Louise Woodward
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Louise Woodward, born in , is a British former
au pair An au pair (; : au pairs) is a person working for, and living as part of, a homestay, host family. Typically, au pairs take on a share of the family’s responsibility for child care as well as some homemaking, housework, and receive a monetary ...
, who at the age of 18 was charged with murder, but was subsequently convicted of
involuntary manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
(reduced from the jury trial verdict) of eight-month-old baby Matthew Eappen, in
Newton, Massachusetts Newton is a city in Middlesex County, Massachusetts, United States. It is located roughly west of Downtown Boston, and comprises a patchwork of thirteen villages. The city borders Boston to the northeast and southeast (via the neighborhoods of ...
, United States. Eappen died from a fractured skull and
subdural hematoma A subdural hematoma (SDH) is a type of bleeding in which a collection of blood—usually but not always associated with a traumatic brain injury—gathers between the inner layer of the dura mater and the arachnoid mater of the meninges surrou ...
, and had a previously unnoticed fractured wrist. Although Woodward was initially found guilty of
second-degree murder Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. ("The killing of another person without justification or excus ...
, Judge Hiller B. Zobel reduced her conviction to
involuntary manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
during a post-conviction relief hearing, leading to her release after serving 279 days. After her return to the United Kingdom, she began a career in
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
, and later ballroom and Latin dance teaching. In 2022, a
Channel 4 Channel 4 is a British free-to-air public broadcast television channel owned and operated by Channel Four Television Corporation. It is state-owned enterprise, publicly owned but, unlike the BBC, it receives no public funding and is funded en ...
documentary revisited the case, with a civil rights lawyer questioning the validity of the ' shaken baby syndrome' accusation.


Background

Five days after being admitted to
Children's Hospital A children's hospital (CH) is a hospital that offers its services exclusively to infants, children, adolescents, and young adults from birth up to until age 18, and through age 21 and older in the United States. In certain special cases, the ...
in
Boston Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
, Matthew Eappen fell into a
coma A coma is a deep state of prolonged unconsciousness in which a person cannot be awakened, fails to Nociception, respond normally to Pain, painful stimuli, light, or sound, lacks a normal Circadian rhythm, sleep-wake cycle and does not initiate ...
and, after being removed from life support, died on , as a result of a fractured skull and
subdural hematoma A subdural hematoma (SDH) is a type of bleeding in which a collection of blood—usually but not always associated with a traumatic brain injury—gathers between the inner layer of the dura mater and the arachnoid mater of the meninges surrou ...
. He was also found to have a fractured wrist, an unnoticed and unexplained injury from a month earlier. Lois E.H. Smith, an
ophthalmologist Ophthalmology (, ) is the branch of medicine that deals with the diagnosis, treatment, and surgery of eye diseases and disorders. An ophthalmologist is a physician who undergoes subspecialty training in medical and surgical eye care. Following a ...
at the hospital, observed retinal hemorrhages judged characteristic of shaken baby syndrome. Woodward was
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ...
ed by police on 5 February, and held for
assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...
and battery initially, then
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
when Matthew died. In a statement to the police, Woodward said that she "popped the baby on the bed", which she said at trial meant the same as "laid" the baby on the bed. However, a police officer testified that Woodward had said she was rough with the child and dropped him twice that day. A
grand jury A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
decided on a
first-degree murder Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. ("The killing of another person without justification or excuse ...
charge in March. She was denied
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when ...
and held until trial at the Massachusetts Correctional Institution – Framingham, a maximum-security prison. Before the trial, the defense tried to move it to another city, arguing that a local jury would be too biased to render a fair
verdict In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales ...
. The judge disagreed and denied the defence motion.


Polygraph testing

Before her
trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
on 7 May 1997, Woodward decided to undergo a
polygraph A polygraph, often incorrectly referred to as a lie detector test, is a pseudoscientific device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a ...
examination conducted by David C. Raskin, a polygraph examiner hired by her own lawyers. During the course of the examination, she was asked questions about whether she caused injury to Matthew while he was in her care on 4 February 1997. She denied having caused any injuries to him, and Raskin concluded that her answers to these questions were truthful to a confidence level of 95 percent. Raskin's results were evaluated by Charles Honts, another polygrapher hired by her defense lawyers, who also claimed that she had answered truthfully when responding to relevant questions about whether she had injured him.


