Shaken baby syndrome on trial: Judges to re-examine homicide conviction 

The Age

By Chris Vedelago 

Republished 5/9/2021

 Victoria’s highest court has flagged serious concerns about the scientific diagnosis known as “shaken baby syndrome”, which has been used to prosecute and jail a number of young men for child homicide and abuse in recent years. 

The Court of Appeal has ordered a hearing into the reliability of the 50-year-old forensic theory as part of an appeal by Jesse Vinaccia, 28, who was jailed in 2019 for killing his girlfriend’s 3½- month-old son. 

 Joby Rowe, Jesse Vinaccia and Jesse Harvey have launched appeals that will test the science underpinning shaken baby syndrome.

The outcome could have major repercussions nationwide for past convictions for childhomicide and assault — as well as child protection proceedings — where experts have relied onthe diagnosis as a basis for prosecutions or other action.

The Age is aware of at least two ongoing criminal prosecutions in Victoria that are now likely tobe delayed until the Court of Appeal makes a ruling that might ultimately affect the outcome ofthose cases.

At the centre of the controversy are findings by some forensic experts that an infant must havedied as a result of violent shaking if an autopsy reveals a “triad” of internal head injuries –bleeding in the brain, retinal haemorrhage and swelling of the brain – even where there are noexternal injuries such as bruises, cuts or broken bones or a known history of abuse.

Other scientists say the same symptoms of the triad can be a result of non-violent medicalcauses, including complications of otherwise silent birth-related head injuries, geneticconditions, infections and bleeding disorders.

The “triad-only” diagnosis has become controversial internationally but remains widelyaccepted by Australian law enforcement, forensic specialists and child-abuse experts.

The issue also raises broader questions about the way scientific evidence is used in courts, withformer prosecutors, judges and legal experts saying they are concerned that the use of disputedor untested forensic and medical opinions risks causing miscarriages of justice because of theway juries understand scientific evidence.

In 2020, Vinaccia became the first person to file an appeal challenging his shaken babysyndrome conviction, in part, on the basis the science is fundamentally flawed. Vinaccia hadbeen found guilty of killing his girlfriend’s son, Kaleb, following forensic testimony the babyshowed clear signs it had been shaken, even though experts were unable to substantiate exactlyhow the abuse occurred.

The prosecution also relied on statements from Vinaccia that he might have put Kaleb into hiscot “pretty rough” and his treatment could have been “a bit bouncy and stuff” as evidence hehad shaken the boy. There were no physical signs of abuse apart from the presence of the triad.21/08/2021 Shaken baby syndrome on trial: Judges to re-examine homicide conviction. 

 Vinaccia’s appeal claims the confession was unreliable, the conviction was unsupported bymedical evidence confirming shaking was the cause of the fatal injuries, and that police andexperts failed to consider that the injuries could be accounted for by Kaleb’s pre-existingmedical condition, which had previously led to him being hospitalised with swelling in hisbrain.

During an earlier hearing, before the court granted the appeal, Justice Chris Maxwell said thatfor the Vinaccia case, the “real field of battle is the forensic evidence field” and there was apotential “public interest question” that could be answered about the reliability of the shakenbaby theory.

“Is this something that the Court of Appeal will have to wrestle with sooner or later, or shouldwrestle with in the interests of the integrity of the criminal justice system or public confidencein it, or some combination of those things?” Justice Maxwell asked in June.

The green light for the appeal comes after The Age revealed earlier this year that two ofVictoria’s top forensic scientists held serious concerns about the reliability of the shaken babydiagnosis and its use in criminal proceedings.

The Victorian Institute of Forensic Medicine’s director, Professor David Ranson, and the headof the forensic pathology department, Dr Linda Iles, warned that “triad-only” cases were riskybecause the evidence of abuse was only “indirect” and therefore weak.

“That reliance on a single piece of evidence is always dangerous. Whether you like the triadissues or don’t like the triad issues, it’s not the be-all and the end-all. It behoves the entirelegal system to say giving weight and relying solely on a single piece of evidence is incrediblydangerous,” Professor Ranson told The Age and The Sydney Morning Herald in May.

Dr Iles is one of the experts called by the prosecution to testify at Vinaccia’s trial who will nowbe re-called as part of the Court of Appeal’s review of the evidence.21/08/2021 Shaken baby syndrome on trial: Judges to re-examine homicide. 

 Another is Dr Jo Tully, the deputy director of the Victorian Forensic Paediatric Medical Serviceat the Royal Children’s and Monash Children’s hospitals, whose evidence has been central tomany prosecutions for shaken baby syndrome and child protection actions. She has previouslycharacterised criticism of the evidence for shaken baby syndrome as coming from “non-believers”.

The Court of Appeal also heard that two other appeals against convictions for child homicideand assault have been filed by the same lawyers representing Vinaccia.

