The Mercer County Prosecutor's Office is appealing the judge's decision.
The Mercer County Prosecutor’s Office alleges Hailey died following a pattern of abuse in her short life,, broken ribs and bleeding in her brain. Prosecutors accuse Daniel of inflicting the injuries and Catherine with knowing about it and failing to report him to authorities or the injuries to doctors.
This past September, though, Mercer County Judge Darlene Pereksta suppressed the cell phone evidence, ruling that the detectives did not have probable cause of criminality to access the phones, Daniel’s attorney Jeffrey G. Garrigan said. Jeffrey Garrigan speaks on behalf of Daniel Bannister in Superior Court of Mercer County in a July 30, 2019 file photo.Secondly, Garrigan said a child abuse expert that investigators used in the case, Dr. Gladibel Medina, was recently deemed unreliable in an unrelated case in Middlesex County.found fault with Medina’s testimony
Detectives then compared that date to the parents’ phones and found information on Catherine’s phone about the vomiting, as well as Daniel being the sole adult caregiver to Hailey on that morning and afternoon, the detective wrote.
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