Lawmakers consider shaken-baby proposal

What Nevada lawmakers thought would be a simple bill -- to define shaken-baby syndrome in the state's child-abuse laws -- produced strong debate Tuesday.

The proposal, introduced by Assemblyman Mark Manendo, D-Las Vegas, on behalf of a constituent, defines evidence of shaken-baby syndrome, including "subdural hematoma, intercranial hemorrhage, retinal hemorrhage or other abusive head trauma."

The bill's proponents said the measure would give judges the opportunity to better instruct juries and increase public awareness of the issue.

Clark County Deputy District Attorney Doug Herndon told the Assembly Judiciary Committee the addition to the statute would be useful.

"I think when you give a more complete definition of shaken baby syndrome and include it in the physical injury portion of the statute, you're going to allow not only the general public, but juries and judges to more readily understand this form of child abuse," Herndon said.

Herndon said over the last several years, his team has prosecuted about 80 cases of child abuse, and the majority are injury by shaking.

Assembly Majority Leader Barbara Buckley, D-Las Vegas, said Herndon's success rate in prosecuting child-abuse cases could show that changes in the statute aren't needed.

Herndon said he couldn't recall a case where the proposed change would have allowed him to prosecute someone who went uncharged.

Lawmakers also questioned whether the definition of shaken-baby syndrome was sufficient considering these injuries could be suffered in accidents. Also, doctors rely on more than injuries to determine whether an infant has shaken-baby syndrome, also looking at medical and family history.

Howard Brooks, president of the Nevada Attorneys for Criminal Justice, spoke out against AB8, saying it's an unnecessary complication of the law.

"The statute, as its currently written, is working fine," Brooks said. "Mr. Herndon and his attorneys are very aggressive. They are prosecuting shaken baby cases regularly, and they're getting convictions. The bill is simply not necessary."

Brooks also said that there are experts on both sides of the issue who will say the injuries listed in AB8 can be suffered in accidents.

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