PASSAGE OF THE DAY: "The Debelbots will not be there, only the attorneys, but their story will be heard again, and it has come a long way since the two met in Seoul, South Korea, in 2007. According to court records and testimony from hearings on their appeal, Ashley was a sergeant in the summer of 2007 when she met Albert, a soldier assigned to her unit, and they started dating. They got engaged that September and married in November. When Albert was assigned to Fort Benning’s 4th Ranger Battalion School, the couple moved to Columbus, where Ashley became pregnant. She gave birth to McKenzy at Martin Army Hospital at 4 p.m. May 29, 2008. How difficult the delivery was, and what happened afterward, remain subject to intense scrutiny and debate, and Georgia’s highest court will have to sift through conflicting accounts to decide the couple’s fate. The baby reportedly was healthy when discharged from the hospital about 12:30 p.m. the following May 31. But sometime after midnight the parents awoke in their Buena Vista Road apartment to find a lump on the infant’s forehead, so they called the hospital and were told to bring the baby back. They returned to Martin Army about 1:30 a.m. June 1, and McKenzy was pronounced dead at 3:55 a.m. The hospital collected X-rays and CT scans of the baby’s skull, and a Georgia Bureau of Investigation medical examiner conducted an autopsy June 2, 2008. According to the GBI, McKenzy had fractures on both sides of her skull; her brain was swollen; and she had internal bleeding. Her death was ruled a homicide. But was it?"
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STORY: "Georgia Supreme Court hears parents’ appeal in Columbus infant’s 2008 death," by reporter Tim Chitwood, published by The Ledger-Enquirer on August 6, 2018.
GIST: "Ashley and Albert Debelbot met in
the Army, which brought them to serve at Fort Benning, which led them
to live in Columbus, which put them in prison for life. Since 2009, the couple convicted
of killing their newborn daughter McKenzy have been apart, in separate
prisons – except during court hearings appealing their verdicts, as each
sought a new trial. Their last attempt
failed Dec. 11, when Muscogee Superior Court Judge Arthur Smith III
denied their new-trial motions after a series of hearings from 2015
through 2017. Now the Debelbots have another
chance: The Georgia Supreme Court has agreed to hear oral arguments in
their appeal at 10 a.m. Tuesday in Atlanta. The Debelbots will not be there,
only the attorneys, but their story will be heard again, and it has come
a long way since the two met in Seoul, South Korea, in 2007. According to court records and
testimony from hearings on their appeal, Ashley was a sergeant in the
summer of 2007 when she met Albert, a soldier assigned to her unit, and
they started dating. They got engaged that September and married in
November. When Albert was assigned to Fort Benning’s 4th
Ranger Battalion School, the couple moved to Columbus, where Ashley
became pregnant. She gave birth to McKenzy at Martin Army Hospital at 4
p.m. May 29, 2008. How difficult the delivery was,
and what happened afterward, remain subject to intense scrutiny and
debate, and Georgia’s highest court will have to sift through conflicting accounts to decide the couple’s fate. The baby reportedly was healthy
when discharged from the hospital about 12:30 p.m. the following May 31.
But sometime after midnight the parents awoke in their Buena Vista Road
apartment to find a lump on the infant’s forehead, so they called the
hospital and were told to bring the baby back. They returned to Martin
Army about 1:30 a.m. June 1, and McKenzy was pronounced dead at 3:55
a.m. The hospital collected X-rays and
CT scans of the baby’s skull, and a Georgia Bureau of Investigation
medical examiner conducted an autopsy June 2, 2008. According to the
GBI, McKenzy had fractures on both sides of her skull; her brain was
swollen; and she had internal bleeding. Her death was ruled a homicide. But was it? Dueling experts; The Debelbots’ appeal attorneys
say it was not: The child was born with abnormalities to her brain and
skull that led to her death after a difficult delivery, and no
subsequent trauma was inflicted upon her. “The autopsy images show a
grossly abnormal skull and brain. Trauma that occurred after McKenzy’s
birth cannot explain these abnormalities,” wrote one physician, later
adding: “The fracture on the right side of McKenzy’s skull had rounded
edges and missing pieces which strongly suggest that the fracture was
not acute. In other words, it is likely that it did not happen within
hours of McKenzy’s death.” Dueling experts in such matters
occupied hours of hearings on the Debelbots’ appeal here in Superior
Court, as attorneys debated defense claims that jurors in the couple’s
2009 trial would have reached a different verdict, had they heard
testimony from a defense expert to counter the state’s evidence the
child died from head trauma. In July 2015, defense witness Dr.
