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Anthony Ball: Michigan; Shaken Baby Syndrome; Jury finds him not guilty of murder, guilty of child abuse (defence lawyer speculates this was possibly due to delay in seeking medical treatment); Ball is expected to appeal the child abuse verdict..."Ball was charged with injuring the child on Dec.18, 2014, in the Marshall apartment he shared with the little girl's mother, Briana Richards......... The child died from severe head trauma and prosecutors said she may have been shaken. Ball was caring for the girl while Richards was working and told investigators he had been rocking Athena and put her on a futon while he fixed dinner. When he returned to check her 90 minutes later he said she was not breathing and her lips were blue."..."Jurors left without speaking to reporters but Schroder said she believes they acquitted Ball of murder because of "the lack of evidence; any evidence of intent or that Mr. Ball directly caused those injuries. If I had to guess, the delay in medical treatment may have led to the verdict in count two. Ball told police after finding the child he drove her 10 to 15 minutes to the adult foster care home where Richards was working rather than to Oaklawn Hospital, a few blocks from their home. The child was then driven by ambulance to Bronson Methodist Hospital in Kalamazoo, where she died the next day.........Prosecutors presented doctors who told the jury during nearly two weeks of testimony that the brain injuries to the child were so severe she would have shown immediate symptoms. But a defense witness, Dr. Ljubisa Dragovic, the Oakland County medical examiner, said while he agreed the girl died from head trauma, "I can't give you an idea about how it happened." He also said dark blood found inside the skull might suggest the injury was old. During the trial Schroder argued nothing presented linked her client to the injuries, while prosecutors said Ball was with her during the period that doctors who were called by the prosecution said the injuries must have occurred.".

Next: Melissa Calusinski: CBS News "48 Hours" corrrespondent Erin Moriarty weighs in on the case of Melissa Calusinski, a former Illinois day care worker convicted in the death of a toddler in her care. (Moriarty investigated the case in the episode, “The Fight for Melissa.”)..."With medical experts on both sides contradicting each other at trial, prosecutors asked Dr. Montez to sew up their case as the last witness, the final voice the jury would hear before determining a verdict. The addition of Dr. Montez to the witness list just two weeks before trial came as a surprise to defense attorney, Paul Deluca. Dr. Montez was not the pathologist who did the two autopsies in the case. He played only a minor part in the investigation when he was called in to do what he described as a “curbside consult,” which meant looking through the case file, photographs and reports in the Kingan case and checking the work done by the first pathologist. On the stand, Dr. Montez told the jury that, as part of that “consult,” he examined the baby’s body. Although he took no notes and prepared no report at the time, he said that he had clear recall of the event that took place nearly three years earlier. “What I found was significant trauma, violent trauma to the head,” he told the jury. Dr. Montez was certain that the child had suffered a skull fracture. “Below the layer of the scalp…was an inch long through and through fracture of the skull itself,” he said. He knew, he said, because he had touched it. “I took the gloves off because I wanted to touch the fracture itself to make sure it was fresh because it looked fresh to me,” he said. Dr. Montez could not have been clearer about the fracture. He went on to say, “The other thing I did I took the skull and moved it...what I was able to do is move it, and I saw that fracture itself.” And again, when asked by the Assistant State’s Attorney Cristen Bishop, “You told us that you were able to actually touch that with your bare hands?” Dr. Montez answered, “correct.” He also told the jury that he had examined the child’s brain and had seen for himself where the massive bleeding had taken place. That testimony, says defense attorney Deluca, devastated his case, but what Dr. Montez said afterwards was most damaging. He told the jury that an injury like that could only be caused violent act, “a tremendous external force...impacted to the head.” Paul Deluca told me later that his client’s fate was sealed with Dr. Montez’ testimony. Melissa Calusinski was convicted of murder and is serving thirty- one years in prison. The question that Paul Deluca and many others are asking today is did Dr. Montez tell the truth that day? A new witness has come forward to claim the doctor did not."..."On Sept. 30, 2016, Judge Shanes denied Melissa Calusinski’s petition for a new trial. Judge Shanes, the same trial judge who had allowed Dr. Montez to testify at trial, did not find Paul Forman credible and rejected his testimony, adding that he himself had observed Dr. Montez at trial and does not believe he perjured himself. Discounting pediatric x-ray expert Dr. Zimmerman’s testimony that the images indicate no fracture, the judge concluded that the images simply aren’t clear enough to make that determination with absolute certainty."
Previous: Prof. Brandon L. Garrett: Potential ground rules for addressing unreliable forensic evidence: University of Virginia Law School, recommends a few - an an article published by The American Bar Association; (Which does not seem to be available for public access); Thnks to the Forensics Forum for drawing this article to our attention; (It's most unfortunate that we are considering potential ground rules now for a problem that has resulted in wrongful convictions in the U.S.A. and elsewhere for decades - but I will fall back on 'better late than never.' HL)...". Professor Garrett recommends the following measures should be taken if an area of forensic science is found to be unreliable: Statutory triggers to require audits of tainted crime lab evidence; Vigorous affirmative efforts to notify clients of the unreliable forensic evidence; Meaningful access to discovery including transcripts, lab notes, etc.; Allowing DNA testing when samples are available in a case; Hearings in which the burden is shifted to the government to prove that the case was not affected by tainted forensic evidence; Waiving procedural barriers to appeals;
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STORY: "Ball found not guilty murder, guilty child abuse," by reporter Trace Christenson, published by The Battle Creek Enquirer on December 19, 2016


