"A Calhoun County judge has deferred to a higher court before deciding if a Battle Creek man convicted of killing his son should have a new trial. "To use a non-legal term I am going to punt," said Circuit Judge Sarah Lincoln. The Michigan Innocence Clinic at the University of Michigan argued Monday that Shawn Brown should have a new trial in the 2010 death of his five-month-old son. Prosecutors alleged that Brown, 32, shook the child, Shawn Brown Jr., on Jan. 22, 2010 and the infant died two days later from injuries to his brain. But as they have done in other cases, lawyers for the Innocence Clinic are arguing that the diagnosis of Shaken Baby Syndrome or Abusive Head Trauma, is disputed and that Brown did not have a defense expert to counter prosecution witnesses. "It looks a lot like Ackley where the experts were a way to reach a finding of guilt," said Imran Syed, an Innocence Clinic attorney representing Brown. "Nothing else that Mr. Brown did would lead to a conviction." Leo Ackley of Battle Creek was convicted in 2011 of inflicting fatal blunt force trauma to the head of his girlfriend's three-year-old daughter. He was convicted of murder and sentenced to life in prison. But his conviction was overturned by the Michigan Supreme Court because his defense attorney did not find and call as a witness an expert to dispute the findings of the pathologist called by prosecutors. Ackley received a second trial last year and was convicted of murder and again sentenced to life in prison. But judges have concluded that the Michigan Supreme Court is requiring that defense attorneys call their own experts. Last week the Michigan Court of a Appeals overturned a Kalamazoo County murder conviction when the panel ruled the defense attorney, Eusebio Solis of Battle Creek, didn't call an expert to refute the prosecution witnesses. Based on the appeals courts rulings, trial judges have concluded that defense attorneys must call their own experts. Syed argued to Lincoln that in the original Brown trial, Judge Allen Garbrecht was wrong when he did not provide money to the defense for an expert, ruling that because Brown had hired an attorney, the state was not obligated to provide funds for an expert. "The defendant may have funds to retain an attorney but not have further funding to retain an expert," Syed argued. But the argument was mute for now, Lincoln said, because she agreed with Assistant Prosecutor Jennifer Clark that a ruling on a new trial should be delayed. Brown has appealed his conviction but the Michigan Court of Appeals rejected it once. However Lincoln ruled in March 10 that the original appeal should proceed because Brown's appeal attorney did not request a transcript of the trial, including the evidence of the medical experts."
http://www.battlecreekenquirer.com/story/news/local/2017/06/12/judge-delays-decision-new-trial-man-convicted-killing-son/389971001/
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c
