Tuesday, June 7, 2016

Leo Ackley; Anthony Ball Michigan; The two separate murder trials have been rescheduled to October so Judge John Hallacy can hear from experts about two infant deaths attributed to Abusive Head Trauma..." 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.........(Judge) 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 Battle Creek Enquirer;


"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/