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Convicted Child Killer Cathy Lynn Henderson Granted New Trial
A Travis County woman given the death penalty for the murder of an infant in 1994 will get a new trial.
The Texas Court of Criminal Appeals ordered the new trial for Cathy Lynn Henderson. A Travis County jury convicted her in the death of three-month-old Brandon Baugh.
Henderson was babysitting for Brandon and his sister. During her trial, she said she accidentally dropped the baby; he hit his head and died. Henderson said she panicked, buried him near Waco and fled to Missouri.
In the original trial, the Travis County Medical Examiner said the baby’s injuries could not have happened from an accidental fall.
But during a recent evidentiary hearing, Dr. Roberto Bayardo said, he now believes that there is no way to determine with a reasonable degree of medical certainty whether Brandon’s injuries resulted from an intentional act of abuse or an accidental fall.”
Last May, Travis County District Judge Jon Wisser recommended Henderson get a new trial.
The Court of Criminal Appeals, the state’s highest criminal court, accepted the lower court’s decision to grant a new trial.
Travis County District Attorney Rosemary Lehmberg said Wednesday she agrees with the court’s decision.
“I believe justice requires that a new jury hear the case, which was the position I took with the appellate court. We will try the case again. I will review all the evidence at the trial and at the subsequent hearings to determine whether the State will again seek the death penalty,” she said.
(Photo from savecathyhenderson.org)