Tuesday, September 26, 2023

Nurse Lucy Letby Part II

 


Prosecutions, trials, and convictions

Arrest and charges

On 3 July 2018, Letby was arrested by police on suspicion of eight counts of murder and six counts of attempted murder, following a year-long investigation. Letby's home at Chester was searched by police following her arrest.  After Letby's arrest, the investigation was widened to include Liverpool Women's Hospital, another location at which Letby had worked. Police have begun looking into Letby's entire career, including at Liverpool Women's Hospital, since her conviction.

Letby was bailed on 6 July 2018 as the police continued their inquiries. Time had to be taken to review the unexpectedly large amount of document evidence found in Letby's home.  In her diaries were found what appeared to be a code of colored asterisks that marked significant events in the investigation.  She was rearrested on 10 June 2019 in connection with eight said murders and nine said attempted murders of babies, and again on 10 November 2020. She was bailed in 2019 as more time was needed to get evidence together to make sure it was as strong as possible before charges could be brought. There were thousands of exhibits in the investigation, 16,571 of which were not even used as evidence and some of the items were themselves thousands of pages long.  The 2019 arrest and bailing had been made as by this time three further cases of attempted murder had been identified which investigators needed to question Letby further on and as Letby had been found to have written extensively about the case on her 2018 arrest, detectives wished to see whether she had written anything further in the year while she was under investigation.  The key aspects of the investigation, which has been described as 'painstaking', were, according to Senior Investigating Officer Paul Hughes, "always asking ourselves a) who else could it be, if not her, and what else could it be?”

On 13 March 2020, Letby was placed on an interim suspension by the Nursing and Midwifery Council.

On 11 November 2020, Letby was charged with eight counts of murder and 10 counts of attempted murder. She was denied bail and remanded in police custody. The Crown Prosecution Service was convinced to approve all of the charges Cheshire Constabulary requested against Letby after it reviewed the evidence the force collected against her.

Letby denied all 22 charges against her, blaming the deaths on hospital hygiene and staffing levels.

On 18 August 2023, Andrea Sutcliffe, Chief Executive and Registrar of the Nursing and Midwifery Council, stated that Letby "remains suspended from our register, and we will now move forward with our regulatory action, seeking to strike her off the register".

2023 Trial

Letby's trial began at Manchester Crown Court on 10 October 2022 before Mr. Justice Goss. She pleaded not guilty to seven counts of murder and 15 counts of attempted murder. Letby's parents and the families of the victims attended the trial.

The child victims were referred to as Child A to Child Q. The press secrecy around the identities of the 17 babies and nine colleagues who gave evidence was "rarely seen outside proceedings involving matters of national security." Two years before the criminal trial, Mrs. Justice Steyn banned the identification of the living victims until their 18th birthdays. Parents wanted their identifying information to be protected, though Steyn J ruled that one parent's profession as a physician was relevant because of his medical expertise and that it would not make that parent identifiable to the public. Several witnesses requested anonymity, including a doctor with whom Letby was reportedly infatuated. The judge approved these requests, ruling that getting testimony from the colleagues was more important than them being publicly identifiable.

The prosecutor said that Letby was a "constant malevolent presence" in the hospital's neonatal unit. Some witnesses had apparently walked in during, or just after, Letby's attacks. A mother of one of the victims said she had walked in on Letby trying to kill her baby, with Letby saying "Trust me, I'm a nurse" when interrupted. Another mother had walked in hearing her baby screaming, to find her child had blood around his mouth with Letby in the room. The mother said that, despite the obvious distress the baby was in, Letby was just "faffing about, not really... not doing anything. You know when it feels like somebody wants to look busy but they're not actually doing anything?”  Letby told the mother to go back to the ward.  The baby's condition soon worsened and it later died in its parents' arms.  No post-mortem was carried out, which might have shown what Letby had done.  Afterward, Letby bathed the deceased baby in front of her parents.  Another mother of a baby, who had died in October 2015, recounted an uncomfortable experience of Letby bathing her child, recounting: "Lucy Letby and another nurse asked me if I wanted to bathe my baby. While we were bathing her, Lucy came back in. She was smiling and kept going on about how she was present at the first bath and how our daughter loved it. I wished that she would just stop talking".  Letby's apparent obsession with this baby and her family later continued; she sent a sympathy card to the parents after the baby's death on the day of its funeral.  Upon Letby's arrest, it was found on her phone that she had photographed the card before she sent it and had still kept pictures of it.