Joby Rowe was found guilty of child homicide in 2018 over the death of his three-month-olddaughter, Alanah. “Violent shaking with or without impact on a soft surface” was found to bethe cause of death based on her internal injuries, with experts testifying there was no other“reasonable explanation”. Rowe denied mistreating the child.

Jesse Harvey was convicted of recklessly causing serious injury to his seven-week-old son,Casey, in 2019. He claimed he did not shake or hit Casey, but said the baby bumped his head onthe edge of a couch as Harvey sat down. The medical evidence held the child’s internal injurieswere equivalent to a 10-metre fall or high-velocity motor vehicle collision.

 Support is available from the National Sexual Assault, Domestic Family ViolenceCounselling Service at 1800RESPECT (1800 737 732).



Rugby players’ brains affected in single season, study suggests

The Guardian
Lucy Campbell
1/9/2010 

A single season of professional rugby could be enough to cause a decline in a player’s blood flow to the brain and cognitive function, according to a study.

The research, reported by the BBC, also suggests that repetitive contact events, rather than only concussions, incurred through rugby caused the declines seen in the players.

Researchers from the University of South Wales followed a professional team playing in the United Rugby Championship over the course of a season, testing the players pre-season, mid-season and post-season.

The peer-reviewed study, which will be published on Wednesday in the Journal of Experimental Physiology, found that over the season the squad experienced reduced blood flow to the brain and cognitive function – the ability to reason, remember, formulate ideas and perform mental gymnastics.

University of South Wales research finds professional squad suffered decline in cognitive function

A single season of professional rugby could be enough to cause a decline in a player’s blood flow to the brain and cognitive function, according to a study.

The research, reported by the BBC, also suggests that repetitive contact events, rather than only concussions, incurred through rugby caused the declines seen in the players.

Researchers from the University of South Wales followed a professional team playing in the United Rugby Championship over the course of a season, testing the players pre-season, mid-season and post-season.

The peer-reviewed study, which will be published on Wednesday in the Journal of Experimental Physiology, found that over the season the squad experienced reduced blood flow to the brain and cognitive function – the ability to reason, remember, formulate ideas and perform mental gymnastics.

 


Murder charges laid after boy, 16, dies following alleged bashing

 The Sydney Morning Herald

By Carrie Fellner

August 7, 2021 — 3.48pm

Five teenagers have been charged with murder after a 16-year-old boy died in a western Sydney hospital on Saturday.

The boy was found unconscious, with head and chest injuries, after he was allegedly assaulted by the group at a home on Perigee Close in Doonside on Wednesday evening.

The boy was taken to Westmead Hospital in a critical condition but succumbed to his injuries on Saturday morning.

Police established Strike Force Brens to investigate and charged two boys - aged 13 and 15 - and a girl, 15, in the hours after the alleged bashing.

A further two boys - aged 13 and 14 - were arrested at Ermington on Thursday afternoon following further inquiries.

All five teenagers have now been charged with murder, along with causing grievous bodily harm to a person with intent and detaining in company with intent to get advantage occasioning actual bodily harm.

They have appeared in children’s court and were formally refused bail to reappear on Friday, August 13.

Investigations are continuing.



