Michigan Supreme Court Overturns Murder Conviction In Child's Death
BATTLE CREEK, Mich. (AP/WWJ) - The Michigan Supreme Court has overturned a murder conviction in the death of a 3-year-old girl in southwestern Michigan.
In a unanimous decision Monday, the court says Leo Ackley of Battle Creek was poorly served by a trial lawyer who failed to call any expert witnesses in Calhoun County court. Justice Bridget McCormack says expert testimony was "critical" in determining whether Baylee Stenman's death was intentional or accidental.
Ackley — who was 25 years old when he was charged in 2011 with murder and first degree child abuse — was watching Baylee, the daughter of his girlfriend, while the mother was working. She died at a hospital in Kalamazoo a few days after being found unresponsive.
Ackley testified he didn't harm the girl and that she must have fallen; but a pathologist said the girl was killed by a blow to the head.
McCormack says defense lawyer Ken Marks failed to "prepare or show up for the battle" between medical experts. The prosecutor had five.
Marks declined to comment on the decision. He said he's being sued by the 28-year-old Ackley, who will get a new trial.
TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.