Judge hears arguments in Henderson's quest for new trial




Posted on August 15, 2009 at 4:37 PM

Updated Tuesday, Oct 20 at 11:54 AM

New trial?

KVUE's Quita Culpepper reports

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A judge heard arguments Monday in a hearing over whether to grant a new trial for a Pflugerville area woman on death row.

In 1995, Cathy Lynn Henderson was convicted of killing 3-month-old Brandon Baugh. She was the infant's babysitter.

At issue is whether new types of scientific testing would result in a different verdict.

Brandon's parents and grandfather were in the courtroom Monday morning as Henderson's attorney called a pediatric head trauma expert to the stand.

The doctor said after reviewing autopsy records in the case, he believes Brandon's head injury could have resulted from an accidental fall onto a concrete floor covered by tile. That's what Henderson claimed happened to the child while he was in her care.

At Henderson's trial, prosecutors argued the 3-month-old's skull was fractured after he was violently thrown against a flat surface.

Brandon's parents say they'll always mourn the loss of their baby boy and say, even though experts claim otherwise, they still believe Henderson killed their son.

Henderson fled with the child's body. He was found in a shallow grave 19 days later.

The case is being heard by State District Judge Jon Wisser and was expected to continue through Tuesday. Judge Wisser is expected to decide whether Henderson will get a new trial sometime in January.