There was no decision this week from the Court of Criminal Appeals, but Cathy's lawyers have been told a decision will be handed down this coming Monday, June 11. We will post that decision the moment we hear anything.Robert Bayardo, who conducted the autopsy on 3-month-old Brandon Baugh, was one of the medical experts who testified at Henderson’s trial that the baby’s injuries were too severe to have been caused by an accidental fall as Henderson described.
Cathy and her lawyers are hopeful the delay in handing down this decision is a positive sign. Cathy's lawyers have presented the court with compelling new evidence that throws into doubt crucial prosecution testimony given at her trial. So, although the Court "almost routinely" turns down subsequent writs such as Cathy's, we believe it is likely the judges would have already denied her writ if they were following their usual course.
But after reviewing the new defense evidence, which is based on principles of physics and biomechanics, Bayardo said his opinion had changed.
"Based on the physical evidence in this case, I cannot determine with a reasonable degree of medical certainty whether Brandon Baugh's injuries resulted from an intentional act or an accidental fall," he stated in the affidavit.