"Leo
Ackley, 30, is accused of killing Baylee Stenman. He was convicted of
murder and sentenced to life without parole in 2012. However, the
Michigan Supreme Court granted him a new trial based on its finding that
he was inadequately represented by his attorney. In Calhoun
County Circuit Judge John Hallacy's courtroom Thursday, the jury heard
testimony from medical experts for the prosecution. The reasoning behind
the granting of a new trial was that there could be newer medical
science that contradicts information given by the prosecution's medical
experts in the original trial.
Ken Marks, the attorney for Ackley in the original trial, called no medical experts for the defense while the prosecution called five. Ackley is accused of delivering a blow to Stenman's head while he was caring for her while her mother, Erica Stenman, was at work on July 28, 2011. The defense has argued the fatal head injuries could have been caused by a short fall from the girl's bed onto the carpeted floor of her bedroom of the townhouse that Stenman, her daughter and boyfriend Ackley occupied at 88 Laura Lane in Battle Creek. Ackley has said he found Stenman unresponsive next to her bed that day. Stenman died from her injuries Aug. 1, 2011. Dr. Douglas McDonnell, a now-retired Bronson Battle Creek emergency department physician, treated Stenman. The girl had seen a doctor in the weeks before her death because of a thyroid condition, but McDonnell said he wouldn't connect that to her condition when she arrived at the hospital. Dr. Tammy Graves, a pediatrician with Bronson Methodist Hospital's pediatric intensive care unit, also saw Stenman after she was transferred to that hospital. In Graves' opinion, a short fall would not be consistent with Stenman's injuries, which included bleeding on the left side and center-top of her brain. Defense attorney Andrew Rodenhouse asked Graves if abusive head trauma, a term that had been used in court, was the same as shaken-baby syndrome, but Graves said the first term encompasses that and other injuries overall, and don't necessarily mean the same thing. The forensic pathologist who performed Stenman's autopsy, Dr. Joyce deJong, also testified for the prosecution and the jury saw autopsy photos detailing injuries to Stenman's small body. That included a large bruise on the inside of her scalp and abnormal bleeding in the dura mater, one of the layers between the skull and brain. Rodenhouse's questioning of deJong included asking about samples taken and trying to determine the ages of the injuries. DeJong said based on the medical research she's read, that's a task prone to errors. However, at different points in the trial, Rodenhouse has asked witnesses about Stenman's outdoor playing, running and jumping that could've caused injuries. "Looking at all of the findings, there's never been a reported case where they have all these things going on — they have an injury, and a week later suddenly they deteriorate, they start seizing, their brain blows up like a balloon and they die — that's just not been reported," deJong said. "What did I do? I based my opinion on the science.".........The trial is scheduled to continue Tuesday."
Ken Marks, the attorney for Ackley in the original trial, called no medical experts for the defense while the prosecution called five. Ackley is accused of delivering a blow to Stenman's head while he was caring for her while her mother, Erica Stenman, was at work on July 28, 2011. The defense has argued the fatal head injuries could have been caused by a short fall from the girl's bed onto the carpeted floor of her bedroom of the townhouse that Stenman, her daughter and boyfriend Ackley occupied at 88 Laura Lane in Battle Creek. Ackley has said he found Stenman unresponsive next to her bed that day. Stenman died from her injuries Aug. 1, 2011. Dr. Douglas McDonnell, a now-retired Bronson Battle Creek emergency department physician, treated Stenman. The girl had seen a doctor in the weeks before her death because of a thyroid condition, but McDonnell said he wouldn't connect that to her condition when she arrived at the hospital. Dr. Tammy Graves, a pediatrician with Bronson Methodist Hospital's pediatric intensive care unit, also saw Stenman after she was transferred to that hospital. In Graves' opinion, a short fall would not be consistent with Stenman's injuries, which included bleeding on the left side and center-top of her brain. Defense attorney Andrew Rodenhouse asked Graves if abusive head trauma, a term that had been used in court, was the same as shaken-baby syndrome, but Graves said the first term encompasses that and other injuries overall, and don't necessarily mean the same thing. The forensic pathologist who performed Stenman's autopsy, Dr. Joyce deJong, also testified for the prosecution and the jury saw autopsy photos detailing injuries to Stenman's small body. That included a large bruise on the inside of her scalp and abnormal bleeding in the dura mater, one of the layers between the skull and brain. Rodenhouse's questioning of deJong included asking about samples taken and trying to determine the ages of the injuries. DeJong said based on the medical research she's read, that's a task prone to errors. However, at different points in the trial, Rodenhouse has asked witnesses about Stenman's outdoor playing, running and jumping that could've caused injuries. "Looking at all of the findings, there's never been a reported case where they have all these things going on — they have an injury, and a week later suddenly they deteriorate, they start seizing, their brain blows up like a balloon and they die — that's just not been reported," deJong said. "What did I do? I based my opinion on the science.".........The trial is scheduled to continue Tuesday."
