Aisling Brady McCarthy, Irish nanny accused of killing baby, seeks dismissal of case

Woburn, MA 090313 Aisling Brady McCarthy (cq), right, attended a hearing at Middlesex Superior Court in Woburn, where her attorney, Melinda Thompson (cq), left, sought to throw out charges against her client, due to the state's mishandling of grand jury testimony, Tuesday, September 3 2013. (Staff Photo/Wendy Maeda) section: Metro slug: 04nanny reporter: Peter Schworm
McCarthy at the hearing today in Middlesex Superior Court in Woburn
The Boston Globe

WOBURN — A lawyer for Aisling Brady McCarthy, the nanny accused of fatally beating a 1-year-old in her care, today denounced prosecutors for presenting “tainted” evidence to the grand jury that indicted McCarthy, saying 90 percent of it should have been inadmissible.

Prosecutors “knowingly presented false and deceptive evidence to the grand jury in order to obtain an indictment,” said defense attorney Melinda Thompson, who asked a judge to dismiss the case.

Prosecutors rejected the claim, saying evidence presented to jurors was accurate and relevant.

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McCarthy is accused of killing 1-year-old Rehma Sabir in January at the child’s Cambridge home. She has been held in custody since her arrest a few days after the child’s death.

Thompson said she objected to evidence that was introduced of bone fractures to the child that were sustained between two weeks and two months before the child’s death. She said there was no evidence McCarthy caused those injuries.

But prosecutors said the grand jury had a right to have that information to have a fuller picture of what may have happened to the child.

After a lengthy hearing in Middlesex Superior Court, Judge S. Jane Haggerty said she would take the matter under advisement. She did not say when she would issue a ruling.