Accused Irish Nanny Back in Court

(NECN: Scot Yount, Medford, Mass.) - As in court appearances before, she did not show her face.

Irish nanny, 34-year-old Aisling McCarthy Brady, is accused in a case that has drawn worldwide attention, a group of international journalists covering every nuance of the case.

McCarthy Brady is in jail after an infant in her care, Rehma Sabir, died just two days after her first birthday in mid January.

McCarthy Brady, who is in the country illegally according to the prosecution, has yet to be charged with murder.

In the meantime, she is being held on $500,000 cash bail on assault and battery charges.

"She's terrified, she is devastated, she's in jail for something she didn't do and she is having a really, really hard time," said defense attorney Melinda Thompson.

Prosecutors have not released the child's autopsy report to McCarthy Brady's attorney, and they have yet to file murder charges.

The state has asked for four more weeks for that medical examiner's report...but McCarthy Brady's lawyer cries foul.

"The charges have not been upgraded now for 65 days while somebody sits in jail and a motion is filed today saying that there is no harm to the defendant, well, I beg to differ, there is an innocent person sitting in jail," Thompson told the court.

The autopsy report is key to any new charges.  According to court documents already released, the medical examiner found injuries and bone fractures that could have occurred up to two months before the child's death.

"I think they owe it to my client and frankly they owe it to any defendant to investigate a charge before arresting someone and putting it out there that she's about to be charged, without having the results of an autopsy, which could frankly change the charges and should," said Thompson.

The prosecutor said the investigation is substantially complete, and that the commonwealth has a strong case, dispelling the notion that the extra time required to finish the investigation means the medical examiner's office is struggling to gather enough evidence to charge McCarthy Brady, with murder.

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