CENTRAL ISLIP, N.Y.
Amid the commencement of the trial on Long Island, charges against a Holbrook nurse accused of mishandling a newborn last year have been dropped.
The nurse was terminated from her position after the incident was recorded on camera.
A father, proudly recording his two-day-old from the NICU window at Good Samaritan Hospital, was shocked to witness the nurse, as described by the Suffolk DA, forcefully pushing the baby face down into the bassinet.
Amanda Burke faced charges of endangering the welfare of a child, which were dismissed on Monday.
"I'm relieved that it's finally over. It was a nightmare," expressed Burke. "I felt harassed, with people showing up at my door and sending emails. I have an 8-year-old, and I was genuinely concerned for her safety. It was a nightmare."
Surrounded by her family, Burke was embraced by her lawyer, who revealed that they had been seeking a dismissal since February '23, when she acknowledged flipping the baby by its diaper.
"We are thrilled for Amanda... because Amanda should never have been charged," defense attorney Robert Gottlieb said. "They most they could say was that turning the baby over by the diaper was negligence, but it didn't even rise to the level to issue a warning to sanction her in any way, and the case was closed."
In court, prosecutors revealed a child advocacy expert "expressed profound disgust and shock but found the defendant's action not likely to be injurious to the infant."
"Unfortunately, despite the disturbing video… the NYS Department of Licensing found the defendant did not act with gross negligence. As such, we could not prove the charge beyond a reasonable doubt," the Suffolk County DA said.
Burke's attorney said the baby wasn't harmed.
"The baby was cleared, was not injured, did not even react. Did not even cry," Gottlieb said.
"We are very upset with this disgusting situation and decision... about my grandson and this awful woman still working as a caregiver," the baby's grandmother said.
"She's a great nurse. She's a great person," Gottlieb said.
"I never questioned myself. Things happen in the hospital every day," Burke said.
Good Samaritan Hospital, which fired Burke within hours of the incident, said she is no longer working at any Catholic health facility. She retains her license is working as a registered nurse.
