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Judge Hiller Zobel will reveal Louise Woodward's fate on a later date---and through the Internet.
The announcement came at the conclusion of a motions hearing in which Woodward's defense tried to convince Judge Zobel to do one of three things: (1) set aside the verdict and dismiss the case; (2) set aside the verdict and hold a new trial; or (3) reduce the charge to manslaughter. (The judge could also uphold Woodward's conviction of second-degree murder.) Judge Zobel said that he would release his decision over the Internet so that the Middlesex County Courthouse would not be bombarded with phone inquiries from the media. However, a web address and a date of release for Judge Zobel's decision was not announced.
During the hearing, defense attorney Barry Scheck argued that the prosecution's failure to present the defense team with a previously undisclosed autopsy picture of Matthew Eappen's fractured skull earlier during the trial hurt Woodward's case. (The picture was not presented to the defense until October 24, the day after Woodward's first day on the witness stand. The defense was not able to have forensic expert Michael Baden testify about the picture until October 27.) Scheck said that the picture was vital to the outcome of the trial. He claimed that if he had had the photo earlier in the trial, he could have used it to further discredit prosecution expert Dr. Gerald Feigen's testimony regarding subdural hematomas and Matthew's skull fracture.
"This photo, on its face, is outcome determinant and casts reasonable doubt alone," Scheck said. "It is the basis of an acquittal."
Woodward's other defense attorney, Harvey Silverglate, argued that the facts of the case fit a manslaughter charge instead of a murder charge. Silverglate told Judge Zobel that the defense did not seek to have the jury consider manslaughter charges against Woodward because the prosecution overcharged his client. The defense, Silverglate claimed, did not think the jury would be able to compromise and convict Woodward on manslaughter charges.
Prosecutor Gerard Leone, Jr. responded to the defense's arguments by reminding Judge Zobel that the Woodward was given the chance just before deliberations to have the jury consider additional manslaughter charges against her. However, Woodward refused, and the jury considered murder charges only against her. Therefore, Leone argued, the defense and Woodward must live with that decision. Regarding the late disclosure of the autopsy photo, prosecutor Martha Coakley said that the defense had a chance to recall Dr. Feigen to the stand to question him about the picture. However, Coakley said, defense attorneys failed to do so, and their argument has no basis.
Decision Watch--November 5
Judge Hiller Zobel announced that he will not make a decision today on Louise Woodward's defense motions to set aside her conviction for second-degree murder. Judge Zobel confirmed that he will be releasing his decision no earlier than Monday, November 10 on the Internet to 12 different media organizations. Court TV will be among the websites carrying Judge Zobel's decision.
Find out Louise Woodward's fate when Judge Zobel renders his decision at www.courttv.com.
Read updates from Oct. 7 - 10
Read updates from Oct. 14 -17
Read updates from Oct. 20 -23
Read updates from Oct. 27 -31
Read the Background to this case
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