Justice can be slow. And non-existent. She was free to shake all the babies she wanted to for 35 years. Causing brain damage to this person may as well had been the death penalty.
It used to be that if a victim survived an injury for one year, the assailant would/could not be charged with murder. Tough case. But for cripes sake, the original sentence was way too light.
A first-degree murder conviction requires proof beyond a reasonable doubt that she intended to kill the kid.
I highly doubt that’s gonna happen.
And, as has been mentioned earlier, classically if the victim survived for a year, then a subsequent death is not murder.
Uhhhh...no
The judge 35 years ago gave a stupid light sentence for a terrible crime..
This will open the door to judicial and prosecutorial misconduct the likes of which we will regret..
Think about the slow creep and the worst case scenarios that can result from this...
They will happen
This guy could have fallen or been in a car accident or any a number of spine jarring accidents in 35 years since the shaking. I’m no Doctor, but I can’t see how this can be directly contributed to this 36 year old case?!
It was a 24 hour a day 35 year sentence for his parents and caregivers. They had one child who sucks up all the care and resources, and a reduction for any siblings he might have, lost employment and savings opportunities, damage to a marriage that now has to center on care for a child that will never have a normal life.
I still agree with Cuban leaf and others that any charges should have been brought 34 years ago. This is defacto double jeopardy.
I have trouble with this charge. It’s akin to the George Floyd cop being convicted of both manslaughter and murder.
How is this not double jeopardy? Any Florida attorneys want to comment? In most states, there is no way you could try someone twice for the same factual scenario.
The government is out of control.
Screwing up the case the first time doesn’t give you that second bite at the apple. Wow. And I have knowledge of how devastating shaken baby syndrome is. But this is wrong.
While she deserved a much harsher sentence the first time around, this is just too close to double jeopardy. No, this will set precedent to try and retry people again and again never ending. Thirty years of life, even disabled, later, nope, sorry, that’s just, no.
Now . . . if we could only get the same justice for all the current and future damages from “The Jab”.
Whatever happened to *Double Jeopardy”?
She was tried, pled guilty, and served the sentence.