A judge in the Massachusetts Supreme Court has ruled that the prosecution appeal in the case of Louise Woodward will be heard by the full court next March. The judge also allowed Ms Woodward to remain free until the appeal is heard.
The British au pair had been convicted of second degree murder of eight-month-old Matthew Eappen last October and sentenced to life but was allowed to go free two weeks later when the conviction was reduced to manslaughter.
Ms Woodward, who was in the crowded courtroom in Boston yesterday, smiled and appeared relaxed with her lawyers. She will have to stay in the state until the appeal is heard.
The prosecution in its appeal said that Judge Hiller Zobel had overstepped his authority in reducing Ms Woodward's conviction for second degree murder to one of manslaughter. "The judge transformed the jury verdict of second degree murder into what amounted to an acquittal", the prosecution argued. The prosecution also wanted Ms Woodward returned to prison.
In a brief hearing, Justice Ruth Abrams ruled yesterday that the appeal could be presented to the full seven-member Supreme Judicial Court in March.
The defence team had wanted the case sent back to a lower appeal court and plans to file its own appeal against the manslaughter verdict. Yesterday the defence said it was pleased that the appeal was being expedited so that Ms Woodward does not have to stay in the US any longer than necessary.
The prosecutor, Ms Martha Coakley, said that the ruling indicates the willingness of the court to make the inquiry the prosecution had requested, "whether there was in fact an arbitrary and capricious action by the trial court".
Several supporters of Ms Woodward stood outside the courthouse holding signs saying "Louise is innocent" and "Justice for Louise".