USA - Texas. Prosecutors will not seek the death penalty when Cathy Lynn Henderson is retried.

Travis County prosecutors will not seek the death penalty when Cathy Lynn Henderson is retried. Henderson, , 56, white. She will be tried for capital murder and faces a potential sentence of life in prison, District Attorney Rosemary Lehmberg said today. Henderson had been sentenced to death on May 25, 1995 after having been convicted of killing Brandon Baugh, three months old, while babysitting at the boy's home on Jan. 21, 1994. On December 5, 2012 (see) the Texas Court of Criminal Appeals granted a new trial. The court deferred to opinion of the trial judge that scientific evidence that came to light after the trial. In an evidentiary hearing after the conviction, Dr. Roberto Bayardo said recent developments in the study of biomechanics suggested that the baby could have died from head injuries suffered in a accidental fall rather than from a deliberate blow. In 2007, Henderson was only two days away from her scheduled execution when the Court of Criminal Appeals granted her a reprieve and ordered the lower court to hear arguments in her appeal. Henderson has always maintained the death was an accident. She said she panicked, packed Brandon's body in a wine cooler box and buried him in a shallow grave 60 miles away. Henderson then left Texas before being apprehended in Missouri under an assumed name.