the charles smith blog: Leo Ackley; Anthony Ball; Michigan; Bulletin; Battlecreek Inquirer; Shaken baby syndrome; (Disappointing decision. HL); Judge has ruled that prosecutors can present evidence about head trauma in the October murder trials of Leo Ackley and Anthony Ball even if the science is disputed.Calhoun County judge ruled Friday. Circuit Judge John Hallacy said prosecutors could present evidence about head trauma in the October trials of Leo Ackley and Anthony Ball even if the science is disputed. "There is widespread acceptance even though it is not unanimous," Hallacy said Friday. He said there is science that has validity even though two experts who testified in a daylong hearing agreed there is a difference of opinion."...""You will never get 100 percent agreement," said Castellani, who was called by prosecutors to testify. "There is broad consensus but there will always be people with other points of view." Dragovic, a defense witness, said cases are individual "and there are cases when we can't determine the manner of death and we sometimes have to say 'I don't know.'"..."Calhoun County Assistant Prosecutor Karen Pawloski said while there may be different opinions reached by doctors in each case, the basic science still is sound and can be introduced. But Kymberly Schroder, representing Ball, argued the testimony only showed gray areas in the science and "both doctors said there are no reliable principals or methods. Everything is case-by-case and there is not a large body they can rely on." Andrew Rodenhouse, representing Ackley said the science can't determine how much force is required to injure a child, the critical question in both cases." Reporter Trace Christenson; Battle Creek Inquirer;

Friday, July 29, 2016

Leo Ackley; Anthony Ball; Michigan; Bulletin; Battlecreek Inquirer; Shaken baby syndrome; (Disappointing decision. HL); Judge has ruled that prosecutors can present evidence about head trauma in the October murder trials of Leo Ackley and Anthony Ball even if the science is disputed.Calhoun County judge ruled Friday. Circuit Judge John Hallacy said prosecutors could present evidence about head trauma in the October trials of Leo Ackley and Anthony Ball even if the science is disputed. "There is widespread acceptance even though it is not unanimous," Hallacy said Friday. He said there is science that has validity even though two experts who testified in a daylong hearing agreed there is a difference of opinion."...""You will never get 100 percent agreement," said Castellani, who was called by prosecutors to testify. "There is broad consensus but there will always be people with other points of view." Dragovic, a defense witness, said cases are individual "and there are cases when we can't determine the manner of death and we sometimes have to say 'I don't know.'"..."Calhoun County Assistant Prosecutor Karen Pawloski said while there may be different opinions reached by doctors in each case, the basic science still is sound and can be introduced. But Kymberly Schroder, representing Ball, argued the testimony only showed gray areas in the science and "both doctors said there are no reliable principals or methods. Everything is case-by-case and there is not a large body they can rely on." Andrew Rodenhouse, representing Ackley said the science can't determine how much force is required to injure a child, the critical question in both cases." Reporter Trace Christenson; Battle Creek Inquirer;

"Scientific evidence about head trauma in children will be part of two upcoming murder trials, a Calhoun County judge ruled Friday. Circuit Judge John Hallacy said prosecutors could present evidence about head trauma in the October trials of Leo Ackley and Anthony Ball even if the science is disputed. "There is widespread acceptance even though it is not unanimous," Hallacy said Friday. He said there is science that has validity even though two experts who testified in a daylong hearing agreed there is a difference of opinion. Defense attorneys for both Ackley and Ball argued Friday that the medical science in brain trauma cases is faulty and should not be presented to a jury. Ackley, 29, was granted a new trial last year by the Michigan Supreme Court after his 2011 murder and child abuse convictions in the death of 3-year-old Baylee Stenmann. Ball, 29, is awaiting trial in the Dec. 19, 2014, death of Athena Ramey, 20 months, in Marshall. Both men were caring for the children of their girlfriends when the injuries occurred. Hallacy heard from Dr. Rudolph Castellani of the Western Michigan University Homer Stryker M.D. School of Medicine and Dr. Ljubisa Dragovic, the Oakland County Medical Examiner. Both were questioned about head trauma in children and determining the cause and the manner of death in those cases. The doctors said precise studies on brain trauma are not possible while children are alive, even though thousands of studies have been conducted dating to the 1800s. "You will never get 100 percent agreement," said Castellani, who was called by prosecutors to testify. "There is broad consensus but there will always be people with other points of view." Dragovic, a defense witness, said cases are individual "and there are cases when we can't determine the manner of death and we sometimes have to say 'I don't know.'" Calhoun County Assistant Prosecutor Karen Pawloski said while there may be different opinions reached by doctors in each case, the basic science still is sound and can be introduced. But Kymberly Schroder, representing Ball, argued the testimony only showed gray areas in the science and "both doctors said there are no reliable principals or methods. Everything is case-by-case and there is not a large body they can rely on." Andrew Rodenhouse, representing Ackley said the science can't determine how much force is required to injure a child, the critical question in both cases. At the end of the hearing, Hallacy said there is nothing to show that the scientific evidence can't be presented to juries."

http://www.battlecreekenquirer.com/story/news/local/2016/07/29/head-trauma-evidence-included-murder-trials/87747938/