Andy: Hello everyone, I'm Andy. Richard: And I'm Richard, how are we all doing? Andy: And we are back with more murdery bits. And there's quite a lot of murders today. Or is there? Richard: Ooh. Andy: We're to talk about... It's very cryptic. We're going to talk about a case that when it broke, I remember thinking to myself, this is definitely one that I have got no interest whatsoever in covering because it was fucking disgusting. Richard: Okay Okay. Andy: But as time has gone on, various aspects of the case have been brought into question. And now I believe is a good time to look at what happened in the case of Nurse Lucy Letby. Richard: ⁓ okay. Andy: the notorious multiple baby killer who is serving seven life sentences at the moment for 15 murders or 15 life sentences for seven murders. One of those. ⁓ Anyway. Richard: to eat. Right. Neither of them makes a huge amount of sense, but... Andy: No, we're talking American style justice here. But the question is, is it justice? That is the question. Richard: Yeah, but if she's doing f- Well, I think she's still fighting it, isn't she? Andy: She is not, but she has got a huge support group who are fighting on her behalf and it's basically growing by the day. But anyway, let us begin. So there are crimes that horrify because of their violence and there are crimes that horrify because of their setting. And this story firmly belongs in the setting. because it was a neonatal intensive care unit, which is meant to be one of the safest places in the hospital, any hospital. It's a space defined by routine, sterility, quiet voices, and incremental hope. Machines beep softly. Richard: a lot of beep beep beep Andy: Yes, exactly. Machines beep softly, nurses move with rehearsed precision, and parents watch the smallest of movements, a finger curling, a breath, as if each one might be a little miracle. And it was inside one of these such units, at the Countess of Chester Hospital in north-west of England, that a pattern emerged which would eventually lead to one of the most shocking criminal convictions in British history. At the centre of this story is Lucy Letby. Lucy was born in 1990 and raised in Hereford, a cathedral city near the Welsh borders. By all outward measures, her early life was pretty much unremarkable. She was described by teachers as conscientious and quiet. Friends later recalled her as shy, diligent and eager to please. She was close to her parents, particularly her mum, and she lived at home well into her adulthood. In 2011, so the age of 21, Letby graduated from the University of Chester with a degree in nursing, specialising in children's nursing. Soon after that, she began work at the Countess of Chester Hospital. By 2015, she was assigned to the neonatal unit, a level two unit caring for premature and vulnerable children, although not the most critically ill cases, which would normally be transferred elsewhere. Colleagues described her as competent and attentive, and she volunteered for extra shifts. She took photos of cards and messages that she received from grateful parents, and she kept handwritten notes, including reflections on difficult shifts in emotional days. Nothing about Lucy suggested what would come next. Between June of 2015 and June 2016, a series of collapses and deaths occurred on the neonatal unit. Some babies deteriorated suddenly and inexplicably. Others died after appearing stable. In several cases, resuscitation efforts were unsuccessful despite rapid response. And at first, these events were treated as tragic coincidences. The kind that happen in neonatal care where patients are fragile and outcomes can turn quickly. But over time, senior doctors began to notice patterns that troubled them. One consultant, a neonatalologist, would later testify that he'd never seen so many unexpected collapses in such a short period. Another recalled a growing sense of dread. when starting a shift, unsure of what might come next. By early 2016, some doctors had begun to privately ask an unthinkable question. Was someone hurting these babies on purpose? And their suspicion, they said, centered increasingly on Lucy Letby. Part of what drew attention to her was statistical. Letby was present on duty during many of the incidents. In some cases, she was the only nurse present at the time of the collapse. Doctors began to track dates and names on spreadsheets, trying to make sense of what they were saying. But correlation isn't causation. And at the time, hospital management wasn't convinced. When consultants raised concerns, were initially told to stop speculating. They were advised that mortality rates, while higher than usual, were not conclusively abnormal. Letby herself was described as upset by the accusations and was temporarily moved to administrative duties, not suspended. Richard: ⁓ yeah. See, no NHS manager is going to want to have to face the fact that something like that is happening in their hospital. Andy: For one thing, they're not even qualified to assess that. Richard: No, they're not. Absolutely. Most of them have no medical training whatsoever. And as far as I can see, not a lot of accounting or managerial skills either. Andy: mode. Well, that's part of that is the qualification for being a manager in the NHS. ⁓ Richard: Indeed. Andy: Behind the scenes at the time, tensions were escalating. Doctors were pushing for a police investigation. Management resisted. Worried about reputational damage and lack of concrete evidence. Meetings were held, emails exchanged. The unit