PASSAGE OF THE DAY: "The Michigan Court of Appeals has affirmed the conviction and life sentence of a Battle Creek man charged with killing a 3½-year-old girl. By a unanimous decision, the three-judge panel upheld the conviction of Leo Ackley, 31, who was charged with first-degree felony murder and child abuse in the Aug. 1, 2011 death of his former girlfriend's daughter, Baylee Stenman. Ackley was first convicted in 2012 but granted a new trial three years later by the Michigan Supreme Court because his original defense attorney did not call expert witnesses to contradict testimony presented by prosecutors that the child died from abusive head trauma. Judges and attorneys across the state considered the Supreme Court decision as mandating that expert witnesses be found and called to testify in many criminal cases."
STORY: "Court of Appeals upholds second Ackley murder conviction in death of young girl," by reporter Trace Christenson, published by The Battlefield Inquirer on August 2, 2018.
GIST: "The
Michigan Court of Appeals has affirmed the conviction and life sentence
of a Battle Creek man charged with killing a 3½-year-old girl. By
a unanimous decision, the three-judge panel upheld the conviction of
Leo Ackley, 31, who was charged with first-degree felony murder and
child abuse in the Aug. 1, 2011 death of his former girlfriend's
daughter, Baylee Stenman. Ackley
was first convicted in 2012 but granted a new trial three years later
by the Michigan Supreme Court because his original defense attorney did
not call expert witnesses to contradict testimony presented by
prosecutors that the child died from abusive head trauma. Judges
and attorneys across the state considered the Supreme Court decision as
mandating that expert witnesses be found and called to testify in many
criminal cases. In
a second trial in 2016, after hearing four days of testimony and
deliberating 11½ hours a jury of seven woman and five men found him
guilty of both charges. Calhoun County Circuit Court Judge John Hallacy
sentenced Ackley to a mandatory sentence of life in prison without
parole. Ackley has always maintained his innocence. In
an eight-page opinion on Thursday the appeals court denied defense
objections that experts in abusive head trauma be allowed to testify for
prosecutors. Some experts argue that the symptoms are similar to those
found after a small child falls. The court ruled that juries should be cautious about the testimony but can consider it. And
the judges concluded that "lack of universal acceptance does not per se
establish that it is unscientific or unsound. Scientific disputes
should be resolved by scientists not by lawyers." The
court, in its opinion also dismissed arguments that a doctor who is an
expert in child abuse should not have been allowed to testify about
injuries to the child and that Ackley's trial attorney in 2016 was
ineffective. The
court also said it found enough evidence to support a conviction even
though, as the defense argued, what, when, where and by whom the
injuries were inflicted was speculative. The
court said an eyewitness was not required and there was evidence to
show that Ackley was caring for the child and that the injuries were not
a result of an accidental fall."
The entire story can be read at:
https://www.battlecreekenquirer.com/story/news/2018/08/02/court-upholds-second-ackley-murder-conviction-death-young-girl/890360002/
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/
