Posted on March 21, 2013 at 10:21 AM
Thursday, Mar 21 at 10:21 AM
AUSTIN -- Lawyers for a woman once sentenced to death row are back in court for a pre-trial hearing.
They're fighting for a new trial for Cathy Lynn Henderson.
A jury convicted Henderson to death for the 1994 death of a three-month-old boy in Pflugerville. Henderson was the infant's nanny, and baby died under her care. In December an appeals court overturned her capital murder conviction.
On Thursday baby Brandon Baugh’s parents walked into the 299th District Court at the Travis County Justice Complex for a pre-trial hearing. It is the second trip of this kind for Eryn Baugh and his wife Melissa. They came in February for a previous pre-trial hearing as well.
The new trial for Henderson centers on new evidence about head injuries in children.
At the time of Brandon’s death, Henderson claimed that the young boy died after slipping from her arms and falling four feet to the concrete floor. Medical testing now shows that Henderson's claims could be true.
The new charge Henderson will face will be determined after a review of court records. If the capital murder charge is warranted, then the court must also decide whether to pursue the death penalty again.
Thursday’s hearing ended in a reset. The Baugh family says they'll return again for the next hearing and will attend every scheduled court appearance throughout Henderson’s new trial.