Trial News

Julie Baumer took her nephew to a hospital after he experienced lethargy and vomiting. After a CT scan revealed the child had brain damage and a skull fracture, Baumer was accused of child abuse. At her trial, doctors testified that the child had suffered from shaken baby syndrome and that his brain damage was consistent with trauma. Baumer was sentenced to 10–15 years in prison, and two appellate courts later declined to reverse her conviction for first-degree child abuse.

Baumer filed a motion for relief based on newly discovered medical testimony, and after several evidentiary hearings, a trial court set aside her conviction and ordered a new trial. A second jury found Baumer not guilty of first-degree child abuse. At the time of her release, Baumer had served more than four years in prison.

Baumer sued the state of Michigan, alleging she was entitled to compensation under the state’s Wrongful Imprisonment Compensation Act, Mich. Comp. Laws §600.1751 et seq. The plaintiff asserted that the new evidence she proffered proved that she was not the perpetrator of the crime for which she had been convicted.

The parties settled for more than $204,300.

Citation: Baumer v. State, No. 17-000197-MZ (Mich. Ct. Cl. Ingham Cty. Nov. 18, 2019).

Plaintiff counsel: Gabi D. Silver, Detroit; and Kenneth D. Finegood, Southfield, Mich.

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