underwent internal reviews and external agencies were consulted. Meanwhile, the deaths continued. Richard: Even though she's not on the ward now. Andy: In June of 2020, Even though she's not specifically on the ward, but she is still in the hospital. In June 2016, following the death of two of a set of triplets, boys, one of whom survived, the hospital finally contacted Cheshire police. What followed would become one of the largest and most complex murder investigations in British medical history. Police began a painstaking review of medical records, staffing rotas, drug charts and lab results. They exhumed bodies. They consulted medical experts across neonatology, pathology and pharmacology. Lucy Letby was arrested for the first time in 2018, so two years after the investigation started. She was then released without charge. She was arrested again almost a year later in June of 2019. and released. The third arrest followed in November of the next year, 2020. Still no charges. Now throughout this period, Lucy maintained her innocence. She cooperated with police interviews. She answered questions calmly, often saying that she couldn't recall specific incidents years later, which is fucking quite right. I can't recall specific instances from last week. Richard: Absolutely. Yeah, indeed. Indeed. Andy: Then in November of 2020, detectives searched her home. There they found handwritten notes, fragments of her thoughts scribbled on paper. One note would later became famous. It said, I am evil. I did this. Another read, I killed them on purpose because I'm not good enough to care for them. And that trial Richard: That second one's a bit damning. Andy: Is it at trial, the prosecution would describe these notes as confessions. Now, I would suggest that that could also be deciphered as an introspective look at your own worth. I didn't do enough to save them. I couldn't help them. Therefore, it's my fault. Richard: Well, ⁓ that's pushing it a bit. Hold on, you're freezing out. Come on unfreeze. Andy: But we'll see. Richard: Ugh. Andy: Are you still with me? Because you've kind of frozen. Richard: Yeah, you you're just frozen and I can't hear you at the moment. Andy: Okay, you're sort of back. Richard: There we go. Yeah. So, yes, the notes suggesting they were confessions. Andy: Yeah, well, they didn't suggest they said that is a confession. The defense would later describe them as expressions of distress, guilt and self-loathing written during a period when Lettby believed she was being blamed for events beyond her control. And I can see that. In November 2022, Lucy Lettby went on trial at Manchester Crown Court. She was charged with the murder of seven babies and the attempted murder of 10 others. Later amended to additional counts covering incidents between 2015 and 2016. And the trial itself would go on for 10 months. Excuse me. Swedish winter. The jury. would hear from dozens of witnesses, doctors, nurses, patients, police officers and medical experts. They would examine complex scientific theories involving air embolisms, insulin poisoning, overfeeding and physical trauma. They would review charts, x-rays, blood test results and post-mortem reports. At its core, the prosecution's case rested on three pillars. First, presence. Lucy Letbee was repeatedly on shift when babies collapsed. Second, mechanism. Experts argued that the collapses were consistent with deliberate harm and not natural causes. And the third, intent, suggested by patterns of behavior, alleged targeting of twins and triplets, Facebook searches for parents, and the handwritten notes found at her home. The defense countered each point. They argued that the unit was understaffed, under-resourced and operating beyond its designated capacity. That senior doctors made mistakes. Richard: That's almost a given these days, isn't it? Andy: Yeah, yeah, obviously. That data was being retrospectively shaped to fit a narrative and that no one had ever seen let be harm a child. But there was no direct evidence, no eyewitnesses, no CCTV and no definitive forensic proof. And yet, in August 2023, after days of deliberation, the jury returned guilty verdicts on multiple counts. Lucy Letby was sentenced to whole life imprisonment, which is the harshest you can get under British law. The judge described her actions as cruel, calculated campaign of child murder. And for many members of the public, the case was closed. But for others, it was only just beginning. By the time Lucy's trial had begun, the story had already been framed in very stark terms. A trusted nurse, a vulnerable population, a hidden killer operating in plain sight. But juries are not asked to judge narratives, they're asked to judge evidence. And in this case, much of that evidence was highly technical, deeply complex and crucially, contested. At the heart of the prosecution's case, Richard: And she'd already been found guilty by the British media anyway. The papers had already found her guilty. Yeah, yeah, yeah. Andy: Yes. Yeah, basically the sun who only pronounced it. At the heart of the prosecution's case was the claim that many of the babies had not died of natural causes at all, but had been deliberately harmed using subtle methods designed to leave little trace. The most prominent of these alleged methods was air embolism. And air embolism occurs when air enters the bloodstream and travels to the heart or brain, disrupting circulation. In adults, it's rare. and often associated with major trauma or invasive procedures, i.e. a doctor's