{"id":1598,"date":"2026-08-22T14:35:49","date_gmt":"2026-08-22T14:35:49","guid":{"rendered":"https:\/\/smartmovinghome.com\/?p=1598"},"modified":"2026-08-22T14:35:49","modified_gmt":"2026-08-22T14:35:49","slug":"shaken-baby-syndrome-has-been-largely-debunked-courts-are-still-catching-up","status":"publish","type":"post","link":"https:\/\/smartmovinghome.com\/?p=1598","title":{"rendered":"Shaken Baby Syndrome Has Been Largely Debunked. Courts Are Still Catching Up."},"content":{"rendered":"
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By the time Mason Tucker Smith was 2 years old, his mother, Mary Katherine Smith, had taken him to the doctor dozens of times. <\/p>\n

Tucker had frequent ear infections, high fevers, and episodes of vomiting. On at least six occasions, he had seizures, but the doctors repeatedly reassured his mother, who goes by Katie, that these were benign \u201cbreath-holding spells\u201d that would resolve on their own. <\/p>\n

On the day of his collapse, July 30, 2014, Tucker had another seizure while Katie\u2019s housemate, Jeremy Kitchens, was watching him in their bedroom and Katie was making dinner, according to her statement to the police.<\/p>\n

As she approached the bedroom door, she heard a \u201cthud.\u201d Katie entered the room and Kitchens told her that Tucker was having another \u201cepisode.\u201d Katie told police that she found Tucker unconscious on the ground. Believing that this was another breath-holding episode, she picked him up and put him on the bed. She left him in Kitchens\u2019s care while she drove her daughter to meet a friend. While she was gone, Tucker vomited. <\/p>\n

She returned to the house about 20 minutes later and checked Tucker\u2019s oxygen level. When it began to drop, she called 911 and attempted to resuscitate him.<\/p>\n

At the hospital, a physician concluded Tucker had been shaken. He was declared dead on August 2 and Katie was charged with his murder. <\/p>\n

Two years later, Katie went to trial in Richmond County, Georgia, and was found guilty. The judge sentenced her to life in prison.<\/p>\n

Shaken baby syndrome (SBS), also known as abusive head trauma (AHT), has been largely debunked, with one New Jersey judge calling it \u201cakin to \u2018junk science.\u2019\u201d While some courts have started to take a more critical look at SBS\/AHT cases, prosecutions have continued and many people are still fighting their convictions. <\/p>\n

The so-called triad of symptoms associated with SBS\/AHT \u2014 bleeding around the eyes, bleeding between the skull and brain, and brain swelling \u2014 can be caused by strokes, short-distance falls, seizures, and disease, among other things. <\/p>\n

Katie\u2019s attorneys with the Southern Center for Human Rights say their investigation has revealed that she was convicted of a crime that never occurred. <\/p>\n

Experts retained by her legal team \u2014 a neurologist and a forensic pathologist \u2014 have concluded that Tucker died of undiagnosed epilepsy, which was caused by an undetected arteriovenous malformation (AVM) in his brain. AVM is a life-threatening condition that typically develops in utero, in which a person has abnormally tangled blood vessels that disrupt blood flow, deprive tissue of oxygen, and face risk of rupture.<\/p>\n

Forty-four people have been exonerated in SBS\/AHT cases, according to the National Registry of Exonerations. <\/p>\n

Katie\u2019s attorneys have filed a motion for a new trial and, on August 24, they will present their new evidence before the Superior Court of Richmond County. The Augusta District Attorney\u2019s Office is opposing Katie\u2019s petition. The office did not respond to emails or calls seeking comment. <\/p>\n

\u201cTucker\u2019s death was a tragedy, not a crime,\u201d Katie\u2019s lawyers wrote in their motion. \u201cTucker was sick from birth, and was living with an undiagnosed and untreated deadly brain condition.\u201d<\/p>\n

Tucker\u2019s Medical Records<\/strong><\/h2>\n

Truthout <\/em>reviewed Tucker\u2019s medical records, which total about 278 pages. They reveal that Katie took him to the pediatrician more than 25 times, in addition to visits to specialists and the emergency room. <\/p>\n

