Amicus Brief: Joshua Peacher & Nereida Allen
Joshua Peacher & Nereida Allen v. The Commonwealth of Kentucky
Filing Date
August 29, 2024
Charge
Murder
Jurisdiction
Commonwealth of Kentucky Court of Appeals
Partners
Innocence Network, Dr. Waney Squier, Dr. Knut Wester, and Dr. Jane Turner
Summary
CIFS and the Innocence Network filed this brief in the Court of Special Appeals of Maryland in Clarence Jones’ case to argue that the shift in scientific understanding of SBS satisfies the newly discovered evidence standard and the court should overturn the denial of innocence petition and vacate his convictions.
PRELIMINARY STATEMENT
This is an appeal of the denial of Joshua Peacher’s and Nereida Allen’s motions to vacate their 2011 criminal convictions arising from the death of Ms. Allen’s 2-year old nephew, who died less than two days after Ms. Allen and Mr. Peacher took in her nephew and his cousin after they were removed from their mothers’ home by Child Protective Services. The foundation of Mr. Peacher’s and Ms. Allen’s convictions was the Shaken Baby Syndrome theory, the tenets of which have since been disproved. Scientific credibility and accurate and current testimony in matters concerning contested science are crucial to the administration of justice. In this appeal, this Court must carefully consider the shift in the medical science underlying the Shaken Baby Syndrome/Abusive Head Trauma theory and evaluate its reliability or, more accurately, lack of reliability. In light of the discrediting of this theory, this Court should reverse the Jefferson Circuit Court’s order denying Appellants’ motions to vacate and grant them new trials with credible and accurate medical testimony based on the current state of scientific research on this topic as well as complete medical records of the deceased child.