The Irish nanny accused of murdering a baby girl in her care in January 2013 has been released on bail of $15,000 (€13,400) leaving a US jail for the first time in almost two and a half years.
Judge Maureen Hogan, sitting in Middlesex County Superior Court near Boston, granted bail, down from $500,000 previously, on the condition that Ms McCarthy wear a GPS electronic bracelet 24 hours-a-day monitoring her movements and is confined to her home.
The judge granted the bail, the fourth attempt by the Co Cavan nanny to seek her temporary release by the Massachusetts court pending trial, after US immigration officers promised not to deport the Irish woman who has been living illegally in the United States for more than a decade.
They agreed to “stand down” an order deporting her because she will remain in state custody wearing the electronic ankle bracelet.
Ms McCarthy will surrender her passport and sign a waiver of extradition as part of her release ahead of her murder trial, which may start in July depending on the availability of witnesses.
The Irish woman (36) is accusing of murdering one-year-old Rehma Sabir who died on January 16th, 2013, two days after being found unconscious in her cot while in the care of the Irish woman.
Ms McCarthy, who denies attacking the infant at the baby’s home in Cambridge, Massachusetts, sobbed as her request bail was granted.
She left the court with her husband and other family members in a black SUV through the rear of the building, evading waiting reporters.
Her lawyer Melinda Thompson told the media afterwards that her client was "completely relieved to be out of jail."
Judge Hogan said there had been “several developments” since she was charged two years ago which affect the prosecution’s case.
The decision of the state’s chief medical examiner to carry out a “complete review and reconsideration” of all evidence, expected to take 30 days, was “a rare and significant occurrence,” she said.
Two prosecution expert witnesses now say injuries to the child, originally alleged to have caused her death, occurred between two and seven weeks earlier when the infant was not in Ms McCarthy’s care.
Prosecutors claimed that the Irish Government would try to sneak the Irish woman back to Ireland if reduced bail was granted. Assistant District Attorney Joe Gentile warned that it was "extremely difficult" to extradite someone from Ireland.
Ms McCarthy’s attorney told the court that the claim was “baseless” and “absolutely ludicrous.”
“There is absolutely no reason to believe that the Irish Government is trying to sneak Ms McCarthy out or that she wants to get out,” Ms Thompson told reporters. “She is not going anywhere.”
The case returns to court on May 19th.