Julie Mack, a radiologist, testified that the right side of McKenzy’s
skull had a hole with “amorphous” or rounded edges, and not the sharp,
well-defined edges evidencing an acute or sudden fracture caused by
force. The following October, the
prosecution offered testimony from Dr. Susan Palasis, a pediatric
radiologist from Children’s Healthcare of Atlanta, who said the child’s
skull fractures and bleeding resulted from a “severe traumatic episode”
similar to what an unrestrained baby would suffer in a car wreck. “They were very bad fractures,” she said. “Someone injured this child.” Palasis was cross-examined by A.
James Anderson of Atlanta’s Robins Kaplan law firm, one of Ashley’s
appeal attorneys. Anderson claimed McKenzy’s delivery was problematic,
as the physician had to free one of the newborn’s shoulders to remove
her from the birth canal. Anderson said McKenzy wasn’t
feeding properly the next day and probably should not have been
discharged. The circumference of her head had swollen from 33½
centimeters to 35½, he said. Defense attorneys noted also that
the child’s scalp had shown no signs of abuse such as cuts or
scratches. Palasis said putting weight upon the infant’s head could have
fractured her skull without external injuries. Much of the medical evidence in
the appeal is based on McKenzy’s brain scans from Martin Army, which the
Debelbots’ trial attorneys did not see. Another issue in the new-trial
motion is whether the prosecution in 2009 had that evidence, and refused
to disclose it to the defense during discovery. In ruling against the Debelbots
last December, Judge Smith wrote that he found their experts unpersuasive: “The Court considered the credibility of the witnesses and
did not find the Defendants’ witnesses, expert and non-expert, to be
credible.” Rushed to trial? Because the jury in the
Debelbots’ 2009 trial never heard from a defense expert, their attorneys
were ineffective, and they did not get a fair trial, their appeal
argues. That was the subject of a hearing
Smith held July 17, 2015, when he heard testimony from William “Sandy”
Callahan, who in 2009 represented Ashley. Smith could not hear testimony
then from Albert’s trial attorney, William Mason, because Mason died of
liver cancer in August 2014. Other witnesses spoke to Mason’s reasoning
and trial strategy, which appeared to conflict with Callahan’s. Callahan wanted to hire an expert
witness to counter those the prosecution presented. Mason did not. Then
Callahan ran out of time to get the expert he wanted, because the case
was rushed to trial, he testified. Albert also took the witness
stand in 2015, to say he understood Mason’s trial strategy to be to
emphasize Albert’s character and military service, including medals he
won serving in Iraq in 2005 and 2006. But Mason also tried another tack: Blaming Ashley for the baby’s death. “He never told me about that,” Albert testified. A University of Wisconsin law
student who in 2013 worked on the case with the Wisconsin Innocence
Project confirmed this in an affidavit: She spoke with Mason before his
death, and he told her he accepted the state’s claim the baby’s death
was a homicide. According to the affidavit, Mason
“felt it was a shame that Albert was in prison, and that he thought
Albert was innocent, just that he was covering for his wife. Mason
indicated that at trial he had hoped Albert would say Ashley did it ...
but it was a ‘cultural thing’ for not blaming his wife during his
testimony.” Callahan had wanted to hire an
expert witness from Minnesota, Dr. John Plunkett, to counter testimony
from GBI medical examiner Dr. Lora Darrisaw, who conducted the infant’s
autopsy, but Mason did not. According to the law student’s
affidavit, Mason in 2013 told her “he felt that bringing in some expert
from Minnesota was not going to hold any weight with the jury in
Columbus.” Callahan testified he was caught
off guard when Mason filed a speedy trial demand, which cut short
Callahan’s effort to get an expert. Callahan, who served as a judge
advocate general in both the Navy and Army reserves, said he was on
reserve duty when told the Debelbots’ trial was about to start, even
though he’d filed a leave of absence for the time he’d be away. Callahan said he tried to get a
delay, but when the case was called on then-Judge Doug Pullen’s calendar
on Oct. 2, 2009, the judge told him, “We’re going to try this case. I
don’t care where you decide to go.” The trial started the following Oct.
26. Plunkett was not available until
November 2009, Callahan said, so he was compelled to go to trial without
a defense expert. Asked why he didn’t find a replacement, he said, “I
just didn’t have time.” Lacking an expert crippled Ashley’s defense, he testified: “Without that, I had nothing.” On Oct. 29, 2009, a jury
convicted Ashley and Albert Debelbot of malice or intentional murder, of
felony murder for killing McKenzy while committing the felony of
first-degree child cruelty, and of first-degree child cruelty. Each was
sentenced to life in prison. When Albert Omenged Debelbot was
sent off to prison on Dec. 21, 2009, he was 24 years old. Ashley Deone
Debelbot, sent to prison on Dec. 16, 2009, was 25. Today Albert is being held in the
Riverbend Correctional Facility in Milledgeville, according to the
Georgia Department of Corrections. Ashley is in the Pulaski State Prison
in Hawkinsville. The appeal; Now Albert is 33 and Ashley 34,
and they have a committed defense team trying to overturn their
convictions and win them a new trial.
