"There was an accident," says Attorney Bridgid Brady. "Her dad accidentally fumbled the baby after feeding her one night. She cried, she was okay. They didn't think much of it. Then a couple of days later, they were concerned, she was not eating or acting normal."
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Brady, says the parents took their baby girl to the emergency room, but she died a few days later.
Brady says the first autopsy conducted by the late Dr. Gary Walter in 2014 determined the manner of death was a homicide.
Last month, the trial was set to begin, but new information was provided by the pathologist brought on to testify in the wake of Walter's passing.
"The DA hired a new pathologist, and he reviewed all the material last month and determined that the original autopsy was inadequate," Brady said. "He could not make a determination of what caused the death, so he had her remains exhumed and performed a second autopsy."
The new autopsy concluded the cause of death was blunt head trauma, but the manner of death was undetermined.
"This is a radical change in the case, and there is a new understanding about what this evidence means," Brady said. "That changes everything."
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Brady says the parents were offered a deal in court last week after the new findings.
"The DA extended an offer to the parents for felony child abuse resulting in death for credit for time served, and they turned it down," Brady said. "They would rather have the truth come out, and they know that it will. They have faith."
We reached out to the District Attorney's Office about this case, and they provided a statement saying the California State Bar Rules of Ethics restricts prosecutors and criminal defense counsel from discussing the facts or circumstances of a case outside what is public record.
Now, there will be two reports from doctors about Madelyn's death.
Brady says she stands by her client as the case continues to unfold.
"Mistakes were made and the doctors just got it wrong and thank god for this new pathologist," Brady said. "I am hoping for the truth to come out. I am confident that is what we are going to find out."