A California man accused of shaking his daughter to death is contesting his conviction in court on the grounds that three symptoms held up as tell-tale signs of shaken baby syndrome are no longer considered a clear indication of abuse.
Alan Gimenez’s case before the 9th U.S. Circuit Court of Appeals is among a spate of recent challenges to “shaken baby syndrome” diagnoses that include a similar trio of symptoms without evidence of neck injuries.
Many of the cases also have no additional indicators of abuse such as bruising or fractures.
Defense attorneys say new research discredits shaking as the most likely cause of the three conditions — brain swelling and bleeding inside the skull and behind the eyes. Medical experts are divided.