Woodward prosecution files appeal against judge

It has been two weeks since Judge Hiller Zobel made history and headlines around the globe by reducing the sentence on British au pair Louise Woodward and setting her free. Yesterday, however, the prosecution struck back with an appeal accompanied by a blistering attack on the judge.examines it.

The prosecution in the case of British au pair Louise Woodward finally acted yesterday to seek to reverse the extraordinary events of two weeks ago when trial judge Hiller Zobel slashed the conviction delivered by her jury from murder to manslaughter and released her on time served.

In a motion filed with the state of Massachusetts' highest court, the prosecution requested an emergency stay on the judge's decision. It urged the court either to throw out the judge's decision or, at least, to push Judge Zobel out of the picture and take up consideration of a reduced verdict itself.

A hearing on the request for a stay is set for next Wednesday. If it is granted, it would ensure the return of Woodward to prison. Most experts expect it be thrown out however. In that instance, the prosecution would file an appeal proper which could take one or two years to be heard.

The request, contained in nearly 50 pages released yesterday, was framed by a long and searing indictment of Judge Zobel and of his motives. It suggested in particular that by setting her free, he had "in effect, treated the defendant as though she had been acquitted". It accuses him of "abusing the broad discretion" that is given to the courts in the state exceptionally to reduce sentences to correct miscarriages of justice.

More gravely, the motion accuses Judge Zobel of negating the system of justice itself. "If this judge could arrive at this result upon these facts, then every trial judge would have the power to nullify the law," it argues. His decision "undermines the very foundation of our criminal justice system. There is no need for a jury system if the verdict of 12 unanimous citizens may be overturned by a judge."

After a four-week trial, Woodward was initially found guilty of murder in the second degree for the death last February of Matthew Eappen, the eight-month-old child of Deborah and Sunil Eappen for whom she had been working. It was 10 days later that Judge Zobel lowered that sentence to manslaughter and declared that she could walk free on the time already served of 279 days.

There was some light in yesterday's motion for Woodward. She is currently under orders to remain in Massachusetts pending all appeals in her case. However, the prosecution conceded that the state has no power to ask her to remain in the state.

In recent days, Woodward has left the hotel in which she took refuge after Judge Zobel's ruling and moved to the home of one of her lawyers. She has also begun part-time clerical work in her defence team's office.