I think there is an element of fate involved. There is a reason for everything.—Text sent by Letby to a colleague after one of the murders

Police had discovered during their investigations that Letby had sent texts to others after each of the deaths.  She asked one: "How do such sick babies get through & others just die so suddenly & unexpectedly?”  In another, sent on 9 April 2016 during a day shift after two twin boys, Child L, and M had collapsed, she wrote: "Work has been shit but... I have just won £135 on Grand National!!! Unpacking party sounds good to me with my flavored vodka". On 22 June 2016, on the evening before her return to work following a holiday in Ibiza, she texted: "Probably be back in with a bang". Notably, on her first shift back that next day, Child O was murdered. The texts were seen as important as they sometimes appeared to be a live blogging of events. Letby had also told a colleague that taking Child A to the mortuary was "the hardest thing she ever had to do". Letby had also searched for the parents of several infant victims on Facebook, in one case on the anniversary of a baby's death. In total Letby had searched for 11 of the families affected. When police had asked her why she had searched up the parents of Child O on the anniversary of its death, she had responded that she "could not explain why she would be doing it". The prosecutor asserted that Letby had injected air into the bloodstream of two victims and had used insulin to murder others. It was also revealed during the trial that Letby had to be told more than once not to enter a room where the parents of one of the victims were grieving. Letby said, "It's always me when it happens."

Letby's defense lawyer said that Letby was "a dedicated nurse in a system which has failed," and that the prosecution's case was "driven by the assumption that someone was doing deliberate harm combined with the coincidence on certain occasions of Miss Letby's presence," and that there had been a "massive failure of care in a busy hospital neonatal unit – far too great to blame on one person." The defense argued that "extraordinary bleeding" in a baby boy murdered by Letby could have been caused by a rigid wire or tube. The therapeutic use of insulin was denied by Letby's colleagues. No baby on the unit was being prescribed insulin so there was no reason why any baby should have been given it. The insulin was kept in a locked fridge next to a nurses' station.

A key piece of evidence was also given by a consultant who recounted that in February 2016 he had walked in and seen Letby standing over a baby and watching when they seemed to have stopped breathing.  Letby was not doing anything despite the baby desaturating.  When he asked her what was going on, she responded that he had only then just started declining. This baby went on to survive their collapse.  By this stage, all seven of the pediatrician consultants who worked in the neonatal ward agreed something was seriously wrong in the department.  The deaths and near-deaths that were happening on the unit could not be medically explained.  All the babies involved had been expected to live and so their deaths came out of the blue.  Previously, in the majority of times the premature babies had collapsed it had already been expected and in the very rare cases, it was not already expected it could still be medically explained, unlike in all of these cases.  A pediatrician testified that he and other clinicians had previously raised concerns about Letby, but were told by hospital administration that they "should not really be saying such things" and "not to make a fuss." Another doctor testified that Letby commented an hour before one victim died, "He's not leaving here alive, is he?"