Trial

The presiding judge was Hiller B. Zobel. The prosecution, led by Assistant
District Attorney In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer represen ...
Gerard Leone, along with Assistant District Attorney Martha Coakley, presented eight physicians involved in Matthew's care, including a
neurosurgeon Neurosurgery or neurological surgery, known in common parlance as brain surgery, is the medical specialty that focuses on the surgical treatment or rehabilitation of disorders which affect any portion of the nervous system including the brain, ...
, an
ophthalmologist Ophthalmology (, ) is the branch of medicine that deals with the diagnosis, treatment, and surgery of eye diseases and disorders. An ophthalmologist is a physician who undergoes subspecialty training in medical and surgical eye care. Following a ...
, a
radiologist Radiology ( ) is the medical specialty that uses medical imaging to diagnose diseases and guide treatment within the bodies of humans and other animals. It began with radiography (which is why its name has a root referring to radiation), but tod ...
, two pathologists, and an expert in
child abuse Child abuse (also called child endangerment or child maltreatment) is physical abuse, physical, child sexual abuse, sexual, emotional and/or psychological abuse, psychological maltreatment or Child neglect, neglect of a child, especially by a p ...
, who testified to their belief that his injuries had occurred as a result of violent shaking, and from his head impacting with a hard surface. The defense challenged this, among other things, on the grounds that there were no neck injuries to him; injuries that they claimed would have been expected if he had been violently shaken. The prosecution had also claimed initially that his impact injuries were the equivalent of having been thrown from a two-story building, but they equivocated over this claim as the trial progressed. The defense presented expert medical testimony that his injury may have occurred three weeks before the date of death, implying that his parents, Sunil and Deborah Eappen, both of whom were doctors, might be implicated in negligence or abuse of the child. He had old wrist injuries that may have been incurred before Woodward even arrived at the house. She, however, claimed under cross-examination that she never noticed any slight bumps, marks, or any unusual behaviour by him at any time prior to the night he was taken to the hospital. The lead counsel at Woodward's trial, and the architect of her medical and forensic defense, was
Barry Scheck Barry Charles Scheck (born September 19, 1949) is an American attorney and legal scholar. He received national media attention while serving on O. J. Simpson's defense team, collectively dubbed the "Dream Team (law), Dream Team", helping to win ...
, co-founder of the
Innocence Project Innocence Project, Inc. is a 501(c)(3) nonprofit legal organization that works to exonerate the wrongly convicted through DNA testing and other forms of post-conviction relief, as well as advocates for criminal justice reform to prevent futur ...
. Scheck was hired and paid for by her employer
EF Education First EF Education First (abbreviated as EF) is an international education company that specialises in language training, educational travels, academic degree programmes, and cultural exchanges. The company was founded in 1965 by Bertil Hult in the S ...
's Cultural Care Au Pair. As part of the defense strategy, her attorneys requested that the jury not be given the option of convicting her of manslaughter (a lesser included offense), and instead either convict her of murder or find her not guilty. When personally questioned about this decision by the judge, she agreed with her lawyers. Legal experts speculated that the motivation for this strategy was to help EF Education First avoid a civil lawsuit from the Eappens. EF's screening process and training for au pairs had come under scrutiny; she had only received three days of training. If the death had been pre-meditated, then under Massachusetts law, EF Education First could not be held responsible. However, if the death was not pre-meditated, then it would indicate fault with EF Education First's Cultural Care Au Pair. On 30 October 1997, after 26 hours of deliberations, the jury found her guilty of
second-degree murder Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. ("The killing of another person without justification or excus ...
. The following day, Judge Zobel sentenced her to life in prison with a minimum of 15 years to be served.


Appeal

Woodward's legal team filed post-conviction motions to the trial court, and the hearing opened on 4 November. In the days following the verdict, it emerged that the jury had been split about the murder charge, but those who had favoured an
acquittal In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an of ...
were persuaded to accept a
conviction In law, a conviction is the determination by a court of law that a defendant is Guilty (law), guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a ...
. However, this was of no legal consequence. One juror claimed that none of the jury "thought she tried to murder him". On 10 November, at a post-conviction relief hearing, Judge Zobel reduced the conviction to
involuntary manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
, stating that "the circumstances in which the defendant acted were characterised by confusion, inexperience, frustration, immaturity and some anger, but not malice in the legal sense supporting a conviction for second-degree murder", adding: "I am morally certain that allowing this defendant on this evidence to remain convicted of second-degree murder would be a miscarriage of justice". Woodward's sentence was reduced to
time served In typical criminal law, time served is an informal term that describes the duration of pretrial detention (remand), the time period between when a defendant is arrested and when they are convicted. Time served does not include time served ...
(279 days) and she was freed. Assistant District Attorney Gerald Leone then appealed the judge's decision to the Supreme Judicial Court of Massachusetts. Woodward's lawyers also asked the court to throw out her manslaughter conviction. The court affirmed the guilty verdict by a 7–0 vote. However, in a 4–3 split decision, the court rejected the prosecution's appeal against the reduction of the conviction to involuntary manslaughter, and the sentence, on 16 June 1998. Woodward then returned to the United Kingdom.


