
|
|
Prosecutors appeal judge's decision for new trial in
shaken baby case
By Jeff Starck • Wausau Daily Herald • September 30, 2009
Prosecutors are appealing a judge's decision last month to grant an
Athens man a new trial in connection with a 2005 shaken baby death.
In a written ruling released in August, Marathon County Circuit Court
Judge Vincent Howard vacated Quentin Louis' conviction on a
first-degree reckless homicide charge and ordered that a new trial be
scheduled.
Louis, 28, of Athens was convicted in 2006 and was sentenced to 20
years in prison on accusations that he shook his 4-month-old daughter,
Madelyn, to death.
Legal and scientific challenges to shaken-baby deaths since then
resulted in Louis' request for a new trial. A former Madison-area day
care provider served 10 years in prison before being freed in February
2008 after an appeals court ruled that new research might prove the
suspect did not shake the baby to death.
Marathon County Assistant District Attorney LaMont Jacobson said the
Wisconsin Attorney General's Office agreed last week to appeal Howard's
decision in a regional appeals court. The attorney general handles
appeals to higher courts for local prosecutors, Jacobson said.
The appeal delays a new trial indefinitely. Louis, who was transferred
from a state prison to the Marathon County Jail in anticipation of a
new trial, is being held there on a $200,000 cash bond.
Louis was home alone with Madelyn when she became limp and stopped
breathing, according to police. She was taken to the hospital and died
three days later on March 21, 2005.
An autopsy revealed that Madelyn had injuries consistent with
shaken-baby syndrome and prosecutors told jurors that Louis must have
shaken her and caused her death. Louis also confessed to police, but
his trial attorney, Peter Rotter, argued that police extracted a false
confession from a 23-year-old man with an eighth-grade education who
was grieving and sleep-deprived in the days before his interrogation.
In his written ruling, Howard said he granted the new trial "in the
interest of justice," stating that jurors did not hear enough debate
about shaken-baby syndrome or other possible causes of death.
|