New evidence in favor of an Irish nanny accused of murder may be a turning point in the case of a deceased Cambridge, Mass., baby girl.

Aisling Brady McCarthy, 35, is facing charges in the death of 1-year-old Rehma Sabir, who allegedly succumbed to head injuries at the time of her supervision.

McCarthy’s attorneys presented new substantial medical evidence on Friday to Woburn’s Superior Court. It apparently contradicts when Sabir sustained other additional injuries.

According to Boston.com, Attorney Marian Ryan received validation from a medical expert that the baby “suffered serious injuries to her vertebrae while traveling with her family overseas in the weeks before [she] was fatally injured on Jan. 14, 2013.”

Defense attorneys are more than certain that someone else is to blame for Sabir’s death, especially since McCarthy was not the caretaker during the time of her affliction.

“This woman is innocent and is sitting in jail,” Attorney Melinda Thompson told the newspaper.

However, Assistant District Attorney Patrick Fitzgerald thinks that new evidence will fail to change the timing of the beating that led up to Sabir’s death. (image)

“There is no question that the injury was sustained within the seven hours where the defendant was the sole caretaker,” the D.A. said.

McCarthy is currently without bail. Her attorneys have asked Middlesex Superior Court Judge S. Jane Haggerty to set bail for $5,000 with the addition of a GPS locator.

The judge did not give an official decision but instead scheduled a conference hearing for Feburary 21.

If released, McCarthy faces deportation for immigration violations within her visa waiver program. Regulations state that if a person stays longer than 90 days, then the Department of Homeland Security has the right to take custody and remove them from the country.

“She was in this country illegally, she came to this country 10 years ago through some visa waiver program. If you violate that and do not leave when you’re supposed to leave, you’re subject to deportation,” said Fitzgerald.

Thompson disproved Fitzgerald’s claims and said that McCarthy will not face deportation since she handed over her passport to authorities following her arrest.

The official trial will begin on April 7. Only then will McCarthy’s fate be decided between two options: to serve time or get the boot.

Image via  YouTube