fuck-up. In neonates, ⁓ whose blood vessels are tiny and fragile, even small amounts of air can be catastrophic. The prosecution argued that Letby had injected air into babies' veins or arteries through intravenous lines. They pointed to sudden collapses, Richard: Yep. Andy: mottled skin patterns and unexpected cardiac arrests as signs consistent with this mechanism. One expert witness described a distinctive rash, Apache purplish discoloration, sometimes referred to as an air embolus rash. In several cases, witnesses testified that this mottling appeared shortly before death. However, there was an immediate problem. Air embolism is notoriously difficult to diagnose after death. It leaves no definitive forensic marker. It's often a diagnosis of exclusion, meaning that it's concluded only after every other explanation is ruled out. No post-mortem in the Letby case definitively identified air embolism as a cause of death. Instead, the prosecution asked the jury to accept that the pattern of collapses combined with Letby's presence was sufficient to infer deliberate injection of air. Alongside air embolism, the prosecution alleged insulin poisoning in two cases. In these incidents, Babies were found to have dangerously low blood sugar levels or hyperglycema, despite receiving dextrose. Blood tests later showed abnormally high insulin levels relative to C-peptide, marker the body produces when it makes its own insulin. The prosecution argued that this biochemical profile proved that synthetic insulin had been administered. And this was one of the strongest elements of the case. Insulin is not routinely prescribed to neonates in that unit. The babies are not diabetic. The presence of exogenous insulin, the prosecution said, could only be explained by deliberate poisoning. And the defence didn't dispute the blood test results themselves, but questioned their interpretation. storage and context. They argued that the samples were not taken with forensic rigour in mind, that lab processes were not designed to support criminal interference and that no insulin syringe or residue was ever found. Still, for many observers, the insulin cases were persuasive. Other alleged methods included overfeeding, causing gastric rupture or respiratory collapse, and physical trauma, such as force applied to the abdomen or interference with breathing tubes. Again, nothing that was witnessed. Instead, the prosecution built its case by case, inviting the jury to see each unexplained deterioration as part of a broader sinister pattern. Lucy Letby, they said, was the common denominator. The defence responded with a very different picture. They argued that the neonatal unit was in crisis during the period in question. It was caring for babies who were sicker than its designation allowed. Staffing levels were stretched. Senior consultants were not always present overnight. There were delays in transferring critically ill infants to specialist centres. In several cases, Defence experts suggested that babies had underlying infections, congenital problems, or complications of prematurity that were either missed or underestimated. They also pointed to inconsistencies in medical notes, retrospective reinterpretation of symptoms, and the danger of outcome bias, judging past decisions more harshly once the death has occurred. And then there was the... Statistical evidence. Richard: See the CCTV now presumably they've got CCTV on this ward. Andy: Now, in 99 % of cases... Not necessarily in those days. In 99 % of cases. Let me make this point. In 99 % of cases, 83.2 % of all statistics are 32 % probability wrong. Richard: Yeah. Andy: Ruin my best joke of the episode. No, CCTV, even though it's in 2015, it would have been probably quite prevalent. I'm not certain if there was CCTV in the baby unit and if there was, it clearly didn't show anything evidential, otherwise it would have been produced. Richard: No. Andy: So it's quite possible there was CCTV, but it wasn't useful for the prosecution. Now the prosecution highlighted how frequently Letby appeared on shift during these collapses. Charts were shown to the jury demonstrating a striking overlap. But the defense warned of the Texas sharpshooter fallacy, drawing a target around a disaster after shots have already been fired. They argued that Letby worked more shifts than many of her colleagues and particularly Knights. that she was often assigned to the sickest babies and that data had been selectively assembled after suspicion had already fallen on her, no independent statistician testified for the prosecution. The jury then was asked to weigh probability against coincidence. Beyond the medical evidence, the prosecutor sought to establish intent, a motive, or at least a psychological explanation. They highlighted Letby's alleged attention-seeking behaviour, her presence at resuscitation even when she wasn't assigned, which I would just call good nursing. Richard: Mm-hmm. Andy: Keeping of mementos, her Facebook searches for parents of deceased babies, sometimes years later, which I would call survivor's guilt. Richard: Yeah, it's a distinct possibility. Andy: You know, I think about things and people years later and sometimes I'll stalk them. Richard: I don't suggest that she's stalking. Maybe she's just curious as to how they're doing. She's got to be aware of how devastated these parents are. Andy: I'll never admit it. Exactly. probably more than most people. Richard: Yeah, exactly. Absolutely. Andy: So they argued that she enjoyed