GIST:  "A Calhoun County jury acquitted Anthony Ball of murder in the 2014 death of 20-month old Athena Ramey, the daughter of his former girlfriend. But on the second anniversary of the child's death, the eight women and four men found Ball, 30, guilty of second-degree child abuse.........Ball was charged with injuring the child on Dec.18, 2014, in the Marshall apartment he shared with the little girl's mother, Briana Richards......... The child died from severe head trauma and prosecutors said she may have been shaken. Ball was caring for the girl while Richards was working and told investigators he had been rocking Athena and put her on a futon while he fixed dinner. When he returned to check her 90 minutes later he said she was not breathing and her lips were blue. "He's not a murderer," Ball's mother, Julie Miller said as she left the courtroom. "I'm glad that is what it is. "We are of course disappointed that there was a guilty verdict," said Portage attorney Kymberly Schroder, who with her husband, Jeffrey, defended Ball. "But not guilty of first-degree felony murder is a huge success for us and for Anthony Ball. We are very pleased with that verdict. It is a 10-year felony but he can still have a productive life and be with his family. Schroder said she expects Ball will appeal the child abuse guilty verdict. Jurors left without speaking to reporters but Schroder said she believes they acquitted Ball of murder because of "the lack of evidence; any evidence of intent or that Mr. Ball directly caused those injuries. If I had to guess, the delay in medical treatment may have led to the verdict in count two. Ball told police after finding the child he drove her 10 to 15 minutes to the adult foster care home where Richards was working rather than to Oaklawn Hospital, a few blocks from their home. The child was then driven by ambulance to Bronson Methodist Hospital in Kalamazoo, where she died the next day.........Prosecutors presented doctors who told the jury during nearly two weeks of testimony that the brain injuries to the child were so severe she would have shown immediate symptoms. But a defense witness, Dr. Ljubisa Dragovic, the Oakland County medical examiner, said while he agreed the girl died from head trauma, "I can't give you an idea about how it happened." He also said dark blood found inside the skull might suggest the injury was old. During the trial Schroder argued nothing presented linked her client to the injuries, while prosecutors said Ball was with her during the period that doctors who were called by the prosecution said the injuries must have occurred.

The entire story can be found at:

http://www.battlecreekenquirer.com/story/news/local/2016/12/19/ball-found-not-guilty-murder-guilty-child-abuse/95619094/

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.

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