ROCHESTER, N.Y. (AP) - A new trial has been ordered for a western New York day care operator whose shaken-baby murder conviction was overturned in a landmark court decision.
A state appellate court in November upheld a Monroe County Court judge’s 2014 decision reversing the conviction of 57-year-old Rene Bailey. The appeals court in western New York ruled that evidence once used to prove shaken-baby cases may no longer be scientifically valid.
Bailey was accused of killing a toddler in her care in 2001. She insisted the child’s head injury was caused by falling off a chair, not by being shaken.
The Rochester Democrat and Chronicle (https://on.rocne.ws/2qejtyW ) reports that a state supreme court justice set a new trial date of Sept. 5.
The judge denied a motion by Bailey’s lawyers to dismiss the indictment.
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