post by Deleted on Jul 30, 2012 21:16:20 GMT -6
Kma,
I agree with the idea that Henderson's actions after the assault is a strong indicator of guilt, however in itself I don't think it is enough to warrant a conviction. I suspect there is a lot more to the story.
One thing I wondered about was how long did it take for Brandon to die?
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Post by Deleted on Jul 30, 2012 21:19:48 GMT -6
Just did a search on google. I found out that Hendersons daughter testified against her, in addition to statements she was planning to sell the baby.
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Post by fuglyville on Jul 30, 2012 22:33:32 GMT -6
Why would she panic and flee if Brandon was really injured and/or died after she accidentally dropped him? If it had really been an accident, she would've called the police or an ambulance and told police/EMTs that she dropped him and gotten him some help. Again, there is no reason for an innocent person who did not intend an injury to a child (or anyone else) to panic, hide the body and flee the jurisdiction. I would like to know if any of Henderson's "experts" took the time between Brandon's death and the recovery of his body into account when rendering their opinions. It seems to me that, just as with Casey Anthony, not being able to examine the body immediately after death would make it difficult for any ME to render an accurate opinions as to the cause and nature of the child's death. kma367 She was most probably scared as hell, and scared and inexperienced people tend to be irrational - point being, that's still no evidence that she actually murdered om cold blood. And if the prosecution can't come up with actual evidence, they have no choice but to let her go. To sentence her for murder such as the case stands now, would be a travesty and a tragedy in itself.
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Post by The Tipsy Broker on Jul 31, 2012 6:03:10 GMT -6
It's horrible for Grannyb and her family. She's such a lovely women even after all she's been through. She's such a strong fighter. Even now she doesn't give up the fight. She deserves to close this as much as it's possible. I dont know her but ive read her posts on another site and wish her and family the best, and I hope justice will prevail.
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Post by Deleted on Jul 31, 2012 6:10:58 GMT -6
It's horrible for Grannyb and her family. She's such a lovely women even after all she's been through. She's such a strong fighter. Even now she doesn't give up the fight. She deserves to close this as much as it's possible. I dont know her but ive read her posts on another site and wish her and family the best, and I hope justice will prevail. Ill tell her that.
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Post by The Tipsy Broker on Jul 31, 2012 6:16:37 GMT -6
Thank you Dutchy
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Post by Deleted on Jul 31, 2012 7:33:09 GMT -6
Why would she panic and flee if Brandon was really injured and/or died after she accidentally dropped him? If it had really been an accident, she would've called the police or an ambulance and told police/EMTs that she dropped him and gotten him some help. Again, there is no reason for an innocent person who did not intend an injury to a child (or anyone else) to panic, hide the body and flee the jurisdiction. I would like to know if any of Henderson's "experts" took the time between Brandon's death and the recovery of his body into account when rendering their opinions. It seems to me that, just as with Casey Anthony, not being able to examine the body immediately after death would make it difficult for any ME to render an accurate opinions as to the cause and nature of the child's death. kma367 She was most probably scared as hell, and scared and inexperienced people tend to be irrational - point being, that's still no evidence that she actually murdered om cold blood. And if the prosecution can't come up with actual evidence, they have no choice but to let her go. To sentence her for murder such as the case stands now, would be a travesty and a tragedy in itself. It is extremely rare for parents and caregivers not to seek assistance for an injured child in their care, even when they have committed a criminal act against the child.
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