being at the centre of drama, the nurse who stayed calm in crisis, which I would say is her job, who comforted grieving parents and who appeared indispensable. The handwritten notes found at her home became central to this argument. In court, jurors saw enlarged photographs of the scraps of paper filled with looping handwriting and chaotic thoughts. I'm evil, I did this. Richard: Mm-hmm. Andy: I killed them on purpose. I don't deserve to live. The prosecution called these admissions, but the defence said they weren't anything of the sort. They were the anguished writings of a woman who believed she was being accused of something horrific, who felt crushed by guilt even if she was innocent and who was spiralling psychologically. Letby herself took the stand. Over many days of testimony, she denied harming any baby. She said she loved her job and she said she was proud of her work. She said the notes reflected self-hatred, not confession. The prosecution, of course, accused her of lying. The jury were watching, listening and taking notes. When closing speeches ended in August of 2023, the judge reminded jurors that this was not a popularity contest, nor a referendum on healthcare failures. And it wasn't a trial of the NHS. It was a trial of one woman. And after more than 100 hours of deliberation, the verdicts came in. Guilty. Seven counts of murder, multiple accounts of attempted murder. Some counts were undecided and some were acquitted. The sentence. Richard: Were they ⁓ unanimous? Andy: They don't need to be, they need to be majority, which is 10 to 20. Richard: The nine, yeah, it's 10, okay. I'm just curious, because, you know, were there anybody who clearly thought she was innocent who... Andy: It took him a hundred hours. I'm guessing there were a lot of people on her side. Richard: Yes. Andy: The sentence was whole life imprisonment and Lucy stood in the dock expressionless. Outside the court, parents were weeping, headlines declared justice had been done. Politicians, of course, spoke of betrayal and evil. They should know. Richard: Absolutely. Andy: The public reaction was visceral and final. But even before the trial had ended, and certainly in the months after, quieter conversation began to grow. A conversation amongst statisticians, clinicians, lawyers and journalists who asked an uncomfortable question. Which was, of course, what if the jury got it wrong? When the jury returned to court in August 2023, they didn't deliver a single verdict. Instead, the outcome was fragmented. Guilty on some, not guilty on others, and no verdicts at all on several charges. And that mattered. Lucy Letby was convicted of the murder of seven babies and the attempted murder of others. But the jury couldn't reach verdicts on every single charge that the prosecution brought. In a number of cases, They were unconvinced beyond reasonable doubt. So she was acquitted of those charges. To the prosecution, this demonstrated the jury's care and discernment, proof that they had weighed each allegation individually. But to critics, it raised an immediate question. If the same nurse, the same unit, the same alleged methods and the same time period produced different outcomes in the jury room, what distinguishes certainty from doubt? The judge, you'll love this, Mr. Justice Goss. The other brother. Richard: I was gonna say yes. Andy: Imposed the whole life order, ensuring Lettby would never be released. In his sentencing remarks, he described her actions as cruel, calculated and cynical campaign of child murder driven by a desire for attention and control. Lettby wasn't present in court for the sentencing. Her legal team immediately indicated their intention to appeal. Under English law, appeals against conviction must generally identify a legal error. not simply argue that the jury got it wrong. The Court of Appeal doesn't just rehear trials, it examines whether the original proceedings were fair and lawful. In Letby's case, early appeals focused on alleged misdirections to the jury and the admission of certain expert evidence. In 2024, the Court of Appeal rejected her application. ruling that the trial judge had acted appropriately and that the jury had been entitled to each of the conclusions that it did reach. For the legal system, the case was now effectively closed. But outside of the courtroom, something unusual was happening. Instead of fading into the background, the Letby case began to attract sustained scrutiny, not from campaigners or conspiracy theories. but from mainstream professionals. Neonatologists quietly questioned the medical theories used at trial, statisticians raised concerns about how patterns have been interpreted, and journalists began publishing long-form investigations suggesting alternative explanations had not been fully explored. Importantly, many of these critics were careful to stress what they were not saying. They were not claiming that Lucy was innocent and they weren't accusing the jury of incompetence and they weren't denying the tragedies of the death. They were asking whether the evidence could support the certainty of the verdicts and that distinction is crucial. In the British legal system, guilt has to be proven beyond reasonable doubt and that doesn't mean beyond all doubt. But it does mean that if there is a realistic alternative explanation consistent with innocence, a conviction shouldn't stand. The growing debate was not about sympathy for Lucy. It was about standards of proof in cases built largely on inference. By late 