Over the last few weeks, we have talked at length about Shaken Baby Syndrome, and the two trials in Calhoun County that were set to challenge this already questionable science. However, as it turns out, one of those trials has had an unfortunate outcome, at least for the defendant.

Ackley was one of two men, the other being Anthony Ball, who were both facing trial for allegedly abusing and killing their girlfriend’s children that they were babysitting at the time. In Ackley’s case, he was accused of murdering 3-year-old Baylee Stenman in 2011, while Ball was accused of the 2014 death of 20-month-old Athena Ramsey

With the wide net of suspicion that has been cast over shaken baby cases in recent years, many assumed that Ackley had a chance at freedom after the Supreme Court granted him a second trial. The attorney at his first trial chose not to hire expert witnesses to testify on Ackley’s behalf, although funding was made available to hire an expert witness, and a specific expert witness was even recommended.

As a result, in 2012 Ackley was convicted of killing his girlfriend’s daughter, Baylee. She was found unresponsive on the floor of her bedroom, where Ackley told police that he had discovered her after her nap. According to the prosecution, the child died as a result of blunt force trauma or being shaken.

Because Ackley was the only one home at the time, he was considered to be the only suspect. He denied any wrongdoing, however, and claimed that she must have been injured as a result of a fall from her bed. In addition, there was the fact that Bailey was nauseous a week before her death, indicating that her injury may have been old.

With the science behind Shaken Baby Syndrome proving to be questionable at best, it was assumed that Ackley may have had a good chance this time. Ackley’s new defense attorney argued that the medical science behind abusive head trauma is faulty, and an expert witness testified that Bailey’s autopsy had never been completed, leading to unanswered questions.

The prosecution argued that Bailey’s injury was far too severe for a short fall onto a carpeted floor. In addressing the court, Prosecutor David Gilbert explained why the prosecution had doubts. “This was not from a fall for falling off a swing or falling out of bed. It is from some significant force. We believe the child was slammed against something that caused those injuries.”

Unfortunately for Ackley, the 12 person jury agreed with the prosecution’s beliefs about abuse being the cause of Bailey’s death. They deliberated for more than 10 hours before deciding that he was indeed guilty of First Degree Child Abuse and Felony Murder.

While Ackely was convicted by a Jury of his peers, false allegations are still a very real and concerning issue, if you or a loved one have been falsely accused of abusing a child, contact us immediately at 800-576-6035. The trial attorneys at the Kronzek Firm have been battling false accusations of abuse for almost two decades now, and after many years of experience in this area, we have numerous expert witnesses who are available to our clients. We know this is difficult, but we are here for you.