PUBLISHER'S NOTE: When is the last time you learned of a case in which a prosecutor files a motion in court asking a judge to dismiss murder charges against two defendants who have already spent 12 years of their life sentence for murdering their child? Most would agree that this is a very rare occurrence. Yet this is exactly what is happening in the case of Ashley and Albert Debelbot. (Georgia): To understand what is happening here, a post which I ran on the Debelbot case on January 14, 2015, should be helpful; "The headnote to this post read: "Having been convicted of crushing their three-day-old infant's skull in June 2008, they are set to have a mid-July hearing on a new-trial motion, with his defense aided by new medical evidence and an attorney from the Wisconsin Innocence Project." The post was based on a story by reporter Tim Chitwood, published by the Ledger Enquirer on January 12 - to be found at the link below - which read in part.
"After a Columbus jury convicted Albert Omenged Debelbot and Ashley Deone Debelbot of murder in the June 1, 2008 death of daughter McKenzy, then-Superior Court Judge Doug Pullen sentenced them to life in prison on Oct. 29, 2009. But defense attorneys maintain the Debelbots didn’t get a fair trial, and the infant’s death could have resulted from a problematic pregnancy and delivery.........A Georgia Bureau of Investigation medical examiner told police the child’s trauma was consistent with her having been slammed against a wall or stomped on the head. The Debelbots denied that. Now Albert Debelbot’s defense team has statements from medical experts who upon reviewing the records believe the infant was born with brain and skull abnormalities that could have led to her death. “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."
Twelve years is a terribly long time - especially since the charges should not have been laid in the first place - but at least, by moving to dismiss the charges in these most unusual circumstances, prosecutors are finally acknowledging what the Debelbots maintained from the outset: The truth that the child tragically died because of physiological abnormalities - and the Debelbots had absolutely nothing to do with her death. The truth that they were innocent, grieving parents who should have been allowed to mourn, who should have been showered with the community's compassion and support, instead of being treated like violent criminals worthy only of stigma, punishment and scorn.
Harold Levy: Publisher. The Charles Smith Blog.
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STORY: "DA files motion to dismiss charges against parents convicted of murdering child," by Reporter Chuck Williams, published by WRBL on March 27, 2021.
PASSAGE OF THE DAY: "The child was born in late May 2008 at Martin Army Hospital on Fort Benning. Not long after she was home at their apartment on Buena Vista Road in Columbus, a bump was discovered on her forehead. She taken back to Martin Army Hospital, where she died June 1, 2008. The couple was convicted on murder charges and sentenced to life in prison. They had served about 12 years each on the sentences when the Supreme Court ruled “I don’t think that prosecuting this case is the best use of time in District Attorney’s office right now,” Jones said. “They have served a total of 24 years in prison.""
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GIST: "Muscogee County District Attorney Mark Jones has filed a motion to dismiss charges against a Columbus mother and father convicted of murdering their child. Ashley and Albert Debelbot were convicted in Superior Court in 2009 of killing their daughter, McKenzy.
In February of last year, the Georgia Supreme Court overturned the convictions on grounds that the military couple was denied their Sixth Amendment right to effective assistance of counsel during their trial.
Jones inherited the case when he took office in January. Previous District Attorney Julia Slater’s office had indicated they were going to retry the couple in front of Judge Art Smith.
Jones’ tells News 3 his office is asking the court to drop the charges.
“I am not saying they are innocent, but there is reasonable doubt,” Jones said.
Expert defense witnesses were prepared to testify that the child suffered from a birth defect and was not harmed by the parents.
The child was born in late May 2008 at Martin Army Hospital on Fort Benning. Not long after she was home at their apartment on Buena Vista Road in Columbus, a bump was discovered on her forehead. She taken back to Martin Army Hospital, where she died June 1, 2008.
The couple was convicted on murder charges and sentenced to life in prison. They had served about 12 years each on the sentences when the Supreme Court ruled
“I don’t think that prosecuting this case is the best use of time in District Attorney’s office right now,” Jones said. “They have served a total of 24 years in prison.”
The motion has not been signed."
The entire story can be read at:
https://www.wrbl.com/news/crime/da-files-motion-to-dismiss-charges-against-parents-convicted-of-murdering-child/
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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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog; -----------------------------------------------------------------
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD (FOR NOW!): "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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