2024, this debate had reached Parliament. Questions were raised about hospital governance, about whistleblowing, about how medical error, systematic failure and criminality are distinguished. The case had become larger than just one woman. It was now about how modern justice handles complex scientific evidence and how easily narratives can solidify once a suspect is identified. So every miscarriage of justice begins the same way, not with proof of innocence, but with a bit of discomfort, a sense that something doesn't quite add up. In Lucy Letby's case, that discomfort has come from several directions at once. Statistics, medicine, and law converging on the same concern was inference mistaken for evidence. So if we start with the statistics. The prosecution repeatedly emphasised how often Letby was present during the collapses. Charts were shown, percentages cited, the implication was clear. Coincidence couldn't explain this pattern. But statisticians who later reviewed the case noted a fundamental issue. The data wasn't analysed prospectively. It was analysed after suspicion had already focused on Letby. And that's a classic statistical trap. If you look back at a cluster of rare events and ask who was present most often, someone will always emerge, especially in a small unit with uneven shift patterns. Lucy Letley worked many night shifts. She was often assigned to the most sick of the infants and she frequently volunteered for extra hours. And those factors alone increased her statistical exposure. Richard: Mm-hmm. ⁓ yeah. Mmm. Yep. Andy: Crucially, no probability model was presented to the jury showing how likely the observed pattern would be under normal conditions. Instead, the jury was left to rely on intuition, and intuition is notoriously unreliable when dealing with randomness and clustering. Next, there was the medical evidence. Richard: Coincidence happens a lot more than people think it does. Andy: Yes, it happens all the time. Richard: Yeah. Sorry. Yeah, yeah. I mean, bizarrely enough, I was telling my daughter yesterday, so years ago now, I got on the tube in London, sat there reading my book, woman sat opposite me, got off the tube, did something for half an hour, got back on the tube, found myself sitting opposite the same woman again. got off the tube, did something, think went for a job interview, got back on the tube, same woman. Now on this occasion, well, I don't think she was talking me, but understandably, just as the train doors were about to close, she clocked me, got off the train, and I thought to myself, that's fair enough, because the likelihood of you ending up in the same tube carriage. Andy: You know that's not a coincidence, don't you? Yeah. Richard: with the same person three times over a period of five hours in central London is pretty bloody slim. But it does happen. Andy: So basically she saved her own life that day. Richard: No, I was as amazed to see her as she was to see me. And I can understand why she thought to myself, he's following me. Yeah, yeah, yeah. I would have been as well. But it just shows that coincidence is something that, know, because the odds on the same two people being in the same two carriages three times over a period of hours in London, I mean, the odds must be, yeah. Andy: Yeah, she was frightened. They're very small. Richard: But you know, it does happen. Andy: Clearly. And it's quite amazing that she actually recognized you all three times or put that together in her own head because whenever I was on the tube, if you'd have asked me who was standing next to me, I couldn't answer. Richard: Hmm. Yeah. But then, you know, this was the nineties and my guy was shaved head and ⁓ Ming the Merciless pointy beard possibly stands out more than your average bloke. Andy: Probably, especially wearing a balaclava and carrying a knife. Richard: Do you think that's what gave it away, huh? Andy: That was what caused the screaming. Richard: You Andy: So anyway, we'll move on to the medical evidence. The air embolism theory has been one of the most controversial aspects of this case. Several neonatal specialists have since pointed out that the signs cited, the skin mottling, the sudden collapse and the rapid deterioration, are not specific to air embolism. They can occur in sepsis, respiratory failure and extreme ⁓ prematurity. However, the so-called air embolus rash is not even a formally recognized diagnostic sign in neonatology. It doesn't appear in any standard textbooks as a reliable indicator of deliberate air injection. In other words, the prosecution's experts were interpreting ambiguous symptoms through the lens of criminal suspicion. Richard: Yeah, that sounds well dubious. Andy: It's very dubious. The insulin cases, while stronger, also raise questions. Yes, the biochemical results suggested exogenous insulin, but critics asked how secure were the samples? How rigorous how rigorously was chain of custody procedure followed? Could lab artifacts or degradation affect the insulin to C peptide ratio? and no forensic insulin analysis was ever conducted. No insulin vial was ever linked to Let B and no witness ever saw her administer it. Once again, inference filled the gaps. Then there's the issue of alternative explanations. The neonatal unit was found to have severe staffing shortages, inadequate senior cover, and problems with infection control. Some babies had undiagnosed conditions, others deteriorated during periods of extreme workload stress. Yet once let B became the focus, these factors