Cathy Lynn Henderson (pictured with Sr. Helen Prejean) has been back in the news as her case goes back before a Travis County Judge. As the Save Cathy Henderson site and Austin Legal reported last week, Judge Jon Wisser is holding a series of hearings to decide if Henderson should get a new trial. Six hearings take place throughout November. The prosecutors get their turn in January. At the heart of it: "Henderson's lawyers say new tests show Brandon may have fallen from Henderson's arms and was not intentionally smashed against a wall or floor."
She says it was an accident but the jury believed otherwise, making babysitter Cathy Lynn Henderson the only Travis County woman currently on Texas Death Row.
Just days before her scheduled Wednesday, June 13, 2007 execution, Henderson has been given a reprieve because new evidence might support her claims that 3-month old Brandon Baugh did die in an accidental fall in 1994.
At the Save Cathy Henderson web site you can read a PDF of the Affidavit of Roberto J. Bayardo, M.D.. Dr. Bayardo originally testified at Henderson's trial disputing her account of how the baby suffered his head injuries. He now says that in light of new evidence -- based on physics and biomechanics -- he "cannot determine with a reasonable degree of medical certainty whether Brandon Baugh's injuries resulted from an intentional act or an accidental fall." As reported in The Kansas City Star, Henderson says she was "swinging Brandon around in an attempt to soothe him when she lost her balance, and he flew from her arms."
Source: about.com, November 29, 2008
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