Prosecutors yesterday appealed a judge's decision which reduced the verdict of the British au pair, Ms Louise Woodward (19), convicted in the death of a baby in her care. The appeal to the Massachusetts Supreme Judicial Court, which had been expected, argues that Judge Hiller Zobel of the Superior Court was wrong when he lessened the conviction of Ms Woodward from second-degree murder to involuntary manslaughter for killing nine-month-old Matthew Eappen. Judge Zobel's decision meant he was able to cut Ms Woodward's sentence to the 279 days she already had spent in prison. However, she was ordered to remain in Massachusetts until the legal proceedings are completed.
Prosecutors said Ms Woodward fatally shook the baby out of frustration with her job, and slammed his head into a hard object. He died five days later.
Her defence lawyers said the injuries were pre-existing.
The judge decided Ms Wood ward, from Elton, Cheshire, "was a little rough with" the baby when she was left alone with him that day, out of confusion, inexperience, frustration, immaturity and some anger, but not malice.
Her defence lawyers have also said they would appeal. Court officials said the hearing, before a single judge, is tentatively scheduled for next Wednesday, December 3rd.