receded into the background. The phenomenon is known as confirmation bias, the tendency to interpret new evidence in a way that just confirms an existing belief. Richard: Hmm. Andy: Emails and notes disclosed after the trial suggest that once suspicion crystallised, data was filtered through that suspicion. Events that didn't involve Let B were downplayed and events that did were highlighted. And then there's finally the notes. I am evil. I did this. To many listeners, that does sound like a confession, but psychologists have pointed out that such statements are common. in people experiencing acute distress, depression or moral injury, particularly when they feel blamed for harm, even if they didn't cause it. The notes also contained contradictions, denials and expressions of confusion, but they weren't deemed coherent admissions, they were just emotional fragments. And yet they were shown to the jury as if they spoke plainly. None of this proves that Lucy Letby is innocent, but it does suggest that the case against her may be far less solid than the finality and the verdict. ⁓ Jesus, your, don't use your mouth when you're climbing my legs. Jesus. ⁓ guilty. Richard: You Ouch. Andy: Yeah, luckily I'm wearing jeans. If I was wearing me short I'd be covered in blood right now. Richard: Yep. Andy: So, as a completely lost rose, yeah, none of it suggests he's innocent, but it does suggest that the case against her is a lot less solid than what the verdict implies. Where you gone? Where you hiding? You waiting to jump on me again? nasty piece of work. You're a good boy really, aren't you? Yeah, show me your ass. There he is. When an expert witness speaks... It's usually one of the most powerful forces in any courtroom because authority. Especially if that expert has decades of experience, impressive credentials, and a calm certainty. Juries tend to listen. They're meant to. The justice system depends on expertise to interpret evidence that ordinary people just don't understand. Richard: Mm-hmm. didn't we cover a case where there was, I think it was a coroner that was used regularly for expert evidence and about 20 years later he was utterly discredited as being basically a moron. Andy: And he wouldn't be the only one. Unfortunately, I have this discussion with Mark regularly on our podcast about experts. If anyone is described as an expert, I immediately want to talk to somebody else. Richard: No, course you won't be. Yeah. Mm-hmm. And most of the experts I've met are just full of shit, to be perfectly honest with you. Andy: Same with doctors, know, as soon as doctors are involved, they don't get the fucking built in worshipful respect from me. They get right. We're going to start you off in the box labeled moron and you have to work your way up from there. We one of our ⁓ stories this week was about the radium girls. Richard: Mmm. Mm-hmm. ⁓ yeah, yeah. Andy: who were painting the watch dials and the medical experts at the time, once radium had been sort of discovered, started adding radium to health tonics because if it made you glow in the dark it must be good for you. Richard: Yeah. Yes, you could buy tablets, radium tablets at the time. Yeah, yeah, yeah, yeah. Yeah. Andy: Well, yes, this is medical, this is medical fucking experts for you. The same people who were feeding people mercury and all right, fair enough. did, they did sometimes give you cocaine if you had ghosts in your blood and I can appreciate that. But, but that not enough to warrant calling them fucking experts. You can fuck off. A bunch of morons. In fact, Richard: Yes. No! Yep. Andy: They are worse than the witches that were burned at the stake because medical people are responsible for more deaths on this planet than anything else. Richard: Yep. Andy: and they should be held to book. Richard: ⁓ damn right. Andy: So anyway, that's my doctor expert opinion out the light. Richard: No, I was a lovely quote I read somewhere described a man as a so-called expert somebody said he's an expert in his field and The response was no. He's an expert in his own mind Andy: Exactly, in his own lunchtime. Richard: Yeah. Andy: Well, as you'll see in this case, expertise has limits. And when those limits are not clearly explained, expert opinion can quietly harden into something it was never meant to be. In the Lucy Letby trial, expert evidence didn't simply support the prosecution's case. In many respects, it created it. Take air embolism again. The prosecution's neonatal experts did not testify that air embolism was definitely proven. Instead, they testified that it was the most likely explanation given the circumstances. Richard: Mm. That's vague ass. Andy: It's not only vague as it's also pointing you in the direction they want you to go. It's the most likely explanation. What don't you understand about that? sudden collapses, skin discoloration, lack of alternative diagnosis. It must be air embolism. I'm an expert. The distinction is subtle, but critical. Richard: Yeah, yes. Andy: Most likely in medicine doesn't mean beyond reasonable doubt in law. Medicine operates in probabilities and working hypotheses. Law demands exclusion of realistic alternatives. Several clinicians reviewing the trial transcripts later pointed out that the experts were often asked questions framed in a way that pushed them towards criminal conclusions. For example, if the collapse was not caused by natural disease, what could explain it? And that framing already assumes what's meant to be proven. Once natural causes are deemed