The physicians reassured Katie that Tucker was a healthy child. They told her that when he became upset he held his breath until he passed out, but that this was nothing to be concerned about.<\/p>\n

Tucker\u2019s first witnessed seizure occurred at daycare when he was five months old. Katie picked him up from daycare and took him to the pediatrician. <\/p>\n

\u201cPatient was reported to have had eyes roll back and lose consciousness while eating baby food in a highchair (sort of slumped),\u201d the doctor wrote. <\/p>\n

The pediatrician sent him to the hospital for an overnight observation. During the observation, Tucker \u201cate and slept well,\u201d according to the medical records. Katie told the doctor that Tucker\u2019s father, who had died shortly after Tucker\u2019s death, and nephew each had experienced one seizure. The report does not recommend any further evaluation.<\/p>\n

After his second seizure, which also occurred at daycare, his pediatrician referred him for an electroencephalogram (EEG), which measures electrical activity in the brain. The EEG report states that it was normal. <\/p>\n

In her affidavit to the court, defense expert Heather Ravvin McKee, a neurologist who specializes in epilepsy, says research shows that \u201ca single routine EEG only has an approximately 29-55 percent chance\u201d of showing abnormal brain waves. <\/p>\n

Despite the results of the EEG, Tucker should have been treated for epilepsy after the second seizure at the latest, she wrote.<\/p>\n

Tucker had another seizure a few months later in March of 2013. Then, on July 20, 2013, when Tucker was 15 months old, he experienced a seizure that lasted between 15 and 20 minutes. He was still seizing when he and Katie arrived at the hospital, according to his medical records. <\/p>\n

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Notes from the hospital state that he \u201cwas bedridden\u201d because he \u201ccould not rise from the bed without assistance, could not ambulate, and could not sit in a chair or wheelchair without support restraints.\u201d Yet, he was discharged the next day. Katie was instructed to make a follow-up appointment with Tucker\u2019s pediatrician.<\/p>\n

Less than two weeks later, Katie took Tucker to see a pediatric neurologist. His report is riddled with errors. He wrote that Tucker was born full-term (he was premature) and that he had never been hospitalized, although he had been admitted to the neurologist\u2019s own institution just 11 days earlier. <\/p>\n

He diagnosed Tucker with breath-holding episodes and told Katie that Tucker would grow out of them. \u201cI do not think these are seizures or epilepsy,\u201d he wrote in his report.<\/p>\n

On July 23, 2014, a week before Tucker\u2019s final collapse, Katie and Tucker returned to the pediatrician. Tucker had been vomiting, was nauseous, and was experiencing headaches. The doctor told Katie to keep him hydrated. However, this may have been a sign that something more serious was at play. Vomiting can occur as part of a seizure, following a seizure, or can be a sign of increased pressure in the brain, according to neurologist McKee, the defense expert. <\/p>\n

The Prosecution\u2019s Case<\/strong><\/h2>\n

Misogyny and junk science collided at Katie\u2019s trial. Katie was a single parent working as a hospice nurse. Her husband, Tucker\u2019s father, died by suicide when Tucker was just two months old. After his death, Katie and her children moved in with Kitchens, a friend from high school.<\/p>\n

At trial, prosecutors portrayed Katie as an uncaring mother who neglected Tucker\u2019s medical needs and prioritized her friendship with Kitchens over her children. Katie did not take the stand.<\/p>\n

Vilifying mothers is a common prosecutorial tactic in cases where women are accused of crimes that likely never occurred, according to Valena Beety, author of Pink Crime: Fighting Against the Criminalization of Motherhood, Pregnancy, and Queer Identity<\/em>. <\/p>\n

\u201cThe woman is wrongly convicted based on that confluence of [false] forensic evidence and gender bias,\u201d Beety recently told The Appeal<\/em>. <\/p>\n

Kitchens testified for the prosecution and relayed essentially the same account that Katie had provided to the police. The prosecutor asked Kitchens if he had not killed Tucker, who did? Kitchens replied, \u201cI guess Katie did \u2026 She was the only other one there.\u201d On cross-examination, the defense accused Kitchens of killing Tucker. <\/p>\n