Besides A. James Anderson of
Atlanta, Ashley’s attorneys include Anna Halsey of Eversheds Sutherland,
also of Atlanta, and Jimmonique R.S. Rodgers, James C. Bonner Jr. and
Brandon A. Bullard with the Georgia Public Defender Council’s Appellate
Division. Albert is represented by Thomas
Moffett Flournoy III, who heads the Chattahoochee Judicial Circuit
public defender’s office, and Carrie Sperling of the Wisconsin Innocence
Project, based at the University of Wisconsin Law School in Madison. The Wisconsin Innocence Project specializes in cases like the Debelbots’.
Representing the prosecution are Chattahoochee Judicial Circuit District Attorney Julia Slater, Assistant District Attorney Sadhana Dailey, Georgia Attorney General Christopher Carr, Deputy Attorney General Beth Burton, Senior Assistant Attorney General Paula Smith, and Assistant Attorney General Ashleigh Headrick. That roster does not mean all those lawyers will attend Tuesday’s Supreme Court session. Each side will get 20 minutes to address the court, and “each side” means only the defense and the prosecution: The Debelbots together get 20 minutes, not 20 minutes each. Among the issues the court will consider are: Was Albert’s defense so ineffective that his constitutional right to a fair trial was violated? Was the evidence insufficient to warrant his conviction? Was Ashley’s defense similarly ineffective in failing to call an expert witness, and the evidence against her also insufficient? Did the trial judge err in neglecting to tell jurors her “mere presence” in this case would not justify a conviction? Did the prosecution have McKenzy’s CT scans from Martin Army Hospital and refuse to disclose them to the defense? The prosecution argues that Albert’s attorney, William Mason, was not ineffective in declining to call a medical expert, as his strategy was to claim his client did nothing wrong. The evidence was sufficient to justify his verdict, the state maintains. In Ashley’s case, the evidence also was sufficient to support the verdict; the judge fairly instructed the jury on the law; and her defense attorneys failed to prove the prosecution had the hospital CT scans they claim were withheld, prosecutors argue. After hearing arguments Tuesday, the Supreme Court may overturn or affirm the convictions; or find fault with one aspect of the trial but not others and send the case back to Muscogee Superior Court for review. The decision must be rendered within two court terms, or in about six months, though it may come earlier, authorities said."
The entire story can be read at:
Representing the prosecution are Chattahoochee Judicial Circuit District Attorney Julia Slater, Assistant District Attorney Sadhana Dailey, Georgia Attorney General Christopher Carr, Deputy Attorney General Beth Burton, Senior Assistant Attorney General Paula Smith, and Assistant Attorney General Ashleigh Headrick. That roster does not mean all those lawyers will attend Tuesday’s Supreme Court session. Each side will get 20 minutes to address the court, and “each side” means only the defense and the prosecution: The Debelbots together get 20 minutes, not 20 minutes each. Among the issues the court will consider are: Was Albert’s defense so ineffective that his constitutional right to a fair trial was violated? Was the evidence insufficient to warrant his conviction? Was Ashley’s defense similarly ineffective in failing to call an expert witness, and the evidence against her also insufficient? Did the trial judge err in neglecting to tell jurors her “mere presence” in this case would not justify a conviction? Did the prosecution have McKenzy’s CT scans from Martin Army Hospital and refuse to disclose them to the defense? The prosecution argues that Albert’s attorney, William Mason, was not ineffective in declining to call a medical expert, as his strategy was to claim his client did nothing wrong. The evidence was sufficient to justify his verdict, the state maintains. In Ashley’s case, the evidence also was sufficient to support the verdict; the judge fairly instructed the jury on the law; and her defense attorneys failed to prove the prosecution had the hospital CT scans they claim were withheld, prosecutors argue. After hearing arguments Tuesday, the Supreme Court may overturn or affirm the convictions; or find fault with one aspect of the trial but not others and send the case back to Muscogee Superior Court for review. The decision must be rendered within two court terms, or in about six months, though it may come earlier, authorities said."
The entire story can be read at:
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/
Harold Levy: Publisher; The Charles Smith Blog;