unlikely, Richard: Mm-mm. Andy: of them retrospectively, deliberate harm begins to look inevitable. Can you stop? He's being naughty. This isn't dishonesty as such, it's human reasoning under pressure. Experts aren't immune to context. When they know that they're assisting a murder investigation, their interpretations shift, often unconsciously. Ambiguity becomes suspicion and uncertainty becomes inference. They want to look as though they know what they're talking about in public. Another concern raised by critics is expert monoculture. Most of the prosecution's expert witnesses were drawn from a relatively small professional circle. They shared similar training backgrounds, similar assumptions, probably went to the same fucking school, similar views about what constituted abnormal outcomes. The defense, by contrast, struggled to present equally authoritative counter-experts, not because such experts didn't exist, but because challenging the narrative of a baby killer carries professional and reputational risks. Several neonatologists have since said they were privately sceptical of the prosecution's theories but were very unwilling to testify. Silence in these cases is not neutrality, it's absence, and absence shapes outcomes. Then there's the issue of retrospective Richard: Yes, shame none of them did speak up, ⁓ Andy: Well, this is the thing they are speaking up now, finally. And we'll get to that. Then there's the issue of retrospective diagnosis. In medicine, diagnosing cause of death years after the fact based on notes, recollections and incomplete data is inherently fraught. Memory fades, notes are interpreted through later knowledge. Minor anomalies become significant. Richard: Good. Andy: because they're being looked for. In Letby's case, some postmortems were conducted without any suspicion of foul play. Later, those same findings were interpreted once a criminal narrative had emerged. And that is not fabrication, it's reinterpretation. But reinterpretation isn't the same as discovery. Another major pillar of the prosecution's case was the alleged targeting of twins and triplets. Several of the charged incidents involved multiple births, one twin collapsing after another or a surviving sibling following a death. The prosecution suggested that this demonstrated intent, planning and pattern, but alternative explanations exist. Multiple births are inherently higher risk. Twins and triplets are more premature, more fragile, Richard: Mm-hmm. Andy: more likely to share genetic vulnerabilities and infections. They are often treated together by the same staff using the same protocols. A bad outcome in one sibling increases monitoring and intervention in the other, which paradoxically increases the chance of adverse events being noticed, documented and escalated. Pattern again. These do not equal intent. What made the Letby case particularly vulnerable to overconfidence was the absence of direct evidence. There was no eyewitnesses. There was no CCTV. That answers that question. There were no intercepted communications. No physical act was observed. The entire case was built on reconstruction. And reconstruction... Richard: Mmm. And you've got to figure, if there's CCTV, if she's killed this many babies, at some point or another something suspicious is going to appear on CCTV. Andy: I would say that after six months of unexplained baby deaths, CCTV should be installed that very morning. ⁓ You can't just fucking throw a nurse to the wolves and say as a hospital we're disgusted and horrified. Richard: But then, you know, there's been other cases, many, many other cases, hasn't there, where the NHS Trust has turned out to have been hiding shit? Andy: Yes, they will always protect. It's like the police force. They will always protect their own. No matter how fucking heinous the crime, they will try their hardest not to prosecute a brother officer. Richard: Yeah. Yeah. Mm-hmm. Well, this is management. Obviously, throwing a nurse to the wolves is acceptable as long as the management of the NHS Trust do not come under any scrutiny. Andy: Well, exactly. want to manage their reputation. We can't lose our standing as a five-star trust. Richard: Mm-hmm. Andy: So reconstruction can be powerful, but it's also dangerous when it's layered upon itself. When presence becomes suspicion and suspicion shapes interpretation and that interpretation itself reinforces belief. And once belief sets in, every new piece of evidence is filtered through it. And this dynamic has appeared before. In the late 90s and early 2000s, several British mothers were convicted of killing their kids. based largely on expert testimony about statistical improbability and medical interpretation. Names like Sally Clark, Angela Cannings, and Donna Anthony now stand as warnings. In those cases, experts testified confidently that injuries that juries convicted appeals fouled until they didn't. Years later, Courts acknowledged that the flawed statistical reasoning and the overconfident medical opinion had sent innocent women to prison. Yeah. And the Lucy Letby case is not identical, but the parallels are very uncomfortable. What makes this moment different is that doubt is emerging early, not decades later, and it's emerging not from fringe voices. Richard: This is cost death syndrome. I take it. Yeah. Andy: but from within medicine and science itself. The question now is not whether Lucy Letby deserves sympathy. The question is whether the system allowed certainty to outpace evidence. Human beings