What does the defense still need to do?
I have only pasted the portion about the nursing staff schedule chart:
"We are dealing with 24 events and we say there is nothing [to suggest that].""The time of Letby's presence has itself become an explanation for the deterioration."The list on nursing staff on duty for all the fatal and non-fatal collapses, with Letby on duty for all events, is shown again to the court.
"This table exists because the prosecution created it, and was put together for the purpose of the prosecution."It was to show what were declared to be key events.
"This is a self-serving document. What we have here is because the prosecution have chosen to present it this way."
Have the Pros done enough to validate the scheduling chart? It is very important that they show that it is a fair representation, in that ALL unexplained collapses are shown on the chart.
If there are any unexplained collapses that are not on days LL is on duty, that would be exculpatory evidence.
Apparently Dr Breaey has testified there were not any such collapses when LL was not there.
I would think BM would be bringing in evidence of such collapses if there were any. He'd have to have a staff member do so, I believe. Or maybe a medical expert that did a report?
The defence says it does not show the 'individual health of the children concerned, or any problems they had from birth, or the risks, or the course of treatment and/or problems encountered by said treatment'.
It is true that the scheduling chart does not show any of the above info---but I think NJ did spend a lot of time on all of the above during his case in chief.
The chart does not show 'other collapses or desaturations' for the children when Letby is not present.
True, and if there are any, BM needs to point them out. It would be a big win for him if he could do so convincingly.
There were other collapses, obviously. But did they have obvious medical explanations, like a proven infection , or birth defect in the heart or lungs?
The table does not show 'shortcomnigs in care' which 'could have impacted the health of the baby', or 'how busy the unit was',
NJ has been trying to poke holes in this part of Meyers defense case by asking LL, in each case, what mistakes were made by other staff or herself. So far there were very few cases which had a noted mistake or potential shortcoming.
or 'what Letby was actually doing at the time of the event', My Myers tells the court.It doesn't show 'whether Lucy Letby was anywhere near to a child at the time of the event' or if there was 'a problem which could be traced before Letby's arrival'.
Johnson has put a lot of effort into pinpointing exactly what LL was doing during many of the incidents. I think he has been pretty successful in that in many cases. Even caught her out a few times trying to camofaluge where she really was through sketchy note taking, etc.
Regarding the explanations for what happened, My Myers said: "This is something which is quite a difficult question, even for experts to look at.""What the case will come down to is the medical evidence, on what can be safely proved and what it can't."Regarding the medical evidence, Mr Myers said: "The cause of the deteriorations, or deaths, is not clear and have a number of possibilities.
Meyers is going to have to bring in some expert testimony to really prove this assertion of his. The expert reports which include post mortem details and x-rays are pretty convincing and he will need to rebut that with a strong reputable source, IMO
"Generally, we are dealing with babies who are fragile, and their condition can change and deteriorate very rapidly."
If we were only looking at 2 or 3 incidents, this would be a convincing argument. But it will be hard to accept that 24 times, a relatively healthy and settled baby, with no infection present, no known trauma, no serious heart or lung defect, is going to suddenly, unexpectedly collapse and desaturate to 30%, need 8 to 10 shots of adrenaline, and then may or may not survive.
It is not true that ALL premature babies are so fragile they can just suddenly get purple rashes, lose consciousness and need total resuscitation after being ready to go home the previous day.
Mr Myers adds the premature and vulnerable babies can come with developmental conditions that require extra treatment, and are prone to infections.
"It is crucial to consider the starting point in these cases.
I think NJ has done a good job of showing what each starting point was. A few of the babies did have some serious medical issues so those cases may be more complicated. But many, like triplets O and P had 99% survival rate expectations and had no red flags at the time of their fatal collapses.