TRAVIS COUNTY - A Bastrop woman, who has been on death row since 1995 after being convicted of killing a 3-year old boy and burying him near Temple, is getting a new trial.
Cathy Lynn Henderson was babysitting Brandon Baugh when she says he accidentally fell, suffering fatal head injuries. A medical examiner testified in a trial it was false and impossible for the boy to have suffered the injuries in an accident.
Henderson was found guilty and sentenced to death.
But in a recent evidentiary hearing, that same examiner, Dr. Roberto Bayardo, changed his mind and said there is no way to reasonably determine with medical certainty whether the toddler's injuries were from abuse or an accidental fall.
Bayardo cited credible, new scientific evidence for the change of opinion.
Following the evidentiary hearing, the trial court recommended granting a new trial. The Court of Criminal Appeals agreed, accepting that recommendation to grant relief and remand for a new trial.
