"The new trial for a West Michigan man
accused of child abuse and murder in the death of his ex-girlfriend's
daughter and could have implications on other cases in the future. It’s
a case of potential shaken baby syndrome, one that has gotten a lot of
attention across the state in regards to when certain medical evidence
can be used in court. It could help change Michigan law. Leo
Ackley was previously convicted in 3-year-old Baylee Stenman's death,
but the Michigan Supreme Court granted him a new trial, saying Ackley’s
former attorney failed to engage a single expert witness.
Ackley says the Battle Creek toddler fell out of bed in 2011, but doctors said she took a much more severe blow to the head. Ackley’s lawyer has argued the medical science used shouldn't be allowed at trial because shaken baby syndrome is not scientific and the evidence is not reliable. The judge in a hearing over the summer disagreed."
Ackley says the Battle Creek toddler fell out of bed in 2011, but doctors said she took a much more severe blow to the head. Ackley’s lawyer has argued the medical science used shouldn't be allowed at trial because shaken baby syndrome is not scientific and the evidence is not reliable. The judge in a hearing over the summer disagreed."
See also Battlecreek Inquirer report (October 4) on delay of trial at the link below; "The retrial for a Battle Creek man convicted once in the death of a 3-year-old girl has been delayed at least a few days. Calhoun County Circuit Court Judge John Hallacy on Tuesday agreed to allow prosecutors a week to prepare for testimony from a defense witness in the case against Leo Ackley, 30. He was convicted in 2011 of child abuse and felony murder in the death of Baylee Stenmann. He was sentenced to life in prison without parole Last year the Michigan Supreme Court granted Ackley a new trial, saying his original attorney failed to adequately represent him because he did not call an expert to dispute prosecution witnesses. Those witnesses testified the child died from head trauma which was intentional and from violent acts and not from accidental injuries like falls or traffic crashes. Charges against Ackley are similar to those against Anthony Ball, 29, who is awaiting trial in the Dec. 19, 2014, death of Athena Ramey, 20 months, in Marshall. In both cases, attorneys have argued that testimony from medical experts about abusive head trauma or shaken baby syndrome is flawed and is disputed by newer medical science. Earlier this summer, attorneys for both Ackley and Ball were granted a pre-trial hearing by Hallacy to present testimony about the diagnosis of severe head trauma. After hearing testimony, Hallacy ruled that he would not limit either side from presenting evidence about how the children died and allow jurors to decide what evidence to consider. Andrew Rodenhouse, attorney for Ackley, and Kimberly Schroder, representing Ball, argued that Hallacy should rule what scientific evidence would be presented but the judge decided both could present experts to argue their theories about head trauma. Both sides announced they would appeal Hallacy's decision to the Court of Appeals and the Michigan Supreme Court, if necessary, and sought an emergency delay in the trials until those questions were answered. The Michigan Court of Appeals has declined to order a delay in the trials and the Supreme Court has yet to consider the request. Without a higher court order, the Ackley trial was set to begin Tuesday."
https://www.google.com/url?rct=j&sa=t&url=http://www.battlecreekenquirer.com/story/news/local/2016/10/04/retrial-delayed-man-death-baylee-stenman/91547528/&ct=ga&cd=CAEYACoTNzYwNTgxOTUxOTAxNjgwMjI0NTIZNjIwOGUxODdhMGQ5OWJmMTpjYTplbjpDQQ&usg=AFQjCNFISYtMqgLlXuqWcnHqFrr2fjWnHQ