Between March and June 2016, another three babies almost died while under Letby's care.  Towards the end of June, she was helping to care for triplets.  One died at 6 pm one evening and peculiarly another of the triplets died less than 24 hours later, both under Letby's watch.  Both of them had been in very good health and the deaths on consecutive days were causing staff considerable distress and shock, with the notable exception of Letby, who merely told one consultant that she would be back on shift the next day when she was asked if she was upset after the events of the two days.  This was not the first time that twins/triplets had collapsed within 24 hours of each other while under Letby's care, as two twins had experienced collapses on consecutive days in August 2015.  Only hours after one of the twins had died that month, the other became seriously unwell and it was only during the police investigation and after analysis of a blood sample that it was found that someone had intentionally poisoned the baby with insulin.  This evidence had been missing for two years.  The insulin, which had not been prescribed to the child, was identifiable as exogenous pharmaceutical insulin as C-peptide would be present in the specimen if the insulin had been produced by the baby Laboratory analysis also showed that 'Baby L' had been poisoned with insulin. This was also significant as only hours later his twin brother, 'Baby M', inexplicably collapsed while under Letby's care but managed to survive after thirty minutes of resuscitation.  It was believed that Letby had injected air into the latter's bloodstream. The prosecution also noted that, although by this point she was not supposed to work night shifts, Letby was caring for Child L as she specifically volunteered to do an extra shift to care for it, the prosecution arguing that she had seen an opportunity here to kill Child L where she had failed previously with Child F. Letby herself accepted at trial that the results showed that some victims had been deliberately injected with insulin and did not contest that someone must have administered it to them. The night after Letby tried to murder Child F she went salsa dancing.

Although the consultants made their desire to have Letby removed from duties known to hospital staff after the triplet incident, this was refused and the next day another baby almost died under Letby's care.  As well as in the two cases in which insulin poisoning had been proved, evidence provided by medical experts indicated that all the babies had been harmed intentionally.  This evidence was given by experts specializing in areas of pediatric radiology, pediatric pathology, hematology, pediatric neurology, and pediatric endocrinology, with two main medical experts who were consultant pediatricians. Letby was the only staff member on duty for every one of the 25 suspicious incidents.  As soon as she was removed from duty, the suspicious incidents stopped.  Importantly, it was discovered that Letby had falsified patient records, covering her tracks by changing the times some babies collapsed to make sure she could not be placed at the scene.  Criminal psychologist Dr. David Holmes states that the varied methods she used to attack her victims, such as insulin and air injections and overfeeding milk, would all have been specifically chosen as things that would dissipate and not be easily detected afterward.

On the fourth day of trial, the prosecution presented a handwritten note from Letby which said "I am evil, I did this," and that she "killed them on purpose" because she "couldn't take care of them." It further stated "I killed them" and "I'll never marry or have children, I'll never know what it's like to have a family". The defense argued that the note was "the anguished outpouring of a young woman in fear and despair when she realizes the enormity of what's being said about her, at the moment to herself" and said that Letby had written it when she was dealing with employment issues, including a grievance procedure with the NHS Trust. Several other notes from Letby were shown in court, two of which said, "Why/how has this happened – what process has led to this current situation? What allegations have been made and by who? Do they have written evidence to support their comments?" And, "I haven't done anything wrong and they have no evidence so why have I had to hide away?", both of which were Letby expressing frustration about not being allowed back to work in the neonatal unit. The police had also discovered that Letby had secretly kept medical documents at home relating to the care of the children. confidential hand-over sheets, resuscitation sheets, and blood gas readings were taken from the hospital and it was later concluded that she'd kept these as some sort of trophy, with her trial judge stating that she had kept these as 'morbid records' of her murders.  The sensitive documents, which should never have left the hospital, contained the names of the babies and the documents had been stuffed and hidden away in shopping bags under her bed.  One note of medications given to a baby boy who had managed to survive after being on the brink of death, written on a paper towel, was found under Letby's bed. Letby claimed at trial that she had no means of destroying the confidential notes, yet the court heard a paper shredder that could have done so was found in her home. Her diary was also found to be marked with the initials of the babies she killed on the exact days they died.  It was within this diary that the note that stated "I am evil I did this" was tucked inside.  Furthermore, more notes were discovered that contained phrases such as "I'm sorry that you couldn't have a chance at life", "I don't want to do this anymore", "how can life be this way?", "hate my life" and "help" in capital letters. The prosecution said the notes were evidently confessions of guilt, rather than just the words of a woman in "distress". These notes and documents had been found in searches of Letby's home in Chester and of her parents' house in Hereford.