are storytelling animals. We look for coherence. We connect dots. We prefer a single cause to a messy web of factors. And when tragedy strikes repeatedly in one place, we instinctively search for agency. a monster, someone to blame. In the countess of Chester neonatal unit, deaths clustered. And clusters are terrifying because they're not natural and they demand explanation. But in complex systems, hospitals, ICUs, neonatal wards, clusters happen. And they happen because risk isn't evenly distributed. Because staffing fluctuates, because vulnerable patients arrive in waves, because small failures compound. Accepting this is emotionally difficult, it feels cold, it's unsatisfying. A villain, by contrast, makes sense of everything. So once Lucy Letby was identified as a suspect, the narrative snapped into space. The quiet nurse, the smiling professional, the hidden darkness. Every action was reinterpreted. Her staying late became suspicious instead of caring. Her volunteering became opportunistic instead of. what's the word I'm looking for? When you want to apply yourself. Richard: ⁓ Well, yes, I'm not sure what word you're looking for, but it suggests somebody who took their job seriously rather than somebody who wanted to sky-volve for every opportunity. Andy: I'm not using it often. Anyway. Yes, she wanted to be there because they were there doing the job they loved. And her kindness became performative. Even her silence was read as deceit. Narratives are powerful because they flatten complexity and they allow institutions to exhale. If one person is responsible, then the system is not. If a murderer is at work, Richard: Mm-hmm. Yeah. Andy: when understable resource strain, misdiagnosis and governance failures recede well into the background. This doesn't mean that Lucy Letby was scapegoated deliberately. Richard: I'm sure. I was going to say, I'm sure there are police forces who have been looking for serial killers and it actually turns out they've had a spate of very similar murders that are completely separate. Because again, coincidence like that can happen at times. Andy: Yeah, and once you choose to investigate down a set avenue, i.e. serial killer, you collectively dismiss any other theory. Richard: Mm-hmm. Yeah. Yeah, absolutely. Andy: But in this case, it means the story served too many needs at once. For grieving parents, it provided an answer. For the hospital, it redirected the blame. For the public, it reaffirmed moral order. And for the justice system, it demonstrated resolve. But justice is not theatre, and closure isn't the same as truth. As one legal scholar put it, the danger is not that juries are careless, it's that they are human. They must decide, they must choose. And when faced with an expert confidence, emotional testimony and repeated tragedy, doubt can feel like betrayal. There's a lot to this, I'm hoping we can get through it. It might be a little beyond our normal hour, but I'd rather do it in one sitting. Richard: Mm-hmm. Andy: And once the jury has spoken and appeal has failed, the justice system treats the case as settled. Legally, Lucy Letby's case is settled. And now after I've just said that, I've noticed we're almost at the hour. And I should ask you if you're willing to continue or if you want to make this a two-parter. Richard: How much longer is it going to take? Because obviously I've got the spraw coming home soon. Andy: We have a bit to go. I don't want to lie. Richard: Maybe we should make a make it a two-parter then rather than rush through it because of this is this is you know This is a very very serious It's very serious case Andy: It is, I don't want to rush it and I don't want to skip any bits because it is all very important. So we'll leave it there now and we'll come back ⁓ to this part at the beginning of our next episode. It is a very serious case. And even when we finished describing the case, there'll still be some discussion to get through. So easily another episode. So thanks for listening everyone so far. Richard: Yeah. Yeah. Yes, indeed. Andy: Keep an open mind. Whether or not she's innocent isn't the question here. The question here is, was she sent to prison for the right reasons? Richard: you Andy: And if she was sent to prison for the wrong reason, how many other people? And it always seems to be these cases where they get the harshest sentences. It's like they're making an example of the worst prosecuted cases that they possibly can. Richard: Yes, indeed. Well, again, it's humanity has this insistence that our children and our babies are so important and we're so horrified at the idea that a woman could murder babies in a hospital. Yet, all of us turn a blind eye to our country selling weapons of mass destruction that kill babies in Syria and just all over the goddamn world. Andy: blow up children. And we will also advertise on Facebook for a complete stranger to watch our babies for five pounds a day. And it's meant to keep them safe in our own homes. Fucking bumping in the crits. Anyway. Richard: Yep. Mm-hmm. Yep. Yeah, indeed. But I'm sure there will be more of this discussion next episode. Andy: Yes, thanks for listening. ⁓ Horrible story, horrible outcome so far. And we'll see if we can get to the bottom of anything at all in this episode. Same time, same place next week. In the meantime, have yourselves a great week and just, I don't know, just don't go killing any babies like Lucy Letbe or did she? I'm not sure. We'll see you same time, same place. Laters. Richard: Total pip.