New twist in Douglas Kennedy newborn case

"No credible evidence" in Kennedy case 05:20

(CBS News) - CBS News has learned a child protective services investigation found "no credible evidence" that Douglas Kennedy's baby had been abused or maltreated.

The investigation stems from an incident at a New York hospital two months ago, when Kennedy was arrested and charged with mistreating his newborn child.

In surveillance video, Kennedy can be seen walking down a hospital corridor, clutching his infant son.

He enters an elevator, but is stopped by two nurses who block the doors. Kennedy, now trailed by several hospital staffers, leaves and enters a stairwell. Moments later a woman is flung to the floor.

Nurse Cari Maleman Luciano told WNBC, "He brought his leg up and kicked me. I went flying through the air about five or six feet, I think."

"I was petrified that the baby was going to go flying down the stairs," nurse Anne Margaret Lane told the station.

Kennedy, son of Robert F. Kennedy, insists the nurses were the aggressors. Still, he was arrested and charged with harassment and child endangerment.

Robert Gottlieb, Kennedy's attorney, said, "We're hopeful that the Westchester DA will re-evaluate this case. This case should have never, ever been brought in criminal court."

"Everybody wishes nothing had happened," Gotlieb added. "But the fact of the matter is, both the hospital and the nurses, putting the Kenendys through this, on the birth of their newborn baby, when they did nothing wrong, when there should have been no criminal charges, has been a disgraceful episode."

In a statement, Kennedy and his wife say, "It is sickening to think that our simple desire to take our son outside for fresh air has been warped into a charge of child endangerment."

Kennedy's due in court next week. How the new finding will affect the case against him remains to be seen.

Regardless of the outcome, the nurses insist they are still victims. "I find myself sometimes crying for no reason," Lane told WNBC. "And then I remember. He gave me that reason."