Judge rejects delays in trials over child deaths

A Calhoun County judge said Monday he will not delay the trials of two men charged in separate homicide cases of children.

But attorneys for both said they will immediately file motions with the Michigan Court of Appeals seeking delays.

Circuit Judge John Hallacy denied the motions brought by attorneys for Leo Ackley and Anthony Ball to delay their murder trials while they appeal Hallacy's decision on introduction of evidence from July.

Ackley, 29, was granted a new trial last year by the Michigan Supreme Court after his 2011 murder and child abuse convictions in the death of 3-year-old Baylee Stenmann in Battle Creek.

Ball, 29, is awaiting trial in the Dec. 19, 2014, death of Athena Ramey, 20, months in Marshall.

Both men were caring for the children of their girlfriends when the fatal injuries occurred.

In July attorneys for both challenged scientific evidence from doctors presented by prosecutors. In both cases doctors concluded that the children died from severe head trauma and that the injuries were caused by intentional and violent acts and not from accidental injuries like falls or a traffic crash.

At the July hearing, Andrew Rodenhouse, representing Ackley, and Kymberly Schroder argued that the science of determining the cause of deaths in young children is changing and they should be allowed to challenge the credibility of the experts before the cases go to trial.

Ackley is scheduled to be tried beginning Oct. 4 and Ball's trial is scheduled for later in October.

Ackley was granted a new trial after the court ruled his trial attorney was ineffective because experts were not called to contest prosecution witnesses who said the victim in that case suffered severe head trauma.

Prosecutors have alleged that Athena Ramey also died from severe trauma to her head.

In July Hallacy ruled that both sides can present scientific evidence and declined to decide then if either side should be limited in their presentation about how the children died.

Both defendants have filed appeals to that ruling with the Michigan Court of Appeals and both Rodenhouse and Schroder appeared Monday asking Hallacy to delay the trials while they wait for a decision. Both attorneys have argued that they were not able to conduct a full hearing to challenge the science of Abusive Head Trauma and Shaken Baby Syndrome.

"Let's give the Court of Appeals a chance and stay this proceeding," Rodenhouse said.

Assistant Prosecutor Jennifer Clark argued that the trials should not be delayed.

Hallacy said then, and again Monday, he was ruling that both sides were able to present arguments for and against the conclusions of the doctors.

"The Court of Appeals said this is an issue where opinions can differ and that is for cross-examination," Hallacy said.

Both attorneys said after the Monday hearing they will file an emergency motion with the Court of Appeals to stop the trials until the appeals are heard.

Contact Trace Christenson at 269-966-0685 or tchrist@battlecreekenquirer.com. Follow him on Twitter: @TSChristenson