A Wayne County woman who spent nearly 20 years in prison for allegedly shaking her child to death has been granted a new trial after the doctor who performed the original autopsy changed his opinion on the cause of death.
Chazlee Lemons was sentenced to life in prison in 2006 after a judge found her guilty of first-degree murder in the death of her 11-week-old child Nakita Lemon.
In a 5-2 decision, the Michigan Supreme Court determined it’s probable that a “jury would have a reasonable doubt” about Lemon’s guilt.
At the original trial, Dr. Bader Cassin, who performed the autopsy, classified the death as shaken baby syndrome, saying the child’s brain was swollen, and she had retinal hemorrhages.
Cassin changed his opinion in 2017, saying Nakita, who had experienced breathing problems since birth, may have choked on baby formula. During an evidentiary hearing, Cassin said other experts have weighed in and “demonstrated that the forces in shaking are insufficient to produce such an injury.”
Cassin concluded the manner of death was “indeterminate,” so it could have been natural or accidental.
A pediatrician, Dr. John Galaznik, also testified that Nakita “had experienced a choking/aspiration event” and that the evidence did “not support an allegation of abusive shaking.”
The Wayne County Prosecutor’s Office produced its own experts, who said shaken baby syndrome was the likely cause of death.
In a statement to Metro Times on Wednesday, Prosecutor Kym Worthy said her office plans to retry the case.
“This child went through unspeakable trauma,” Worthy said. “We are very disheartened by the Michigan Supreme Court majority’s opinion granting a new trial in Lemons. This is especially true in light of defendant’s admission to violently shaking the two-month old victim and the general consensus of the medical community accepting the diagnosis of Shaken Baby Syndrome/Abusive Head Trauma.”
The Innocence Clinic at the University of Michigan Law School represented Lemons.
Last week, Metro Times launched “The Closer,” a series of stories about wrongful convictions.