  1. Critique of baby shaking prosecutions raises troubling response
  2. Decoding 'the Most Complex Object in the Universe'
  3. Jockey Lorna Brooke dies after fall at Taunton racecourse early in April
  4. Man dies after freak accident at Portarlington Golf Club
  5. AFL brain disease cases ‘tip of the iceberg’: US expert
  6. Bill for veterans' mental health care reaches $241m with 20,000 in rehab
  7. Jail for father who continued gaming after fatally injuring baby son
  8. VA unlawfully turned away vulnerable veterans for decades, study says, with 400,000 more at risk
  9. Brain Injuries Are Common in Battle. The Military Has No Reliable Test for Them.
  10. Fifty US troops left with brain injuries after Iranian rocket attack
  11. This Helmet Will Save Football. Actually, Probably Not.
  12. British man found guilty of Australian Amy Parsons' murder in London
  13. My once-vibrant husband died of ALS, and my complicated grief is deep
  14. Program to Prevent Suicide by Veterans Earns Bipartisan Support
  15. Sporty teens with concussions are three times more likely to be depressed
  16. Just one season of playing football—even without a concussion—can cause brain damage
  17. Startups fighting a 'bulletproof' mentality in men's health
  18. 'His personality changed': Michael Hutchence's sister on his traumatic brain injury
  19. Toddler suffers 'catastrophic brain injury' in alleged beating
  20. Cyclist, 70, left with head and spinal injuries after being hit by car
  21. 'Choked to the point of brain damage': Ice scourge fuels domestic violence
  22. Mass Murderer Possible undiagnosed brain damage
  23. Savage attack in Melbourne's north leaves tourist with bleeding to the brain, broken jaw
  24. Link between concussion and brain damage to ensure AFL debate rages
  25. Sports commentator Billy J Smith dies after a fall
  26. Surgeon killer could be first to get10-year term under one-punch laws
  27. Liam Neeson's nephew Ronan Sexton dies, years after serious fall
  28. Toddler burnt with lighter and hit every day in lead-up to her death, court told
  29. Patron filmed unconscious, held around neck as guard evicts him from hotel
  30. FA Cup set to introduce concussion substitute trial this season
  31. Teen fighting for life after Healesville car park brawl
  32. Police discover critically injured man at Logan Village address
  33. 'Don't ask me for compassion': Angry Anderson has not forgiven his son's killer
  34. Brain Injuries Remain Undiagnosed in Thousands of Soldiers
  35. Man dies in hospital after falling to punch in Fortitude Valley
  36. Maradona to be discharged within days, says doctor
  37. Cricket bat bashing victim fights for life after Ballajura pub brawl
  38. Diego Maradona, World Cup-winning football superstar, set to undergo brain surgery
  39. 'Country footy is way behind': The missing concussion discussion in local level Aussie Rules
  40. Autistic girls going undiagnosed due to ‘camouflaging’ behaviour, study says
  41. Lisa Montgomery to be first female federal inmate executed in 67 years
  42. Man dies after being shoved to the ground in New York mask altercatio
  43. Thomas had a rare brain cancer and no good options. Then he joined a clinical trial
  44. Nearly One-Third of Covid Patients in Study Had Altered Mental State
  45. Shaun Smith supportive of daughter Amy, signed by AFLW club North Melbourne
  46. Texas residents warned of tap water tainted with brain-eating microbe
  47. 'It's been a big day for me': Smith wants change after $1.4m concussion payout
  48. Damage Assessment
  49. What are CTE and concussion and how do they affect athletes?
  50. Danny Frawley was suffering from chronic brain disease when he died
  51. Elon Musk unveils brain computer implanted in pigs
  52. Portland truck driver apparently kicked unconscious as unrest continues
  53. Treatment for aggressive brain cancer shows promise in early trial
  54. Four-year-old injured after motorbike crashes through barriers at Sydney race
  55. 'Dangerous behaviour': Horror crash in sprint to finish leaves rider fighting for life
  56. Father charged with murder over death of six-month-old baby Beau
  57. Sickening Michael Chee Kam concussion overshadows gritty Eels win
  58. We asked veterans to respond to The Post’s reporting on Clint Lorance and his platoon. Here’s what they said.
  59. Doctors find brain issues linked to Covid-19 patients – study
  60. Widow of heart surgeon killed in one-punch attack sues Melbourne hospital
  61. Crowdfunding raises £30,000 for veteran's brain tumour surgery
  62. Boy in critical condition after fall at Sydney primary school
  63. 'I began to wonder if I would be better off ending my life': The invisible war wounds
  64. VA unlawfully turned away vulnerable veterans for decades, study says, with 400,000 more at risk
  65. Brain wiring could be behind learning difficulties, say experts
  66. Concussion: there's no knockout answer
  67. CTE discovered in Polly Farmer's brain in AFL-first
  68. Six-week-old baby nearly killed in ice-fuelled attack, court told
  69. Former hard man Ron Gibbs' chilling admission as head knocks take toll
  70. An Olympic Hockey Hero, a Violent Crime and the Specter of Brain Trauma
  71. Traumatic brain injury is a signature wound of the wars in Iraq and Afghanistan. But the military still has no objective way of diagnosing it in the field.
  72. More than 100 US troops suffered traumatic brain suffered traumatic brain in Iran strike,to report
  73. Man, 28, fighting for life nearly two weeks after Southbank attack
  74. NRL pledges initial $250,000 for landmark concussion study
  75. Veterans criticize Trump's downplaying of US troops' brain injuries
  76. Trump should apologize for minimizing troops’ injuries, VFW says.
  77. Fifty US troops left with brain injuries after Iranian rocket attack
  78. Can heading a football lead to dementia? The evidence is growing
  79. Mobile phones cause tumours, Italian court rules, in defiance of evidence
  80. Scientists create decoder to turn brain activity into speech
  81. Woman reportedly wakes up from coma after 27 years
  82. Enraged Qld dad who killed toddler jailed
  83. 'We thought it would be wonderful - we didn't know what was to come'
  84. 'We thought it would be wonderful - we didn't know what was to come'
  85. Graham must wake up to dangers of concussion
  86. Footballers focus on concussion, but there are many other risk factors
  87. Ex-AFL player sues club after retiring because of concussion
  88. When will we stop butting heads over sporting concussion?
  89. Why people with brain implants are afraid of automatic doors
  90. Christchurch mosque shooting victim, 4, suffering brain damage
  91. Link between concussion and brain damage to ensure AFL debate rages

Page 4 of 35

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