BREAKING NEWS: "The family of a Battle Creek man convicted of murder wants seven justices of the Michigan Supreme Court to vote for a new trial. “I have hope and faith,” Linda Byrd said Monday afternoon. “I believe in the system and they will turn around and bring my son home.” Byrd’s son, Leo Ackley, 28, was sentenced May 7, 2012, to life in prison without parole after a Calhoun County Circuit Court jury convicted him of child abuse and felony murder in the July 28, 2011, death of 3-year-old Baylee Stenman. Prosecutors alleged the child died from a blow to the head while Ackley’s girlfriend was away and he was caring for the child. Ackley denied he killed the child and appealed the conviction, arguing he was not provided an adequate defense by his trial attorney. In 2013 former Circuit Judge James Kingsley agreed and ordered a new trial. But in April 2014 the Michigan Court of Appeals reversed Kingsley’s decision. On Tuesday his appeals attorney asked the Michigan Supreme Court to give his client a new trial. Andrew Rodenhouse of Grand Rapids told the seven justices that Ackley’s trial attorney, Kenneth Marks, should have called medical experts to dispute testimony about the head injuries to the child. Rodenhouse said there are doctors who believe a child can suffer fatal head injuries from a minor fall, which conflicts with trial testimony by the Calhoun County Medical Examiner, Dr. Joyce Dejong. Rodenhouse argued that Marks knew about medical disagreements on fatal falls but did not seek his own expert to testify at the trial, even though one doctor gave him names of two possible expert witnesses. “He had a duty to go out and seek one of these two experts or another expert to support his case,” Rodenhouse told the justices. “When trial counsel is put on notice and you represent a client and when you are defending an indigent client you owe your client an absolute duty to complete a thorough investigation.”........ Chief Justice Robert Young Jr. and Justice Richard Bernstein both asked Clark if the trial attorney didn’t have at least a duty to question an expert who might have proposed the theory that the child died in an accidental fall. “If you have a case with a battle of experts, can you explain the strategy of not calling an expert?” Bernstein asked.""
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http://www.battlecreekenquirer.com/story/news/crime/2015/03/10/ackley-murder-case-heard-supreme-court/24733565/
PUBLISHER'S NOTE:
Dear Readers. Due to a 'writing' assignment, I will not be filing fresh posts for several weeks. (With the exception of breaking news;) When I am back in action I will make up for lost time with a vengeance. In the meantime, please keep me up to date with developments and don't hesitate to bring new matters of interest to this Blog to my attention at hlevy15@gmail.com.
Best wishes,
Harold Levy; Publisher; The Charles Smith Blog.
PS: For latest coverage of the Mark Lundy retrial go to: http://www.stuff.co.nz/national/mark-lundy-murder-retrial
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com.
Harold Levy: Publisher; The Charles Smith Blog;
