|
|
 |
| Shaken Baby
Syndrome |
| |
The shaken baby syndrome, also known as the “whiplash” baby
syndrome, has been a source of medical controversy for many
years and in the public eye since the televised trial of
nanny Louise Woodward held in Boston, Massachusetts back
in 1997. No one can possibly disagree that the protection
of innocent children is a good and desirable end. This protection,
however, must be grounded in logical, reproducible scientific
concepts. Should the science be erroneous or ill-founded,
another category of innocent victims surface; that is, the
wrongfully accused. At the present, scientific studies contradict
themselves as to whether or not the shaken baby syndrome
exists at all. Objective evidence strongly suggests that
we should abandon the term “shaken baby syndrome” and instead
admit that we do not know the force required to cause the
injury. We must also recognize that accidental short-distance
falls can cause the complete set of symptoms usually attributed
to the shaken syndrome.
Attorneys involved in alleged shaken syndrome cases must
have special education in how to defend these cases and
have access to a pool of qualified experts willing to
testify on your behalf. Pesquera is a member of the
National Child Abuse Defense and Resource Center and
attends their international conferences held every other
year to ensure he is up to date with the most recent
studies and research on the subject matter. Because of
the inherent problems that exist in defending shaken
baby syndrome cases, special efforts are required by
defense counsel. Defense attorneys must look for ways to
introduce rationality back into the courtroom. We must
not allow feelings of sympathy for the victim of child
abuse to overwhelm the law or a client’s right to a fair
trial under the law. The attorney must look for ways to
explain the scientific contradiction and present other
justifiable explanations for the symptoms shown by the
child.
Pesquera has successfully defended numerous clients charged
under the shaken baby syndrome theory (see section
entitled "Our Success Record"). For a consultation
held in the strictest confidence, please contact our office
at (407) 898-4000.
|
|
|