Russell Maze appeared in Judge Steve Dozier’s courtroom at the Birch Building on Tuesday for the first day of a hearing to decide whether he walks free after 25 years in prison. Maze is currently serving a life sentence for abusing and ultimately killing his infant son, Alex, in 1999.
As reported by the Banner, an extensive review of his case by the Davidson County Conviction Review Unit (CRU) found severe flaws in both the initial diagnosis of “shaken baby syndrome” and the subsequent police investigation that led to his conviction. The Tennessee Innocence Project has filed a motion with the court on Russell’s behalf to reopen his petition for post-conviction relief and to have that conviction vacated. Horwitz Law represented Kaye Maze, Alex’s mother and Russell’s wife, who pled guilty to reckless aggravated assault. She is also seeking to have her conviction vacated.
Kaye and Russell Maze were in attendance yesterday, sitting near each other at a table and flanked by attorneys on either side. Russell entered the courtroom using a cane and, at one point, winced as he sat down. The 58-year-old, who now wears glasses as well, was 33 when he first went to prison.
Nashville District Attorney Glenn Funk gave a short statement, saying that while it is the mission of his office to convict criminals and give voice to victims, it is an “even greater injustice” to incarcerate the innocent. Given what he called “clear and convincing evidence,” Funk said, “it is my duty as District Attorney to ask the court to vacate and dismiss the case.”
The hearing began with Jason Gichner, attorney for the Tennessee Innocence Project, giving a slide presentation laying out the main issues for Judge Dozier, who presided over Russell’s trials, to consider. Those arguments boil down to the following: the diagnosis of shaken baby syndrome (also known as abusive head trauma) was incorrect; the diagnosis was wrong in part because it was issued quickly and before sufficient testing could rule out other causes; neither the juries nor police were presented with any possible alternative diagnoses; all of the medical experts consulted by the CRU agree that Alex did not die of inflicted trauma; medical science has advanced significantly since the early 2000s; and that updated scientific understanding, when applied to this case, clearly indicates other, more likely causes of baby Alex’s death.
Judge Dozier seemed to bristle at the length and detail of this overview. “You’re going to do this at closing, too?” he asked abruptly at one point. “I’ve read the materials you submitted.” He was assured that would not be the case, but his impatience with “this” set the tone for the day before the first expert even took the stand.
Dr. Darinka Mileusnic-Polchan, chief medical examiner for the Knox County Regional Forensics Center, was first to testify, and she essentially reiterated what she wrote in the report she submitted to the CRU. She found the original diagnosis of shaken baby syndrome to be inaccurate, and that Dr. Bruce Levy’s autopsy at the time was not sufficiently thorough to eliminate other possibilities.
Like much of the testimony that followed, Dr. Mileusnic-Polchan’s remarks sometimes defaulted to dense medical terminology. Still, she made this much clear: After looking at the evidence in Alex’s case, she determined violent shaking was “out of the question.” She told the court that she went the extra step of asking her peers at the forensics center where she works also to review the case and that they had all reached the same conclusion: This was not a case of inflicted trauma, and it was most likely a stroke that ultimately led to Alex’s death.
Dr. Mileusnic-Polchan characterized Dr. Levy as “too busy to dedicate enough time to study this case properly.”
“You’re not busy?” Judge Dozier interjected.
Dr. Mileusnic-Polchan conceded she was, in fact, busy, but countered that forensic pathologists have to rely on previous medical records to do their work. “Sometimes,” she said, “the easiest thing is to copy and paste what they see.”
While answering a question about how she could be sure her assessment was correct, Dr. Mileusnic-Polchan started to say, “I am almost certain if we brought Dr. Levy here. … ” But Judge Dozier cut her off.
“No way you can say that, what you’re about to say,” he said sternly. “He’s going to admit he was wrong?”
“It happens,” Dr. Mileusnic-Polchan replied.
Whether or not he was convinced, Judge Dozier moved on.
A series of medical experts followed throughout the remainder of the morning and into mid-afternoon: pediatric neurologist Dr. Joseph Scheller, pathologist and blood disease expert Dr. Michael Laposata, former Kentucky Associate Chief Medical Examiner Dr. John Hunsaker, and neonatologist Dr. Carla Sandler-Wilson. All of them testified that Alex Maze’s injuries were not caused by violent shaking.
At several points in the testimony, Russell Maze leaned forward to examine the exhibits displayed on the computer screen in front of him – CT scans, diagrams, and charts. He filed for post-conviction relief in 2007, arguing that his defense had not consulted qualified medical experts like the ones appearing at this hearing during either of his criminal trials.
For his part, Judge Dozier seemed skeptical. He asked several clarifying questions about how different medical understanding was in 2024 as opposed to the early 2000s, when Russell was on trial. He also asked Dr. Sandler-Wilson pointedly whether she thought Dr. Suzanne Starling, who diagnosed Alex with shaken baby syndrome, had committed medical malpractice. (“I don’t feel comfortable making that determination,” Dr. Sandler-Wilson replied.) And when CRU director Sunny Eaton framed a question by reiterating that abusive head trauma was the only possibility presented to jurors, Judge Dozier cut her off.
“You keep saying that,” he interjected. “Who told the jury that shaken baby syndrome was the only possible cause? … Dr. Levy testified to other possible causes.”
Before Eaton could fully reply, Dozier waved off his question and let her continue.
The hearing resumes today with more expert medical testimony. Former MNPD detective Kristen Vanderkooi is also expected to appear in court. Earlier this year, Vanderkooi submitted a sworn affidavit saying, in part, “If other medical possibilities had been acknowledged by Dr. Starling, the police investigation would have been broader.”