"Two
murder trials have been rescheduled to October after a Calhoun County
judge agreed to first hear scientific testimony about child deaths.
Circuit
Court Judge John Hallacy adjourned trials for both Leo Ackley and
Anthony Ball until he hears from experts about two infant deaths
attributed to Abusive Head Trauma. Ackley, 29, was granted a new
trial last year by the Michigan Supreme Court. He was convicted in 2011
of child abuse and felony murder in the death of 3-year-old Baylee
Stenman in Battle Creek and sentenced to life in prison without parole.
Ball, 29, is awaiting trial in the Dec. 19, 2014, death of 20-month-old
Athena Ramey in Marshall. In both cases the victims were children of
girlfriends. Attorneys for both men have challenged the conclusions of
doctors called to testify for the prosecution. In
a brief hearing Monday afternoon, Andrew Rodenhouse, representing
Ackley, and Kymberly Schroder, representing Ball, asked for a full
hearing to challenge the validity and admissibility of expert testimony
about the causes of death for both children. In both cases
physicians, including Calhoun County Medical Examiner Dr. Joyce deJong,
have concluded that children died from severe head trauma and that the
injuries were caused by intentional and violent acts and not from
accidental injuries like falls or a traffic crash. The defense
attorneys argued that the science of determining the cause of deaths in
young children is changing and they should be allowed to challenge the
credibility of the experts before the cases go to trial. "This
area of the law is rife with problems," Schroder said. "It is only an
hypothesis and it is not enough to support a prosecution for murder."
Rodenhouse agreed, telling the judge "this science is ever-changing." In
a written motion, Rodenhouse called "Shaken Baby Syndrome and its
progeny, Abusive Head Trauma" hypotheses that try to explain how a child
died. Rodenhouse wrote "It has never been scientific knowledge." Ackley
had argued that Baylee Stenman died after she fell from her bed and
Ball has argued that Athena Ramey died from falls and running into
furniture. But five doctors testified for the prosecution in the
Ackley case and deJong said during one court proceeding that the child
suffered severe blows to the head.........Hallacy
told the lawyers "science is ever-evolving and creating an appropriate
record is important, especially in the Ackley case, which has come back
for trial." He said because the issues are similar, he will take
testimony at a July 29 hearing in both cases. The judge then granted
adjournments in both cases and his office said Tuesday both are likely
to be tried separately in October."
http://www.battlecreekenquirer.com/story/news/local/2016/06/07/murder-cases-adjourned-hearing-scheduled/85562148/