A Dallas County conviction based on the 'shaken baby syndrome' has been overturned by the Texas Court of Criminal Appeals.
The ruling in the case of Andrew Roark follows a national trend that casts doubt on injuries caused by shaking babies. In 1999, Roark was arrested after the unresponsive child of his girlfriend was taken to the hospital, and doctors said it appeared the injuries were caused by a severe shaking. But for the last 25-years, Roark's lawyer has been arguing for the conviction to be overturned.
"Courts all over the country are starting to recognize that the theory behind the shaken baby syndrome cases is scientifically invalid," said Gary Udashen.
Roark has been out of jail on bond for the last eight years after the Dallas County District Attorney's office sided with Udashen.
"When the Dallas County DA's office agreed that there was new science and this conviction should be vacated, that allowed him to be released on bail," Udashen said.
The DA's office is not commenting on a possible retrial.
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