Aftermath

On returning home, Woodward gave a press conference, which was broadcast live in the UK and the U.S.. She said that she would be giving an interview to the
BBC The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...
, for no money, and wanted to return to her life. The interview was conducted by
Martin Bashir Martin Henry Bashir (born 19 January 1963) is a British former journalist. He was a presenter on British and American television and for the BBC's '' Panorama'' programme, for which he gained an interview with Diana, Princess of Wales under fal ...
in a special edition of the flagship BBC programme ''
Panorama A panorama (formed from Greek language, Greek πᾶν "all" + ὅραμα "view") is any Obtuse angle, wide-angle view or representation of a physical space, whether in painting, drawing, photography (panoramic photography), film, seismic image ...
'', in which she maintained her innocence. In a later interview, Woodward admitted to "lightly shaking" the baby, an action recommended by the
National Institutes of Health The National Institutes of Health (NIH) is the primary agency of the United States government responsible for biomedical and public health research. It was founded in 1887 and is part of the United States Department of Health and Human Service ...
. Matthew's parents filed a civil lawsuit to prevent Woodward from earning any profits from selling her story. In July 1998, she lost the lawsuit by default as her legal costs were no longer covered by the au pair agency. In January 1999, a settlement was agreed to which barred Woodward from profiting from Matthew's death. Woodward studied law at
London South Bank University London South Bank University (LSBU) is a public university in Elephant and Castle, London. It is based in the London Borough of Southwark, near the South Bank of the River Thames, from which it takes its name. Founded in 1892 as the Borough Po ...
, where she graduated with a 2:2 (Hons) degree in July 2002. In 2004, she began a training contract (mandatory work experience at an accredited firm that aspiring solicitors must serve) with the law firm North Ainley Halliwell, in
Oldham Oldham is a town in Greater Manchester, England. It lies amongst the Pennines on elevated ground between the rivers River Irk, Irk and River Medlock, Medlock, southeast of Rochdale, and northeast of Manchester. It is the administrative cent ...
, Greater Manchester. However, she
dropped out Dropping out refers to leaving high school, college, university or another group for practical reasons, necessities, inability, apathy, or disillusionment with the system from which the individual in question leaves. Canada In Canada, most ind ...
of her training contract the following year in order to pursue a career as a ballroom and Latin dance teacher in
Chester Chester is a cathedral city in Cheshire, England, on the River Dee, Wales, River Dee, close to the England–Wales border. With a built-up area population of 92,760 in 2021, it is the most populous settlement in the borough of Cheshire West an ...
. She and her husband have a daughter, born in 2014. In 2007, Woodward was named the 'most notorious criminal convicted in Massachusetts' by Boston law magazine ''Exhibit A''. The conviction had a side effect of defeating legislation in Massachusetts to restore
capital punishment Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
, when in November 1997, the
Massachusetts House of Representatives The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the State legislature (United States), state legislature of Massachusetts. It is composed of 160 members elected from 14 counties each divided into ...
deadlocked 80–80 on a bill to restart the practice; Rep. John P. Slattery said he had changed his mind from support to opposition after the case, saying he did not "want to be the one lying in bed some night wondering if the wrong person is being put to death". Patrick Barnes, a paediatric radiologist at
Stanford University Leland Stanford Junior University, commonly referred to as Stanford University, is a Private university, private research university in Stanford, California, United States. It was founded in 1885 by railroad magnate Leland Stanford (the eighth ...
, was a key prosecution witness in the trial, but in 2011, said he would not give the same testimony today. He said there had been a revolution in the understanding of head injuries in the past decade, partly due to advances in
MRI Magnetic resonance imaging (MRI) is a medical imaging technique used in radiology to generate pictures of the anatomy and the physiological processes inside the body. MRI scanners use strong magnetic fields, magnetic field gradients, and rad ...
brain scanning technology: "We started realizing there were a number of medical conditions that can affect a baby's brain and look like the findings that we used to attribute to shaken baby syndrome or child abuse", such as infections and '' in utero'' strokes. In 2022,
Channel 4 Channel 4 is a British free-to-air public broadcast television channel owned and operated by Channel Four Television Corporation. It is state-owned enterprise, publicly owned but, unlike the BBC, it receives no public funding and is funded en ...
in the UK broadcast a documentary called ''The Killer Nanny: Did She Do It?'', which looked at the case from both prosecution and defence perspectives. In it,
civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
lawyer Clive Stafford Smith stated that "shaken baby syndrome is bullshit". Boston-based pediatrician and child abuse expert Dr. Eli Newberger, who treated Matthew and who was also a key prosecution witness in Woodward's trial, died in 2024.


See also

* Death of Kristie Fischer * Murder of Krim siblings – in which a nanny was convicted of killing two children in her care


Bibliography

*


References


External links


BBC News, 23 June 1998, "UK: Woodward, no love for the Eappens"
— written record of the Martin Bashir interview
A Syndrome on Trial
— a documentary from Retro Report {{DEFAULTSORT:Woodward, Louise Living people 1978 births 1990s trials 1997 in Boston 20th-century American trials Au pairs British domestic workers British expatriates in the United States British people imprisoned abroad February 1997 crimes in the United States Trials in Massachusetts