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Title : Woman Who Spent 10 Years in Prison Sues After Her Conviction Overturned on Shaken Baby Claim
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Woman Who Spent 10 Years in Prison Sues After Her Conviction Overturned on Shaken Baby Claim

Chicago Tribune | Aug 24, 2017 | Tony Briscoe

Jennifer Del Prete and attorney Jon Loevy after a news conference Thursday, August 24, 2017, announcing a lawsuit alleging investigators withheld evidence. Del Prete spent nearly 10 years in prison after being convicted in the death of toddler. Her conviction was overturned in 2016. (Chris Sweda/Chicago Tribune)

Nearly a year after a judge overturned the murder conviction of a former suburban day care worker accused of killing a newborn in her care, the woman is suing investigators for allegedly withholding evidence and fabricating scientific findings, according to court documents.

Jennifer Del Prete, 46, spent nearly a decade in prison after she was found guilty of first-degree murder in the 2003 death of 14-month-old Isabella Zielinski. Authorities accused Del Prete of shaking the 4-month-old at the day care where Del Prete served as a caretaker. The baby died about 10 months later.

During her trial, a state medical expert testified that Isabella's injuries could have been inflicted only on the day she became unresponsive, ignoring evidence that the baby had suffered an unexplained brain injury days earlier.

A Freedom of Information request filed by journalism students at Northwestern University's Medill Justice Project uncovered a memo written by the lead Romeoville detective who worried that the pathologist who conducted the autopsy did not agree with the shaken baby syndrome theory.

The new evidence led a judge to release her in 2014 while her case was reviewed, and her conviction was overturned in August 2016 in the appellate court. A judged ordered a new trial. The Will County state's attorney's office is appealing the ruling.

On Thursday, Del Prete filed a lawsuit against the officers from Romeoville and Plainfield and the state witness who she claims fabricated scientific findings to convict her. She alleges the withheld memo and the disregard of other medical witnesses who disagreed with the shaken baby theory constituted a violation of due process and resulted in malicious prosecution.

Jennifer Del Prete and attorney Jon Loevy after a news conference Thursday, August 24, 2017, announcing a lawsuit alleging investigators withheld evidence. Del Prete spent nearly 10 years in prison after being convicted in the death of toddler. Her conviction was overturned in 2016. (Chris Sweda/Chicago Tribune)

At a news conference Thursday, an emotional Del Prete recalled that when Isabella fell unconscious in her care, it brought on the "worst nightmare that I could ever imagine." She called 911 and performed CPR before the before the child was rushed to the hospital.

"I remember calling my father telling him what happened. I was crying. I said, 'It was someone I cared for, I loved, who I kissed and hugged.' My dad said, don't worry hon, you did everything you could. You'll probably get an award for saving her life. That did not happen that day or any day after that."

Del Prete was charged with a felony assault, which was later amended to murder when the baby died months later.

Del Prete recounted how her conviction in the child's death caused her to miss out on the lives of her own children, who were 7 and 15 at the time. She got choked up at times as she lamented not being there for high school graduations, driver licenses and other life events while she remained in prison.

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