Maryland woman faces new trial over discredited forensic evidence

A Maryland woman, Moira Akers, is set for a new trial in November following questions regarding the forensic evidence used to convict her of second-degree murder in 2022. Akers was convicted for the 2018 death of her newborn, which prosecutors argued was an asphyxiation rather than a stillbirth.

The conviction relied heavily on the “lung float test,” a centuries-old method that determines if a deceased infant breathed air by observing whether their lungs float in water. The test has since been widely discredited by the medical community and the National Association of Medical Examiners for lacking methodological rigor and precision. The Maryland Department of Health has also disavowed the method.

In addition to the contested forensic test, the prosecution utilized Akers’ lack of prenatal care and her online searches for abortion services as evidence of intent. The autopsy report used in the original trial was signed by former Maryland chief medical examiner Dr. David Fowler. Akers’ legal team argues that the investigation was biased from the start and seeks to prove her innocence through the upcoming proceedings.