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Wednesday, November 12 1997

Au pair verdict raises legal doubts

Milton Gunn

CAMBRIDGE, MASSACHUSETTS, November 11: Judge Hiller Zobel's decision to reduce British au pair Louise Woodward's conviction of murdering a child in her care to manslaughter, has surprised many attorneys and jurists, who say that even the lesser charge of manslaughter warranted a longer prison sentence than the time Woodward had served.

Others argued her sentence should be lengthened because she never expressed remorse at the infant Matthew's death.

But some legal experts such as David Robinson, professor of criminal law at George Washington University in Washington, said the judge was faced with a no-win case.

``It's a Solomonic decision,'' Robinson said. ``The jury system is not absolute.'' Still, Robinson acknowledged that Zobel's decision might raise legal doubts.

Woodward never expressed remorse for Matthew's death, as from the defence perspective, she cannot, if she plans to maintain innocence and continue to appeal her conviction.

But Zobel found her guilty in causing his death -- only to hand her the lightest possible punishment.

Legal experts said the judge's ruling was likely to stand, pointing out that appellate courts are reluctant to second-guess courtroom judges.

David Rossman, a professor of criminal law at Boston University, said the likelihood was ``next to none'' that an appellate court would agree with the prosecution's contention that Zobel overstepped his authority.

Woodward cannot leave Massachusetts -- much less return to her native Britain -- while the prosecution appeals the sentence, the judge ruled.

In a brief statement to the judge at the sentencing hearing, the teenager calmly reiterated her plea of innocence.

``I just wanted to say what I said at the last sentencing hearing, that I'm innocent,'' Woodward said.

The young woman's parents nodded slightly when their daughter spoke, as they sat huddled in the same courtroom seats where they had watched their daughter two weeks ago be sentenced to life behind bars.

Sunil and Debbie Eappen, Matthew's parents, were not present at Monday's proceedings.

Rossman added the judge's light sentence suggested that he believed much of the evidence presented by defence experts during trial.

The 19-year-old Woodward, who received a mandatory life sentence after a jury found her guilty for the death of an eight-month-old baby (of Indian origin) in her care, now faces a sentence of no more than 20 years.

In some quarters, the decision was as controversial as the jury verdict it intended to correct.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.

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