A Case Eight Years in the Making: Aaron Oliphant

For eight years, Aaron Oliphant has been wrongfully incarcerated in Montana, convicted of assaulting his infant son based largely on a diagnosis that is now the subject of growing national scrutiny: Shaken Baby Syndrome.

At the time of Aaron’s trial, the prosecution’s case relied on what is often called the triad of symptoms: brain bleeding, retinal bleeding, and brain swelling. These findings were presented as definitive proof of abuse.

Today, that certainty is being challenged.

Across the country, a growing number of medical researchers, legal experts, and physicians are raising serious questions about whether these symptoms can be attributed solely to abuse. Alternative medical explanations, including accidental injury, illness, or underlying conditions, are increasingly part of the conversation.

This issue has gained renewed attention in recent months. Cases like that of Robert Roberson in Texas, where a stay of execution was granted in part due to concerns about the scientific validity of a Shaken Baby Syndrome diagnosis, and a recent court decision in New Jersey deeming such evidence “unreliable” in child abuse prosecutions, signal a shift in how this diagnosis is being understood and challenged in courtrooms nationwide.

Aaron’s case sits squarely within this evolving landscape.

Aaron’s family used to call him “Mr. Mom.” At 24, he was raising five boys and was deeply involved in their lives.

In June 2016, that life was interrupted. Aaron was charged with aggravated assault after his infant son, Raidyn, was hospitalized.

Raidyn was born prematurely at 35 weeks and spent time in the NICU. From early on, he experienced ongoing medical concerns. On June 8, 2016, he began showing symptoms, including fussiness, vomiting, and unresponsiveness. Aaron, who was caring for him, immediately recognized something was wrong and urged Raidyn’s mother to come home.

The next morning, they decided to take Raidyn to the hospital.

A CT scan was initially read as normal. Only after an unofficial second review did doctors determine Raidyn had suffered skull fractures, which the doctors immediately assigned to non-accidental trauma. From there, the narrative of abuse took hold.

At trial, the State presented five medical experts. Their conclusions varied: one testified that Raidyn had been shaken, one diagnosed SBS, one said the findings were consistent with SBS but that other causes needed to be ruled out, and two did not make a definitive diagnosis. The jury never heard from a defense medical expert to challenge this testimony.

Aaron was convicted in 2017 and sentenced to 20 years in Montana State Prison, with five years suspended, despite having no criminal history.

But Raidyn’s medical picture was more complex than what was presented at trial.

Despite the presence of serious internal damage, there were no corresponding external signs of trauma, nor any injury to Raidyn’s neck, raising additional questions that were never meaningfully addressed at trial.

In June 2020, the Montana Innocence Project filed a Motion for New Trial, a Petition for Post-Conviction Relief, and a Request to Stay Proceedings Pending Full Discovery. These filings center on two critical arguments:

The need to obtain Raidyn’s full medical records, never obtained by Aaron’s trial counsel, so that an expert could review the evidence.
Aaron’s trial counsel was ineffective, failing to challenge the State’s case by not calling a medical expert and not meaningfully cross-examining key prosecution witnesses.

The State’s case relied entirely on medical testimony. Yet Aaron’s defense did not consult or present a single medical expert to rebut the State’s experts.

At the time of trial, Aaron’s attorney was suffering from advanced esophageal cancer. It was one of his final cases before his passing. His illness significantly impacted his ability to effectively represent Aaron. He struggled to hear testimony, had difficulty speaking, and at times appeared confused during proceedings. Court transcripts reflect numerous instances where he was unable to follow or respond to key parts of the State’s case.

Aaron’s constitutional right to effective counsel was compromised under these circumstances, leaving critical expert testimony unchallenged before the jury.

The petitions were denied in January 2022. We appealed the decision to the Montana Supreme Court, and relief was again denied, with two justices dissenting, on March 14, 2023.

In the eight years since his conviction, Aaron’s children have grown up without their father. During this same time, Aaron also lost his own father to cancer, unable to be with him in his final days.

Despite this, Aaron has built a record that speaks for itself. He works as a wildland firefighter through the prison system, putting himself on the front lines of dangerous fire seasons. He has maintained an impeccable record while incarcerated.

And yet, he has been denied parole twice.

This is what wrongful incarceration looks like in real time: not just years lost, but families reshaped, grief carried at a distance, and milestones missed that can never be returned.


To share a more personal glimpse into Aaron’s life today, hear from his mother, Rena, as she reflects on how he’s doing and how their family continues to carry this forward.

Now, after years of investigation, the Montana Innocence Project has uncovered new information, evidence that warrants a new legal filing in Aaron’s case.

Correcting this wrongful conviction is urgent.

We look forward to sharing more about this next step and what it could mean for Aaron in next week’s email.


Want to better understand the issues at the center of Aaron’s case? Our two-part Unpacking Injustice podcast series from last year breaks down the science, the legal challenges, and what went wrong at trial, featuring MTIP board member and attorney Paul Leisher.