Letby herself gave evidence to the court in May 2023, breaking down in tears and claiming she was made to feel as though she were incompetent but "meant no harm." When asked why she wrote "I am evil, I did this," Letby said, "I felt at the time that if I'd done something wrong I must be such an evil, awful person. I'd somehow been incompetent and had done something wrong which had affected those babies." Letby said that the allegations had negatively impacted her mental health, saying, "I don't think you can be accused of anything worse than that. I just changed as a person, my mental health deteriorated, and I felt isolated from my friends on the unit. From a self-confidence point of view, it made me question everything about myself." It was observed that Letby eventually began to lose her composure in the witness box, asking for several unplanned breaks.  It was also observed that she only broke down when talking about herself and the impact it had on her, which the prosecution said was "telling".  She had not shown any emotion about the fate of the babies.  It was also noted that she repeatedly contradicted herself, muddled up her story, and became more and more frustrated with the prosecution's questions, which was unlike her usual calm demeanor.

Verdicts and sentencing

On 10 July 2023, after a nine-month trial, the jury was sent to deliberate. Verdicts were returned by the jury on several days starting on 8 August, but it was not until the final verdicts were returned on 18 August that the verdicts were made public.

Letby was found guilty of seven counts of murder of seven babies. She killed them by injecting them with air, overfeeding them, poisoning them with insulin, and assaulting them with medical tools. She is the most prolific serial killer of children in modern British history.

Letby was also found guilty of seven counts of attempted murder of six infants. Letby was found not guilty on two counts of attempted murder. The jury was unable to reach verdicts on six further attempted murder charges. Nicholas Johnson KC asked the court for 28 days to consider whether a retrial would be sought for these six counts.

On 21 August 2023, Letby was sentenced to life imprisonment with a whole life order, the most severe sentence possible under English law; she is the fourth woman in UK legal history to receive such a sentence. Goss said that Letby committed "a cruel, calculated, and cynical campaign of child murder involving the smallest and most vulnerable of children." In closing, he stated, "There was a deep malevolence bordering on sadism [...] you [Letby] have no remorse [...] there are no mitigating factors [...] the offenses are of sufficient severity to require a whole life order."

Letby opted not to attend the sentencing hearing and as such heard neither the various victim impact statements which were read out nor her sentence being passed. In response, Alex Chalk, Secretary of State for Justice, wrote that the government will "look at options to change the law at the earliest opportunity" to compel defendants to attend their sentencing. Letby's parents, who had been present throughout her trial, also did not attend her sentence hearing. On 30 August 2023, Prime Minister Rishi Sunak announced that the UK government would introduce legislation to Parliament that would compel convicted criminals to attend their sentencing hearings, by force if necessary, or face the prospect of more time in prison.

After the trial, Lucy Letby was transferred to HMP Low Newton, a closed prison for women in County Durham.

Appeal

On 15 September 2023, the Court of Appeal Criminal Division confirmed that Letby had lodged an appeal against all her convictions.

Scheduled retrial

At a hearing on 25 September 2023, the CPS confirmed that there would be a retrial on one of the six counts of attempted murder against Letby on which the jury at the original trial could not reach a verdict. A date of 10 June 2024 has been set but the trial will not be conducted until after the Court of Appeal has considered whether or not to grant Letby's appeal against existing convictions.

Motives

During Letby's trial, the prosecution suggested several possible motives for the killings including boredom, that she "got a thrill" from the events surrounding the deaths, and that she enjoyed "playing God". The prosecution told the jury that "[s]he was controlling things. She was enjoying what was going on. She was predicting things that she knew were going to happen." Another possible motivation suggested by the prosecution was that the killings were to gain the attention of a married doctor with whom Letby allegedly had a secret relationship. She had texted this doctor 'non-stop' during some night shifts, minutes before attacking babies.  He was one of the doctors called when a baby rapidly deteriorated. Letby denied all these suggestions, including the allegation that she had a relationship with the married doctor. Among the notes that were found in Letby's home in police searches were declarations of love for the colleague. Some of the notes read "I trusted you with everything and loved you", "You were my best friend" and "Please help me". During her trial, it was noted that Letby broke down for the first time only when this doctor who she allegedly had a crush on gave evidence and she tried to leave the dock without permission at this point.  When questioned why she did this Letby said she had "felt unwell" and when questioned, she claimed she "didn't know" what 'go commando' meant, even though the doctor she allegedly fancied had sent it to her in an apparently flirtatious text, to which she replied to with laughing emojis.

