For the last four years I have watched a lady that I know fight the system. She was falsely charged with the "crime" of shaking a baby. You know that this "crime" has been high lighted by signs along the highway and media blurbs. We have been made to believe that it is a major problem to our society. I had gone along with the published information. That was before I became a first hand witness of the process. If a child is brought into the emergency room and any doctor or medical staff thinks that there might be something suspicious, they are required by law to "hotline." This means they must call certain authorities, who in turn notify the Department of Family Services (DFS). An investigation follows by an officer of that department. He has a few standard questions and if the answers are not what he expects, then he has to find a criminal who has perpetuated the crime of child abuse. I need to insert here that I do agree that some children are being abused in our modern society and one is more than enough!
Believe it or not the SBS (Shaken Baby Syndrome) has become like a religious doctrine. When certain criteria take place in the body of a child, the State has come to determine that the child was shaken violently to cause the injuries. For several years many convictions have been made and people put into prison on the charge of shaking a baby. There has now risen a good number of physicians and medical experts who are proving that there must be other signs of injury that would be attributed to SBS. And if these other signs are not evident then the State should not be able to proceed with such charges.
One of the things I witnessed in the past four years as an observer was the doggedness and the bias of the State prosecutor's office in pushing this particular case. Their bias and obvious hatred toward their accused was very evident. They immediately brought in expert professional witnesses to give testimony in favor of SBS.
The defendant had no choice but to hire her lawyers, who in turn contacted expert professional witnesses against SBS. In the last 4 years, the expenses of defending herself rose to the thousands of dollars. She and her family had to pay their own way while the State Prosecutor drew from special coffers and the DFS benefitted financially from the case.
The two young lawyers that the lady hired did an outstanding job of collecting evidence and putting their case together. Meanwhile the State Prosecutor became Governor of the State and substitute prosecutor attorneys stepped in and continued to follow the doctrine of SBS.
Finally the system allowed the case to be brought before a jury in another city. The State presented their case with their expert witnesses, citing the staid presentation to a jury of honest God fearing people. The defense lawyers then began their defense by describing the scene of the "crime." Then they began to call actual individuals who were real witnesses to the character of the charged. One medical expert professional witness proved why a SBS victim would actually have other injuries. The case was turned over to the impartial jury and in a very few minutes, that jury returned a verdict of "Not Guilty"
After the judge had dismissed the courtroom I approached the lady's lawyers to thank them for a job well done, one of them looked me straight in the eyes and said, "It was you folks' prayers that won this case."