Judge: Condemned woman should have verdict nixed

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Associated Press

Posted on May 23, 2012 at 4:50 PM

Updated Thursday, May 24 at 8:33 AM

DALLAS (AP) — The judge in the case of a Central Texas woman condemned in the death of an infant she was baby-sitting now wants her conviction vacated.

Cathy Lynn Henderson was convicted in 1995 of killing 3-month-old Brandon Baugh. The 55-year-old Henderson is one of nine women on Texas' death row.

Henderson contended Brandon died accidentally when she dropped him. Dr. Roberto Bayardo, then the chief medical examiner in Travis County, disputed that contention. He testified the boy's injuries could only have been caused by a fatal blow.

Bayardo changed his mind later, however, and now says he can no longer be sure Brandon's death was intentional.

In findings issued this month, state District Judge Jon Wisser says no reasonable juror would convict her in light of that change.

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