Fury as Long Island neo-natal nurse caught slamming newborn into crib is CLEARED of all charges

New Yorkers are furious that the charges against a Long Island nurse who was caught on video picking up an infant and slamming him face down into his bassinet have been dropped.

Amanda Burke was charged with endangering the welfare of a child at Good Samaritan Hospital in West Islip in April 2023.

Her trial was scheduled to begin on Monday, but a judge granted the defense motion to dismiss after the prosecution revealed their medical expert said it was unlikely that Burke injured the baby.

'Unfortunately, despite the disturbing video which captured the incident in this case, the New York State Department of Licensing found the defendant did not act with gross negligence. As such, we could not prove the charge beyond a reasonable doubt at trial,' a spokesperson for the Suffolk County District Attorney's Office told DailyMail.com.

Courtney Scarola, a pregnant woman, told NBC New York the decision to dismiss the case was outrageous and that she will not trust the hospital nursery with her baby when she delivers.  

The charges against a Long Island nurse who was caught on video picking up an infant and slamming him face down into his bassinet have been dropped

Amanda Burke (right) was charged with endangering the welfare of a child in April 2023, but a judge dismissed the case on Monday

The two-day-old named Nikko (pictured) was born at Good Samaritan Hospital in West Islip in February 2023 and was being treated with antibiotics when the horrific attack happened

'That's absolutely absurd. That's why my next one will not be in the nursery at all,' she said.

On social media, other New Yorkers expressed their distress at the decision to drop the case.

'Unreal! NY is disgusting with their laws,' said a Long Island resident named Samantha Leigh on Facebook. 'Now a nurse who slams a baby down face first the charges are being dropped.'

'Definitely that case should have never been dropped that's so sad the video clearly shows how rough she was with that baby and she could have killed that baby,' said Dawn Fabiano.

'Disgusting she should not just be let off,' said Alexandra Rezende.

'That video made me sick she could have killed that baby,' said Emmanuel Martinez.

Newsday reported that Assistant Suffolk County District Attorney Sean Murphy said in court on Monday, '[The doctor] stated to us that in his professional opinion the defendant's actions were not likely to be injurious to the physical welfare of this child.'

A letter obtained by the local newspaper said the state Education Department's Office of Professional Discipline found Burke's actions 'did not constitute professional misconduct' and classified it as 'simple negligence' in June. 

Burke's attorney, Robert Gottlieb, told DailyMail.com his client is grateful the charges have been dismissed but claimed the decision came far too late.

'The criminal charges against Amanda Burke should never have been brought by the Suffolk County District Attorney’s office. Amanda has lived a nightmare for close to a year because the DA failed to conduct the most basic investigation,' said Gottlieb.

'The prosecutors chose to ignore the evidence we handed over to them in June and September 2023 establishing that Amanda’s conduct was not criminal. We begged the DA for close to a year to speak to their own pediatric expert who we were confidant would confirm that Amanda did not commit any crimes, but the DA did nothing.'

'Instead, the DA waited until four days before the trial was scheduled to begin to first speak to their expert who could not support the DA’s position. While we are thankful that the DA dismissed the charges, it came months too late,' Gottlieb said.

Good Samaritan Hospital told DailyMail.com at the time that Burke had been a 'recent hire' and she was terminated immediately after the incident

Nikko's father, Fidel Sinclair (right), had gone to check on his baby when he witnessed a nurse pick up his son and forcefully turn him around, slamming him face-first into his bassinet

He later returned home with his parents, but the pair were left rattled and on edge after the incident

The two-day-old named Nikko was born at Good Samaritan Hospital in West Islip in February 2023 and was under the care of the NICU being treated with antibiotics when the horrific attack happened.

Nikko's father, Fidel Sinclair, had gone to check on his baby and started taking a video of him crying through the window of the nursery when he witnessed a nurse pick up his son and forcefully turn him around, slamming him face-first into his bassinet.

He later returned home with his parents, but the pair were left rattled and on edge after the incident. 

Sinclair told NBC New York witnessing the incident 'broke' him. Mom Consuelo Saravia confronted the nurse immediately, telling her: 'I don't want you to touch my child! You just slammed him.'

She claims the nurse responded by saying: 'Oh no, if you think I mishandled him or anything, I'm sorry.'

A spokesperson for Good Samaritan Hospital told DailyMail.com at the time that the nurse had been a 'recent hire' and she was terminated immediately after the incident.

It is unclear if Burke is still working as a nurse, but her nursing license has not been suspended according to the New York State Office of the Professions' official database.