Judge: Overturn Cathy Lynn Henderson conviction, death sentence

Cathy Henderson and Sr. H. Prejean

Cathy Lynn Henderson, once two days from execution for the 1994 death of an infant she was baby sitting, should have her murder conviction and death sentence overturned, a Travis County judge has recommended.

District Judge Jon Wisser said scientific discoveries into the nature of head injuries — and a change of heart from the prosecution’s star witness, former medical examiner Roberto Bayardo - means no reasonable juror would convict Henderson if presented the new evidence at trial.

“Testimony of the state’s chief experts was, at bottom, scientifically flawed,” Wisser wrote in findings dated May 12 and delivered to the appeals court Tuesday.

After reviewing new evidence via testimony and briefs, Wisser recommended that the Court of Criminal Appeals dismiss Henderson’s conviction and return her case to Travis County, where she may face “any indictment or charges” that prosecutors choose to pursue in the death of 3-month-old Brandon Baugh.

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Source: statesman.com, May 23, 2012

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