Lucy Letby's attempt to challenge the conviction is unsuccessful.
The former nurse's attorneys asked three senior judges if she may appeal the July verdict for trying to kill Child K, a baby, which came after a retrial.
At the Countess of Chester Hospital, Letby, 34, was previously convicted of killing seven infants and attempting to kill six more between June 2015 and June 2016. Her attorneys had contended that the jury's bias stemmed from the media coverage of the initial trial, which concluded in August 2023, and that her retrial was unjust.
The Court of Appeal has previously dismissed Letby's appeal against her other 14 convictions, and she is currently serving 15 whole-life sentences in prison.
Liverpool Town Hall is currently conducting a public investigation on how she was allowed to carry out her crimes.
"Unadulterated hate speech"
Letby's attorney, Benjamin Myers KC, had previously informed the Court of Appeal that her initial trial in 2023 was a "exceptional case with exceptional media interest," which might result in "exceptional unfairness."
"We are dealing with the impact of media coverage and public comment arising from the first trial, upon the second," he stated.
Mr. Myers KC to the judges that although Letby's first 14 convictions had been accurately reported by the media, the cumulative impact of the stories and the ensuing comments resulted in "unadulterated vitriol."
Her retrial should have been "stayed as an abuse of process" because of "overwhelming and irremediable prejudice" following the first trial. This is the legal term for a trial that is so unjust that it should be stopped.
He specifically cited "emotive" remarks made to the media by police officers who were working on Letby's criminal probe.
The initial trial's prosecutor, Nick Johnson KC, stated in written submissions that Letby was a "multiple killer and habitual liar" and that the defense's application was "misguided."
"Fair trial"
Mr. Johnson continued: "What was said by police in the aftermath of the convictions in the first trial was reasonable and it accurately and moderately described the horrendous offences (for) which this applicant had been convicted."At the beginning of their ruling, Lord Justice William Davis, Lord Justice Jeremy Baker, and Mrs. Justice McGowan stated that they would "refuse permission" for Letby to contest the conviction.
He said the Court of Appeal had to consider the "unrivalled" experience of the judge presiding over both cases and the measures he took to guarantee the second prosecution was fair in a decision that was momentarily delayed by a fire alarm within the Royal Courts of Justice.
"We conclude that the judge was right to find that Letby would be able to have a fair trial," stated Lord Justice Davis.
He also said it was "fanciful" that the cops should not have discussed the case.
On a video hookup from HMP Bronzefield, the former nurse made an appearance. Wearing a green wraparound top, she sat idly through the two hours of submissions, looking extremely exhausted and drawn.
She displayed no emotion or overt acknowledgment of the decision when the judges rejected her application.
She had already received 14 whole life sentences for killing seven infants and attempting to kill six more, including twice on one kid. For attacking kid K, she received a 15th whole life sentence.
Letby's retrial revealed that Child K had been attacked in February 2016, midway through her 13-month period of criminal activity.
Ninety minutes after the baby's birth, the jury concluded that Letby had removed a breathing tube from her.
It was then claimed that the neonatal nurse was "doing nothing" while standing over her cot.
However, the retrial heard that the victim was stabilized when a doctor arrived on the site.
Dr. Ravi Jayaram, a consultant pediatrician, stated that he had not observed any indication that Letby had been attempting to assist the infant or that the automatic breathing alert had been turned off.
Letby claimed she didn't remember anything about the incident.
After being sent to a different hospital, Child K passed away three days later from birth-related issues that had nothing to do with Letby's attack.
Letby's legal team has previously informed the BBC that it intends to request a review of her case at the Criminal Cases Review Commission (CCRC).
The CCRC looks into possible injustices and has the authority to send cases back to the Court of Appeal for review.
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