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Will the conviction be overturned? New evidence says Nashville father didn't kill his son

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NASHVILLE, Tenn. (WTVF — When the baby arrived at Vanderbilt, he was unresponsive and intubated.

The first doctor who saw Alex Maze mistakenly described him as a full-term baby with an unremarkable medical history. The record shows a CT scan was performed on the baby's head. Vanderbilt's child abuse specialist was called in.

Alex died in 2000 and his parents are still reeling from being accused and convicted of killing their child. The science that placed one parent in prison is now being questioned decades later. The conviction review team looked over this case, and will ask a judge next week to dismiss the charges.

You can watch Part One of the Maze family story at this link.

Dr. Suzanne Starling noted bruising on the baby's head and abdomen, two different types of brain hemorrhage, and extensive retinal hemorrhages, bleeding behind both eyes.

"This is not seen with trivial trauma," Dr. Starling wrote. "It is most likely to be related to an inflicted injury."

According to a chronology written by the mother, Dr. Starling told her that Alex had injuries you only see with shaken baby syndrome or being thrown through a car windshield.

Police based their interrogation of Russell Maze, the father, on Dr Starling's opinion.

"My only reasonable explanation that I think that I could have done this, that would have been logical for me, and that would have been an accident, is walking in there, seeing my child, not breathing, and picking my child up and asking, 'Hey, hey, hey, what's wrong? Hey, hey," Starling wrote.

"Now, either you're lying to me or you're afraid to tell me the truth. I told you I'm not here to arrest you. I'm here to talk to you," police said during their interrogation.

"I know I don't have a lawyer present and you're writing everything down," Maze said. "But, you told me I wouldn't be arrested. When I saw the baby not breathing, I freaked. I picked him up, I shook him a little bit, and I freaked."

On May 13, 1999, 10 days after Alex was hospitalized, both parents were subpoenaed for a custody hearing. By May 28, the baby is released to foster parents who live an hour away. Almost a month later on June 22, the couple returns to court about custody, but their lawyer doesn't show.

The next day, according to Kay Maze, they are dragged out of bed at 1:30 a.m. to be arrested. Almost a month later, the couple returns to court about custody.

"You're implementing me," Maze said.

How am I implementing you? police responded.

"You're saying you. You're saying you. That's telling me that I've done it. Done what? Or I could have possibly have done it," Maze said.

A common reason for people to confess to a crime they didn't commit is what's called the false forensic ploy. And that's where an investigator tells a person that the scientific evidence shows that you did it. Baby Alex would never again live with his parents. In February of 2000, Russell stood trial and is convicted of aggravated child abuse. By May, Kay decides to plead guilty in an attempt to regain custody.

Alex underwent surgery for reflux and had tubes placed in his ears. In October of 2000, still in foster care, Alex Maze stops breathing again. He spends five days in the hospital before the court orders removal from life support — despite the parents' strong objection.

On Oct. 25, 2000, Alex died. The autopsy concluded it was a homicide, and blamed the baby's death on an injury inflicted at five weeks of age. What was an aggravated assault charge against the father is now murder.

What is happening 25 years later

The couple is still married, and their claims of innocence are now viewed through a new lens.

Five medical experts from various specialties have led to the review unit's conclusion that Alex did not die from abuse. He most likely was having strokes. There were abnormal red blood cells that couldn't have been caused by shaking.

One expert summed it up this way: Trauma is so unlikely, it should not be a consideration.

Add to that, one of the lead detectives has sworn under oath that Russell Maze’s statements were not a confession because Dr. Starling's diagnosis framed our investigation and left no other possibilities. Alex survived a total of 580 days.

His father has been serving a life sentence — of more than 9,000 days behind bars.