"The mother and sister of Anthony Ball said he loved the child he is charged with killing. "She always wanted Anthony," said Julie Miller, Ball's mother, of Athena Ramey. "She was never afraid of him." "I saw a loving relationship," said Ball's sister, Ashley Long. Both
woman testified Tuesday as the defense began their case in the felony
murder and first-degree child abuse trial of Ball, 30, of Marshall. He
faces life in prison without parole if convicted of both charges in the
December 2014 death of the 20-month old daughter of his former
girlfriend, Briana Richards. The toddler was pronounced dead Dec. 19, 2014, a day after she was admitted to Bronson Methodist Hospital in Kalamazoo. Emergency
room doctors, a neurosurgeon and later a pathologist concluded the
child died from bleeding and swelling of the brain, which Assistant
Calhoun County Prosecutors Karen Pawloski and Tamara Towns have argued
was from trauma to the head which could include shaking. But
the husband-and-wife defense team of Jeffery and Kymberly Schroder of
Portage has said while Athena Ramey died from a head injury, prosecutors
have not presented any evidence that Ball was responsible. "There
is nothing that shows Mr. Ball did any act that caused her death,"
Kymberly Schroder argued again to Circuit Judge John Hallacy on Tuesday.
"He is sitting here because he was alone with the child, that is it." Ball
was charged several weeks after the child's death. Calhoun County
Sheriff Department deputies said Ball was caring for the child and his
own two young daughters, while Richards was working. Athena
Ramey had an upper respiratory infection for a few days and had seen a
doctor and Ball told police he had rocked the child that evening and
placed her on a futon while he went to prepare dinner. When he returned
to check he found she was not breathing. He decided not to take her to
Oaklawn Hospital, which was a few blocks away, but drive about 15
minutes to the adult foster care home where Richards worked. Paramedics
were called then and the toddler was taken to the Kalamazoo hospital
where doctors determined almost immediately that she was brain-dead. The
defense has suggested the injury might be a result of her respiratory
illness, several falls or a car-deer accident earlier the same week
while the child was in a car seat while riding with her grandfather. A
doctor testified he checked the child that day and determined she was
not injured. Prosecutors have called doctors who said the
injuries to her brain were so severe that the child would have shown
immediate symptoms and likely could not walk or talk. The
defense has questioned the science experts have used to explain head
trauma in children and a defense expert, Dr. Ljubisa Dragovic, the
Oakland County Medical Examiner, is expected to testify for Ball on
Wednesday afternoon......... The
doctor has been critical of the diagnosis of shaken-baby syndrome and
testified earlier this year that the manner of death, or how the child
was injured, can't be determined in all cases. "We sometimes have to
say, 'I don't know,'" Dragovic said......... In their testimony Tuesday, Long and Miller said they never saw Ball mistreat the little girl. "Athena
was a member of the family," Long said. She told the jury she never
questioned leaving her own children in the care of her brother. Ball's
mother, Julie Miller, said she saw Athena a few days before she died.
The child was sick, she said, and continued to hold on to her son. "She wanted Anthony," Miller said. "She always wanted Anthony and she was not afraid of him." A third witness for the defense, Lisa Cunkle, said she was a friend of the family and has known Ball all his life. "I never saw him being bad," she said. Cunkle operated a day-care center and sometimes cared for Athena. She said she never noticed any signs of abuse. "Athena called him 'daddy' and and cried when he left her at my house," Cunkle said. Before
testimony began Tuesday, Kymberly Schroder argued for a dismissal of
the charges. She said while there was evidence of the cause of death,
nothing presented by the prosecution linked her client to the manner of
death. "The mere opportunity to commit a crime does not make this defendant guilty of a crime," she said. But
Towns argued that the case should go to the jury because testimony
showed the child was fine until she was in the exclusive care of Ball
that afternoon. "Someone inflicted injury on that child and the defendant was with her the whole time," Towns said. Hallacy
agreed, saying the case could proceed because the defendant had custody
of the girl and because the doctors said the injury would have produced
immediate and pronounced symptoms. The judge said the jury should be
allowed to consider the medical testimony and Ball's actions after the
child was found unresponsive."
http://www.battlecreekenquirer.com/story/news/local/2016/12/13/family-testifies-support-murder-defendant-ball/95375482/