A Nashville medical examiner, whose testimony was pivotal in the conviction of a father for the death of his infant son, is now recanting his findings 24 years later. Dr. Bruce Levy, who previously testified that baby Alex Maze (legally named Bryan) died from shaken baby syndrome, has stated in an affidavit that his earlier assessment was incorrect, Pro Publica reported.
“I recant my trial testimony that Bryan Maze suffered from shaken baby syndrome,” Dr. Levy wrote in the affidavit. “If called to testify now, I would assert Bryan Maze’s brain, at the time of his death, showed no indication, to a reasonable degree of medical certainty, of prior trauma or abuse. Instead, the residual brain lesions viewed at autopsy more likely than not resulted from a natural disease process.”
Levy, who served as Nashville’s medical examiner for 13 years, now believes that Alex’s manner of death should be classified as “natural.” The Nashville district attorney’s office began reinvestigating the case in 2023 through its conviction-review unit after new scientific evidence suggested that Alex may have died from an undiagnosed medical condition, not from shaking.
Medical records revealed that Alex, who spent 13 days in a neonatal intensive care unit during his first five weeks of life, had several health issues, causing his parents to seek medical attention multiple times. Additionally, his mother, Kaye Maze, experienced a troubled pregnancy and premature birth, details that Levy was not aware of at the time of his original testimony.
“I do not believe many of these records were previously provided for my review,” Levy stated. His testimony had been critical in convicting Alex’s father, Russell Maze, of aggravated child abuse before Alex’s death, and later of murder. Russell was sentenced to life in prison, with prosecutors relying on shaken baby syndrome as the cause of Alex’s death.
At the original trials, diagnosing doctor Suzanne Starling testified that internal bleeding around Alex’s brain and eyes was consistent with violent shaking. “You would be appalled at what this looked like,” she told jurors, comparing the injury to what a child would suffer from a fall of three or four stories onto concrete.
However, after reviewing the medical examiner’s original file, Levy now refutes that testimony. “If called to testify today,” he stated, “I would refute the previous testimony of Dr. Suzanne Starling that Bryan Maze was definitely a victim of shaken baby syndrome.”
Levy’s recantation could be crucial in overturning Maze’s conviction, but the Tennessee Court of Criminal Appeals must first decide whether to remand the case to the trial court for further review.