"Two Calhoun County men, both charged
with child abuse and murder in separate cases, are hoping to change the
court's thinking when it comes to shaken baby syndrome. Newschannel 3 was on-hand in court today, to break down what it all means. Leo Ackley and Anthony Ball are both charged with child abuse. Ackley was granted a new trial by the Michigan Supreme Court last year, and Ball is headed to trial for the first time. They've each been granted a hearing, with their lawyers hoping to prove that shaken baby syndrome isn't scientific fact. "Scientific evidence in the court room has to be credible and reliable," said Ackley's new attorney, Andrew Rodenhouse. It's been a long road for Leo Ackley, hoping to prove his innocence. He was charged in 2011 for killing 3-year-old Baylee Stenmen, but was granted a new trial by the Michigan Supreme Court in 2015. "What
we are asking the court to do is to look at the science between shaken
baby syndrome and head trauma, and to make a determination as to whether
or not it's even worthy of being presented to a jury," Rodenhouse said.
"It's one of the reasons the original attorney was determined to be
ineffective; this didn't happen the first time." Anthony Ball was
charged with similar crimes in December of 2014, accused of killing his
girlfriends daughter, Athena, who was just 20-months-old. "This is
an area of law that is ripe with problems, defendants all over the
country are having their convictions overturned," said Ball's attorney,
Kymberly Schroder. Both defense attorneys were granted a hearing
to challenge that shaken baby syndrome is considered scientific
evidence, saying that there's no sure proof that that is how either
child died. "We are hoping to demonstrate this is a hypothesis,
it's always been a hypothesis," Rodenhouse said."
http://wwmt.com/news/local/calhoun-co-men-look-to-change-courts-thinking-regarding-shaken-baby-syndrome