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Wrongly Convicted Database Record
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Charge: |
Manslaughter |
Sentence: |
9 years |
Years Imprisoned: |
2 |
Year Crime: |
2011 |
Year Convicted: |
2017 |
Year Cleared: |
2021 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Queensland |
City of Crime: |
Townsville |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Nicholas Aaron Baxter was wrongly convicted of manslaughter in 2017 in the death of his six-week-old son Matthew Baxter in Townsville, Queensland, Australia, in 2011. Matthew died on November 6, 2011. The prosecution of Nicholas Baxter was based on the testimony of forensic pathologist Dr David Williams who conducted Matthew's autopsy, and found he sustained a head injury from a "serious assault" - either by a violent shaking or by being thrown down onto a soft and yielding surface. The prosecution emphasized that Baxter was alone with his son before the alleged injury was inflicted. However, the defense expert witness was international radiologist Dr Julie Mack gave evidence the bleeding could have been caused by a genetic disorder. The jury acquitted Baxter of murder, but found him guilty of manslaughter. Baxter was sentenced to nine years in prison. After Baxter's conviction he appealed. In May 2019 the Queensland Court of Appeal overturned Baxter's conviction and ordered a new trial. After a two-week long judge only trial, Justice David North described the prosecution case as circumstantial which failed to "shed light" on what acts caused the Matthew's death. North excluded the expert evidence of related to Matthew's death on the basis their testimony was unreliable because their "opinions rely heavily on falsified assumptions." Without the expert testimony, North said the prosecution's case relied heavily on the fact Baxter was alone with his son before the injury: "The Crown case depends, for proof (beyond reasonable doubt) of a non-accidental act or acts by Mr Baxter. Nevertheless, what caused Matthew's collapse and death remains a matter of speculation." Justice North said the prosecution failed to prove manslaughter and found Baxter not guilty." |
Conviction Caused By: |
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Innocence Proved By: |
"Nicholas Baxter's conviction was overturned on appeal, and after a retrial by a judge only, he was acquitted on April 6, 2021." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
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Skin/Ethnicity: |
White |
Information Source 1: |
"Father accused of killing newborn son acquitted of manslaughter in second trial, By Sally Rafferty, ABC.net.au, April 6, 2021" |
Information Location 1: |
https://www.abc.net.au/news/2021-04-06/qld-former-soldier-acquitted-of-manslaughter-baby-son-townsville/100050846 |
Information Source 2: |
"Qld soldier cleared of killing baby son, Yahoo! News, April 5, 2021" |
Information Location 2: |
https://au.news.yahoo.com/qld-soldier-cleared-killing-baby-043407668.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org