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In a ruling released on the Internet, Judge Hiller Zobel reduced Louise Woodward's conviction to involuntary manslaughter. Then, in a sentencing hearing hours after his ruling, Judge Zobel freed Woodward: he sentenced her to 279 days in jail, but the au pair had already served that time in prison since this past February. So, Judge Zobel sentenced Woodward to the time she had already served for the death of Matthew Eappen.
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Nov. 10: After reducing her conviction, Judge Hiller Zobel sentences au pair Louise Woodward
to the time she has already served for the death of Matthew Eappen. |
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"In rendering this decision, I do not denigrate Matthew Eappen's death or his family's grief," Judge Zobel said.
The prosecution, which had recommended that Woodward serve no more than 20 years in prison but no less than 15 years, immediately filed a motion appealing the judge's decision. When Woodward will actually return to her home in England is unclear, pending the outcome of the prosecution's motion.
"A judge is a public servant who must follow his conscience," Judge Zobel wrote in his decision reducing Woodward's conviction. Zobel also stressed that his decision was not a criticism of the jurors who originally convicted Woodward of second-degree murder on October 30.
During sentencing, prosecutor Gerard Leone, Jr. pointed out that through the initial conviction for second-degree murder and her subsequent conviction reduction to manslaughter, the court found Woodward responsible for Matthew Eappen's death twice. "Despite the court's finding of her (Woodward's) guilt, the defendant has refused to accept guilt and responsibility for Matthew Eappen's death," Leone said. "She has not expressed any remorse for the killing of Matthew. This has left the Eappens [parents Sunil and Deborah Eappen] searching for answers. Why did their baby boy die? How long or how did their baby boy suffer?" (Leone explained to Judge Zobel that because of the short notice of the sentencing, Sunil and Deborah Eappen were unable to attend the hearing.)
With that, Leone proceeded to recommend that Woodward receive no more than the state maximum of 20 years in prison but no less than 15 years.
Woodward's attorney, Andrew Good, responded to the prosecution's argument by saying that his client has a constitutional right to maintain her innocence and this should not affect her sentence. Louise Woodward then addressed the court:
"I would just like to maintain what I said in my statement during my previous sentencing," Woodward said. "I maintain my innocence."
In rendering his decision, Judge Zobel explained to Woodward that her passport would be taken away from her and not returned. After the sentencing, defense attorney Barry Scheck said, "Matthew Eappen's dead, and nothing's going to change that. It's a sad day for all of us here. We [Woodward and her defense team] have great respect for his [Judge Zobel's] decision and the courage he displayed today."
"We have great sympathy for the Eappens," Scheck continued. "And we have thought that the criticism leveled against them [for being working parents and allegedly not paying enough attention to Matthew Eappen's care] has been unfair."
Despite the sentence, Woodward's attorneys announced during a post-sentencing press conference that they plan to appeal her conviction. Middlesex District Attorney Thomas Reilly said that there was no justice for Matthew Eappen or his parents in the sentencing.
"There are no words to describe what happened in the courtroom today," Reilly said. "It is almost beyond belief. I'm sickened by what happened. I'm saddened by what happened."
Prosecutor Leone said that Judge Zobel's sentence did not warrant much attention or comment. However, Leone said that one of the most difficult things he has had to do while handling the case was "try to tell the Eappens how a jury and a judge can find Louise Woodward guilty of killing their baby boy and then set her free after she served about the same amount of time [279 days] that Matthew Eappen was alive."
The prosecution vowed to continue to pursue justice for the Eappens.
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