LIVINGSTON, Texas (AP) -- A woman on Texas death row has won a new trial from a divided Texas Court of Criminal Appeals in the slaying of a 3-month-old suburban Austin child she was babysitting.
The state’s highest criminal court Wednesday said Cathy Lynn Henderson should be retried in the early 1994 death of Brandon Baugh.
Five judges on the court joined in the ruling, three dissented and one didn’t participate.
Henderson got within days of lethal injection in 2007 before the same court halted the punishment.
The appeal centers on expert witnesses’ testimony at a hearing at her Travis County trial court. They said new developments in the science of biomechanics showed the fall that fatally injured the child at her home in Pflugerville could have been accidental. Five prosecution expert witnesses disagreed.