Even though she was negligent, she couldn’t have saved her shaken baby’s life, prosecutors said in dismissing charges today against a Queens mother who was held in Riker’s Island jail for four years after failing to get help for her infant who suffered “severe brain injuries,” allegedly at the hands of her husband.
Ying Li was facing up to 25 years in prison in the death of her two-month-old daughter, Annie, who died from brain damage which doctors found were sustained from Shaken Baby Syndrome on Oct 22, 2007.
Li, 27, and her husband, Hang Bin, 28 were arrested months later.
Prosecutors dismissed Ying Li’s manslaughter case with prejudice based on medical records obtained from doctors at Flushing Hospital who determined that the baby’s injuries were “so severe that if immediate medical attention were give it wouldn’t have helped save Annie’s life.”
“The people believe that they could sustain the endangering the welfare of a child charge, but since she spent four years in jail already, it would exceed the maximum sentence of one year if she was convicted,” said prosecutor Leigh Bishop.
“In the interest of justice, its best to dismiss all the charges on the indictment.”
Ying’s attorney Murray Singer said, “Ms. Li’s position is and always was that she did nothing to cause injury to her baby Annie Li…she didn’t shake, bang or slam Annie accidentally, she did nothing to lead to or result in her death.”
Through a Mandarin interpreter, Li had said in court, “I did not do anything to harm my baby, nor did my husband.” She refused to swear under oath about her innocence.
Ying Li posted $10,000 bail last year when it was reduced from $250,000 after the medical evidence first surfaced, yet, Hang Bin remained in jail without bail for the murder charges.
“The people’s case has gone down the sewer,” said Hang Bin’s attorney, Cedric Ashley. “There’s substantial evidence that other medical injuries were involved…this is a medical case, not a murder case and there was no case against either of them.”
Queens Supreme Court Justice Richard Buchter exonerated Ying Li’s bail.
Ying, who gave birth to their now 4-year-old daughter Angela in jail, was advised not to come to her husband’s pending trial in case she is called as a defense witness.
Jury selection for Hang Bin’s murder trial is expected to begin on Thursday.