Court clears nanny of child abuse raps

A Nepalese woman who stood trial on child abuse charges was absolved from the alleged wrongdoing yesterday, as Superior Court Associate Judge Virginia Sablan-Onerheim rendered a not guilty verdict in the absence of substantial evidence.

In a decision entered after a two-day bench trial, Ms. Onerheim qualified the government’s case against defendant Manju Pandey lacking in strength despite a recorded video footage of the alleged abuse caught on tape.

According to the judge, the video tape did not link any of the alleged bruises sustained by the victim to the defendant’s conduct, as shown in the visual evidence produced by the government.

Testimonies of two expert witnesses who objectively interpreted actions of the defendant on video as she cared for the child also added weight to the defense’ case against the government.

Both witnesses labeled Ms. Manju’s actions as reasonable. The video admitted to the court as evidence showed the defendant trying to bottle-feed a “fussy” baby who resisted to taking the milk.

The judge also expressed sympathy to the child’s family, in the ordeal they went through for the past 14 months, as both defense and prosecution panels prepared to launch the trial.

“You are good parents. You did everything you could to ensure the health and safety of your child. I hope every parent in the Commonwealth will follow your example,” Ms. Onerheim told the child’s parents.

Yesterday’s bench trial concluded with the testimony from the infant’s attending physician, Dr. Francois Claassens, an emergency room doctor at the Commonwealth Health Center.

The medical doctor attested earlier findings recorded on an emergency medical chart that after thoroughly examining the child last March 2000, she appeared to be relaxed and active, with no obvious signs of injury.

The expert claimed he was not able to detect any new or old injuries from the child or other findings that would constitute as possible child abuse.

Dr. Claassens also affirmed a testimony delivered by psychiatrist Dr. Laura Post, that the bruises sustained by child on her nasal bridge could not have been due to the fall she took when she landed on the futon.

In her testimony Monday, Dr. Post testified of her “perceptions” about the defendant’s actions on tape, which she qualified as “deliberate” behavior on the part of Ms. Pandey.

Emergency records provided by the hospital when the baby was admitted for evaluation last year showed that the infant sustained no obvious injuries, except for slight bruises across her nasal bridge.

The final diagnosis, as Dr. Post read through the file, revealed that the child was healthy and that no signs of significant injuries were detected.

By examining the records alone, the expert said she would not have felt the obligation to report to authorities that the case was possibly child abuse.

Based on expert testimonies and other evidence, the court acquitted Ms. Pandey from child abuse violations.