The Guardian, in its reporting after the verdict, said that "[t]he closest the prosecution had to a confession" were post-it notes found in Letby's handbag after her arrest. The notes bore hand-written jottings, one of which read, "I killed them on purpose because I'm not good enough to care for them." During the trial, Letby denied this was a confession and that it was merely a reflection of her mental turmoil written while she was being investigated. The Telegraph also noted that she had suggested another motivation was her fear of never finding love or having children of her own, writing on the note: "I'll never marry or have children, I'll never know what it's like to have a family."

A former detective superintendent, the lead detective on the Beverley Allitt case of the 1990s, said that the number of parallels between the cases made him think that "it's almost as if somebody's read the Allitt book" and that Letby's crimes may have been copycats.  Allitt had attacked over a dozen infants in her care while working as a nurse in Grantham, England, and the methods used in the cases were apparently identical, with Allitt having also injected some victims with air and insulin and physically assaulting them.  It was believed that Allitt may have been motivated by what was then called Munchausen's by proxy, in which she harmed others to gain attention for herself and it may be that this also explains Letby's attacks.  Criminal psychologist Dominic Wilmott subscribes to this theory, commenting: "She wants to be involved in this case. She actually has the perfect opportunity not to be, right? So we expect most offenders to not want to get caught and to distance themselves from their offending behaviour. Beverley Allitt and Lucy Letby seemed to be injecting themselves into the inquiry, into the circumstances, so it shows that there's something else going on here." Just like in Letby's case, the hospital in Allitt's case was criticized for its slow speed of response. Fellow criminal psychologist Dr David Holmes agrees that Letby was motivated by Munchausen's. Criminologist David Wilson agrees that in Letby's case, Letby seemed to have a "hero complex". Witnesses had testified that Letby indeed looked for action, saying she found the less non-intensive care of babies "boring" and always wanted to be treating the most serious cases in the intensive care unit.

According to Wilson, healthcare killers like Letby "[have] already developed the desire to kill before they join the healthcare setting". Speaking on Newsnight, he said: "If you want to kill, of course you are going to identify vulnerable people. People whose deaths won't be noticed. And so guess what? The people that serial killers target, by and large, are older, or they target very very young people, specifically in a neonatal unit in this case, where again small babies with chronic underlying healthcare where their deaths won't be commented upon or seen as being suspicious".

Post-conviction

Further investigations

Following the verdict, it was reported that police were investigating whether Letby harmed other babies. There was a continuing investigation of suspicious incidents at the Countess of Chester Hospital involving around 30 other infants. Altogether, the records of 4,000 children are being looked into.  Although the jury was only asked to consider seven murder charges against Letby, there were a total of 13 baby deaths on the neonatal unit in Letby's final year working there and Letby was on duty for all of them. Since Letby stopped working at the Countess of Chester Hospital, there has only been one death in seven years in the unit, which has not since cared for such sick babies.  Even when it had cared for these sick babies, the ward had usually only seen two or three deaths a year.

Letby also worked at Liverpool Women's Hospital from 2012 through 2015 and police are investigating all neonatal admissions at that hospital during that time, including those of two babies who died while Letby was training there.  The families of several babies have been told that their child's birth at the hospital is within the scope of the investigation. Cheshire Police have said that further charges could "possibly" be brought against Letby as a result of these further investigations.

Independent inquiry

After Letby's conviction, the UK government ordered an independent inquiry into the circumstances surrounding the murders. The Department of Health and Social Care said the inquiry would examine "the circumstances surrounding the deaths and incidents, including how concerns raised by clinicians were dealt with." It was affirmed that the inquiry would be non-statutory, so witnesses could not be compelled to give evidence and inquests would still be necessary. The trust's medical director, chief executive, and the nursing director at the time of the murders all commented they would fully cooperate with the inquiry. The medical director retired in August 2018 and the chief executive resigned in September 2018 after signing a non-disclosure agreement.

