A CONVICTED child killer could be about to launch an appeal in the hope that new expert evidence will clear her name.

The move by Suzanne Holdsworth will lead to further heartache for the family of her victim, Kyle Fisher, who were last year forced to bury the toddler without his brain because it has been retained for tests.

Lawyers aim to prove that the former supermarket worker, who was jailed for a minimum of ten years last April after being found guilty of murder, was not responsible for the fatal head injury that killed him.

The team of solicitors, freshly employed by Holdsworth, specialises in cases of so-called shaken baby syndrome and has been successful in overturning a number of convictions where infants have died from head injuries.

Holdsworth, 35, had been babysitting two-year-old Kyle, from Hartlepool, at her home in the town's Millpool Close while his mother, Clare, who lived opposite, was on a night out.

She claimed that Kyle had suffered a fit and fallen, but the jury at Teesside Crown Court failed to believe her story after hearing medical evidence that showed the injuries he received were consistent with his head being hit against wooden banisters.

The youngster - described as an "angelic, bright little boy" - died in Newcastle General Hospital on July 23, 2004, after his life support machine was switched off.

Last night, Holdsworth's solicitor, Campbell Malone, from the law firm Stephensons, said: "We do not want to say anything at this stage to unnecessarily cause distress to the family of the deceased, but undoubtedly they are aware that we are looking at this matter.

"We have been asked by Suzanne and her family to look again at her conviction, and are trying to gather additional expert evidence to see whether or not we can lodge an application to appeal."

Mr Malone added: "In relation to infant head injuries, it is a field where there is constantly-developing research and new expertise becoming available.

"It may well be that there is information which was not available to the jury at the time of the trial, which maybe relevant and could persuade the Court of Appeal to look at this again.

"Most of the initial work has been done, and I would hope in the next two or three weeks we can decide whether we are to take this further."

Kyle's grandmother, Linda Fisher, did not comment about the prospect of an appeal by Holdsworth, but said the family had complained to the Newcastle coroner and their local MP, Iain Wright, about the two-year-old's brain.

She said: "We find it hard to accept that, after all this time, we still cannot have Kyle's brain back.

"How many tests can be done for something like this?

"As a family, we will not rest until we get Kyle's brain back."

Jim McDonald, a coroner's officer with Northumbria Police, said: "The brain tissue has been retained for the possibility of further independent examination on behalf of the woman's appeal team.

"The tissue cannot be released until that appeal process is determined.

"She has employed solicitors to appeal against her conviction, and one of the options they are pursuing to have the tissue re-examined.

"Until we get confirmation that the tissue is no longer required, then it cannot be released by us."

Mr McDonald said the coroner was unable to finalise a full inquest into Kyle's death until confirmation of the tissue aspect.

Police said they sympathised with the family's plight, but said there was little they could do.

Detective Sergeant Iain Henderson, of Cleveland Police, said: "We cannot influence the coroner in any way, and this is an issue that only he can deal with."

Asked about the prospect of an appeal by Holdsworth, he said: "That is out of our hands.

"The investigation into Kyle's death as far as the police are concerned has concluded."