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Case over against man cleared in so-called shaken baby case

Getty-84611044_MIAMI - FEBRUARY 02_ A judges gavel rests on top of a desk in the courtroom of the newly opened Black Police Precinct and Courthouse M_002.jpeg
A judge's gavel rests on top of a desk in a courtroom. (Photo by Joe Raedle/Getty Images)

A prosecutor will not seek a second trial against a Battle Creek man who successfully challenged his manslaughter conviction in the death of his 5-month-old son.

Shawn Brown’s shaken-baby conviction was thrown out by the Michigan Court of Appeals in 2019 after he had served nine years in prison and was released on parole. The Michigan Supreme Court declined a prosecutor’s appeal.

Shawn Brown Jr. died in 2010. Brown told police that his son stopped breathing after he struck him in the back to relieve choking.

A forensic pathologist said the boy’s death was caused by traumatic brain injury. But doctors consulted by the University of Michigan law school said any injury was present days before Shawn’s death.