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Woodward launches new challenge

David Usborne
Friday 12 June 1998 23:02 BST
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IN A MANOEUVRE that could further delay a resolution of the Louise Woodward murder case, her defence team has again challenged the results of the post-mortem performed on baby Matthew Eappen.

A motion filed with the Massachusetts Supreme Judicial Court demands the release of information about the professional history of the coroner who conducted the examination, Dr Gerald Feigin. He resigned from the medical examiner's office in May and is now working in New Jersey.

Dr Feigin is under a cloud because of revelations that he may have bungled an earlier manslaughter case, in which a teacher died after being assaulted by a student. New evidence suggests the crime was labelled as manslaughter incorrectly. The charges against the boy are under review.

Dr Feigin ruled that the teacher, David McHugh, had died from the blows. Subsequently, another examiner ascertained that the teacher had had a heart condition that could have caused his death.

The testimony of Dr Feigin in Woodward's 1997 trial was pivotal to the prosecution's contention that Matthew Eappen died because of a two-and- a-half-inch skull fracture caused by shaking and battering inflicted by the defendant. The defence contends that the injury was weeks old.

In its motion, the defence argues that had they been conducted on the boy, similar microscopic tests would have uncovered information to exonerate Woodward. It asks the court to release all information regarding the McHugh case.

Woodward was convicted of second-degree murder last October but two weeks later the judge reduced the verdict to manslaughter and freed her.

Seven Supreme Justices have been weighing appeals in the case since a hearing in early March and had been expected to rule in the next few weeks. An option would be to call for a re-trial.

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