Babick denied bond as AG considers next step

A Battle Creek man who last month won a new trial was denied his freedom Monday.

Andrew Babick was seeking his release on bond after Calhoun County Circuit Court Judge James Kingsley in November said Babick, 48, is entitled to a new trial for his conviction of felony murder in a 1995 Battle Creek house fire that killed two children.

The Michigan Innocence Clinic at the University of Michigan Law School brought the motion, arguing Babick was convicted because of faulty science pointing to arson.

The Michigan Attorney General prosecuted the case and was given 90 days to decide to drop prosecution, retry the case or appeal Judge Kingsley's decision.

And Monday lawyers for Babick said their client should be released while they wait for decision.

"Mr. Babick has a strong social and support network that if released would help insure he appears for all court procedures and achieves success on re-entry," Jonathan Koch, a student attorney argued.

Lawyers said Babick is not a threat to society, and that over his 18 years of incarceration he has a near perfect prison record.

Babick has written children's books, rehabilitated racing greyhounds for adoption and has completed several educational courses, Koch said.

Gregory Townsend, an assistant attorney general, opposed release and said his office is expected to either appeal the ruling or conduct a new trial rather than dropping the case.

"The decision is to appeal or go to trial," Townsend said. "Appeal or trial. I can honestly say that to the court."

The AG has to decide within 90 days of the Nov. 7, or Babick will be released and the case dismissed, Kingsley said.

But the judge said while the AG considers options, he will deny a motion to release Babick.

"The decision must be made in less than 60 days," Kingsley said. "Mr. Babick, I understand you have done well, but this is a murder case and there is light at the end of the tunnel and it will be appealed or retried or the people could conclude enough is enough and we are not going to appeal and we are not going to retry it."

Babick was convicted on felony murder charges in the Sept. 9, 1995, house fire that killed two brothers, Le'Daryus Fields, 3, and Le'Tonio Briggs, 2, and he was sentenced to life in prison without parole.

But last month Kingsley agreed with Babick's lawyers that trial testimony pointing to arson is now questionable because of new conclusions in fire science.

Babick was convicted by a jury after prosecutors argued that he had gone to the house to buy crack cocaine and then returned to either buy more or complain about the prior sale. They told the jury they believed Babick was angry and spread accelerants and set the fire.

Babick has denied intentionally starting the fire, arguing he may have fallen asleep on the porch and that a smoldering cigarette may have ignited a couch.

His lawyers contend that testimony from arson investigators has been compromised by new fire research and the fire could have been accidental.

Judge Kingsley ruled, in part, that a different verdict is probable if the case is retried.

Babick is housed at the Lakeland Correctional Facility in Coldwater.

Call Trace Christenson at 966-0685. Follow him on Twitter: @TSChristenson.