Convicted Murderer To Get New Trial In Baby's Death; Judge Asked Too Many Questions
JACKSON (WWJ/AP) - The Michigan Supreme Court has overturned the murder conviction of a man accused of killing his 3-month-old son, saying his rights were violated by a hostile judge who repeatedly asked questions at trial.
Adams Stevens, of Jackson County, was convicted of second-degree murder and child abuse in the 2010 death of his son, Kian.
"Stevens said he dropped the baby after tripping over a toy truck, but the jury didn't buy his story -- possibly because Stevens never mentioned the baby-dropping incident during interviews with police," said WWJ Legal Analyst Charlie Langton.
Prosecutors told the court that Stevens, now 32, shook the boy or slammed him down, causing "abusive head trauma" that led to his death. He was convicted and sentenced to 25 to 50 years in prison.
However, in a unanimous decision Thursday, the Supreme Court said Jackson County Judge John McBain appeared biased and likely influenced the jury, especially when he acted like a prosecutor while questioning a defense expert.
"A judge can legally ask questions at trial but, as the Supreme Court said, those questions cannot appear in any way to make the judge biased," said Langton.
Steven will now get a new trial with a different judge. A date has not been set.
Langton said he thinks the court made the appropriate decision.
"I don't like judges who ask questions. I want to try the case," he said. "The judge should be sitting there and just rule on objections. They can ask a couple of little questions but you have to be careful because juries usually look to the judge for guidance. And at the end of the case, judges give the law to the jury. So, judges should really stay back, take notes, and just moderate the two lawyers. That's it."
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