An Irish nanny named Aisling Brady McCarthy was held without bail last week after she was arraigned in Boston on a charge of murder in the first degree. She also was charged with assault and battery, with both charges regarding the deal of a one year old child who was in her care in January of this year.


The judge, Thomas Billings at the Middlesex County Superior Court would not release the woman on $5000 bail, due to the serious nature of the charges against her, and also because she is a foreign national with ties overseas. There was a fear that she would try to flee the US and return to Ireland.


The defendant, who was emotionally distraught during the hearing, lived in the US for 13 years and was working illegally as a nanny. She appeared in court in Woburn, Massachusetts.


The defendant is 34 years-old and she currently lives in Quincy. She pleaded not guilty to both charges. She spoke only three times during the court hearing, which lasted about one hour.


She was asked by a clerk of court how she pleads on the two charges. The woman said, crying, ‘not guilty.’ She also hid from the view of people in the public gallery in a holding area for defendants.


The defense lawyer for the nanny stated that McCarthy is not guilty of the crime. She said that while the case is a homicide, the wrong person was charged. It is not clear at this time who the defense argues committed the murder.


According to the prosecution, McCarthy is a flight risk and that if she was able to return to Ireland, the state of Massachusetts would have a difficult time getting her back into the US. Ireland will not extradite the accused for a capital offense. The defense argued that if she was released on bail, her client would wear a GPS bracelet and that she would promise to stay in the US and would answer on all charges. However the judge would not release her on bail.


The prosecutor noted during the hearing that the injuries to the baby were so severe that there was nothing the doctor could do at the hospital to prevent her death. According to court reports, on Jan. 14, which was the baby’s first birthday, McCarthy shook the baby violently and may have bounced her head off of a table and a wall. Apparently, the baby was having separation anxiety from her mother, who had recently gone back to work.


There were some questions before the tragedy about how well McCarthy was caring for the child. On the day before, the baby’s family was coming in from outside the US to celebrate the child’s birthday. McCarthy was told to have the baby home early in the morning, but she did not bring her back until the afternoon. Also, the mother talked to her about feeding her better.


On Jan. 14, the mother left the baby with McCarthy and said that she was normal and healthy. During the day, neighbors reported that the baby was screaming much of the day. McCarthy said when the grandparents came by that the baby was asleep. However, she was still in the crib at 4:30 when they came back. The mother came home at that time and no one was able to wake the child.


At the hospital, it was found that the baby had brain herniation that was caused probably by the head hitting another hard surface. She also had three compression fractures in her spine. Her rear also was bruised. She was declared legally brain dead 48 hours later.


Damage was found to a wall near the changing table and plaster bits were on the floor. Blood also was found on the baby’s pillow.


This article was provided by Geoffrey G Nathan Law Offices in Boston.