Charges Dropped Against Irish Nanny Accused in Baby's Death

Aisling Brady McCarthy has been free on bail since May

Charges against an Irish nanny accused of killing a baby who was in her care have been dropped, according to the Middlesex District Attorney's office.

Aisling Brady McCarthy, 37, of Quincy, was released on bail in May, more than two years after her arrest. Her trial was scheduled to get underway this fall. She was living illegally in the U.S. and taking care of the baby in the family's Cambridge, Massachusetts, home. 

Middlesex District Attorney Marian Ryan announced Monday that a "nolle prosequi" was filed in McCarthy's case after the state medical examiner's office reversed its original ruling that the baby's death was a homicide caused by shaken baby syndrome.

"Based on an assessment of the present state of the evidence, including the amended ruling from the Medical Examiner who performed the autopsy, the Commonwealth cannot meet its burden of proof," Ryan said.

The 1-year-old was hospitalized on Jan. 14, 2013, for subdural and retinal hemorrhaging and cerebral swelling. She was declared brain dead two days later.

The medical examiner initially ruled that the cause of death was complications of blunt force trauma, leading to McCarthy's indictment three months later.

Ryan said her office was informed last week that the medical examiner who conducted the autopsy was issuing an amended ruling changing the cause of death to "complications of subdural hemorrhage of uncertain etiology," and the manner of death to "undetermined."

McCarthy's attorney says that the doctor who diagnosed the baby rushed to judgment, adding that a complete and broad medical history helped the medical examiner re-examine the case and come to a new conclusion.

McCarthy has been living in the Boston area since being released on bail in May after spending two and a half years in jail, but she is being held in the U.S. by immigration officials. Her attorney says she wants to go home to Ireland, but that has yet to be determined.

Contact Us