Slater and Gordon, a law firm representing two of the victims' families, issued a statement calling for the inquiry to have the power to compel witnesses to participate since a non-statutory hearing "must rely on the goodwill of those involved to share their testimony." The need for a statutory inquiry was a view echoed by, among others, Sir Robert Buckland, former Secretary of State for Justice, Samantha Dixon, MP for the City of Chester, Steve Brine, chair of the House of Commons Health and Social Care Select Committee, Sir Keir Starmer, Leader of the Opposition, and the Parliamentary and Health Service Ombudsman.

The education minister Gillian Keegan said that the type of inquiry would be reviewed after the chair was appointed. On 30 August 2023, Health Secretary Steve Barclay announced that the inquiry had been upgraded to a statutory inquiry, describing it as the best way forward and meaning that witnesses would be compelled to give evidence Lady Justice Thirlwall will chair the inquiry.

Calls for regulation and reform

The British Medical Association, which represents doctors, called for a process for NHS managers and healthcare administrators to be held accountable for mismanagement, in a similar way to how the General Medical Council may strike off doctors who harm patients. A neonatal consultant who alerted administrators about his suspicions about Letby also called for regulation of healthcare management.

The Parliamentary and Health Service Ombudsman Rob Behrens, called for radical change to NHS management to prevent future similar occurrences.

Doubt about conviction

The Telegraph reported that some people have attempted to spread doubt and conspiracy theories about Letby's conviction, and a campaign to raise money for an appeal was started. The Telegraph said that the theory that Letby was innocent was "extremely hard to entertain" and "sounds like the kind of mad claim that swirls around dark corners of the internet long after a case is closed." The New Statesman criticized the large amount of 'true crime' content produced on the case and drew parallels with the events surrounding the recent disappearance of Nicola Bulley, stating: "The Letby case has demonstrated a trend of people believing – despite having zero expertise – that their personal opinions on a stranger’s innocence, guilt or appropriate punishment are relevant."

On 27 August 2023, the Independent reported that several of Letby's former hospital colleagues and friends do not believe that she is guilty. One close friend and colleague of Letby, who had always maintained her innocence, did reveal she had actually become convinced by the end of the trial that Letby was guilty and felt 'duped' by her, saying: "I have no doubt at all that she was guilty of these despicable crimes, having seen the reports of the evidence. I did not attend the trial so I had an incomplete picture until the verdicts were announced, and more detail provided." She added: "I was deceived, as were so many others."

Other reactions

Dewi Evans, a retired consultant pediatrician who served as a prosecution witness, has called for an investigation into the possibility of charges of corporate manslaughter in the Letby case.

The Royal College of Pediatrics and Child Health stated, "We must learn from these crimes and how Lucy Letby was able to bring harm to these babies so that no situation like this can ever happen again" and welcomed the independent inquiry. NHS England's Chief Nursing Officer Dame Ruth May issued a statement saying, "The NHS is fully committed to doing everything we can to prevent anything like this ever happening again, and we welcome the independent inquiry announced by the Department of Health and Social Care to help ensure we learn every possible lesson from this awful case."

On 21 August 2023, it was announced that the nursing director at the Countess of Chester Hospital at the time Letby was based there had been suspended from her job as a senior nursing officer at Northern Care Alliance NHS Foundation Trust with immediate effect, because of information that came to light during the trial. The Nursing and Midwifery Council subsequently announced she would face an investigation into her fitness to practice. She and other executives at the hospital have been accused of ignoring warnings about Letby.

It was reported that the British government was examining how Letby's pension could be stopped. The NHS pension scheme regulations provide for a forfeit of pensions after a conviction of certain crimes.

The Government announced that it would introduce new powers to compel convicted criminals to attend sentencing hearings.

 

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