Emergency personnel testified that Katie was \u201cunnaturally calm\u201d when they arrived. <\/p>\n

\u201cWe\u2019ve had kids locked in cars on cool days and the parents were much more emotional about the situation than that day,\u201d a sergeant with the fire department told the jury.<\/p>\n

Prosecutors and police often make assumptions about how a person should respond to a crisis. Among wrongful convictions, there are presuming that too much or too little emotion was indicative of an innocent person\u2019s guilt. <\/p>\n

Katie\u2019s attorney, Mark Loudon-Brown, noted in a phone interview with Truthout <\/em>that Katie was a nurse who is trained to remain calm in crises.<\/p>\n

The centerpiece of the prosecution\u2019s case was the testimony of two medical experts who told the jury that Tucker had been shaken.<\/p>\n

Mary Lynn Sheram, the hospital physician who first diagnosed Tucker with SBS\/AHT, testified that Tucker\u2019s symptoms are \u201cshown in the literature to be 100 percent as non-accidental trauma.\u201d The bleeding around his eyes \u201cmakes it a hallmark for abusive head injury.\u201d<\/p>\n

Nearly identical statements have been made in numerous SBS\/AHT cases that have resulted in exonerations.<\/p>\n

Timothy Gonzalez was convicted in an SBS case in 2016, the same year as Katie\u2019s conviction, and was exonerated earlier this year. At his trial, a child abuse pediatrician testified that there was no \u201caccidental explanation\u201d and no \u201cmedical explanation\u201d for his daughter\u2019s injuries. In 2022, the court tossed out his conviction. At his retrial earlier this year, his attorneys presented evidence that Gonzalez\u2019s daughter had suffered from a respiratory infection that led to encephalitis, an inflammation of the brain, which then developed into sepsis. On March 11, the jury acquitted Gonzalez of all charges.<\/p>\n

The second medical expert for the prosecution in Katie\u2019s case was Lora Darrisaw, the director of pediatric forensic pathology at the Georgia Bureau of Investigation. <\/p>\n

\u201c[W]e have no plausible accidental event that would account for the findings that I had,\u201d she told the jury. <\/p>\n

Several years before Katie\u2019s trial, Darrisaw was the star witness in the murder trial of two Georgia parents, Ashley and Albert Debelbot, who were accused of killing their three-day-old newborn. She ruled the death a homicide by blunt force trauma. In 2021, the parents were exonerated after their attorneys uncovered evidence that their baby had been born with abnormalities in the brain which led to her death. <\/p>\n

Openings for Exoneration<\/strong><\/h2>\n

The medical community\u2019s understanding of SBS\/AHT has changed significantly in the years since Tucker\u2019s death. Since 2014, 27 people convicted in SBS\/AHT cases have been exonerated, according to the National Registry of Exonerations. <\/p>\n

Last year, in a first-of-its-kind decision, the New Jersey Supreme Court banned testimony on SBS from the state\u2019s courtrooms. In July, in another Georgia case, Gwinnett County Superior Court Judge Kimberly A. Gallant granted Danyel Smith\u2019s request for a new trial, noting SBS\/AHT is no longer treated as a \u201cpresumptive diagnosis,\u201d and that \u201ccurrent medical and scientific standards\u201d require providers to consider \u201calternative, non-abusive causes before concluding abuse.\u201d (Danyel is also represented by the Southern Center for Human Rights. He and Katie are not related.) <\/p>\n

\u201cToday, the diagnostic approach is different,\u201d Katie\u2019s attorney, Loudon-Brown, told Truthout<\/em>. \u201cYou might keep the idea of non-accidental trauma in your head, but you would have to go further. You would have to look at what\u2019s going on with Tucker.\u201d<\/p>\n

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Katie Smith, whose murder conviction was based on what\u2019s increasingly seen as junk science, is fighting for her freedom.<\/p>\n","protected":false},"author":1,"featured_media":1597,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1598","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-interesting"],"yoast_head":"\nShaken Baby Syndrome Has Been Largely Debunked. Courts Are Still Catching Up. - Smart Moving Home<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/smartmovinghome.com\/?p=1598\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Shaken Baby Syndrome Has Been Largely Debunked. 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