
Retrial possible in infant death
March 17, 2011
An Athens, Wisconsin man jailed for nearly six years is one step closer
to having a second chance to prove he didn't shake his infant daughter
to death in 2005.
On Tuesday, The Wisconsin Court of Appeals 3rd District based in Wausau
upheld a circuit court judge's August 2009 decision to grant
29-year-old Quentin Louis a new trial.
Louis was home alone March 18, 2005, with his 4-month-old daughter,
Madelyn, when she became limp and stopped breathing, according to
police. She died three days later. Madelyn's death was diagnosed as
shaken-baby syndrome.
During a three-hour interview with police, Louis said he became
frustrated with Madelyn's crying and shook her as hard as he could,
according to court documents. Prosecutors used Louis' confession and
medical evidence about her injuries to convince a jury Louis was guilty
of first-degree reckless homicide. Louis was sentenced in 2006 to 20
years in prison.
The cause of injuries associated with shaken-baby syndrome has been
disputed in recent years by medical and biomechanical experts. As a
result, several high-profile shaken-baby cases in Wisconsin have been
challenged in court.
Robert Huntington, a forensic pathologist who testified for the
prosecution at Louis' trial, has changed his opinion on the cause of
Madelyn's injuries. Huntington testified at a March 18, 2009, hearing
on Louis' request for a new trial that shaking alone could not have
caused Madelyn's severe brain injury and her head must have hit
something.
In its written opinion, the appeals court also found the jury did not
hear testimony that Madelyn might not have immediately showed symptoms
of her injury and jurors were told inaccurate information about her
spinal injury. The description of the injuries were key in the
diagnosis of shaken-baby syndrome, the court wrote.
The appeals court also ruled that Louis' confession, which he claimed
was coerced from him by police, is admissible at his new trial.
Prosecutors will decide in coming weeks if they will ask the Wisconsin
Supreme Court to review the case, Marathon County Assistant District
Attorney LaMont Jacobson said Wednesday.
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