A forensics test that reportedly dates back to the 17th century was used as evidence during the conviction of Maryland woman Moira Akers, who was charged with killing her newborn back in 2018. She claimed her baby was stillborn, but evidence during her trial pointed to her being guilty. The now-allegedly unreliable “lung float” test was used as proof of Akers’ murder, along with her online searches for abortion and refusal of prenatal care.
Akers was sentenced to a 30-year sentence for second-degree murder back in 2022, but now she has a new upcoming trial in November. The reason is that there is cause to believe the evidence held against her, including the alleged proof of the lung float test, was questionable and possibly not correlated.
For those who don’t know, the lung float test involves removing a dead baby’s lungs and placing them in water to see whether they float. If they sink, it was an alleged sign the baby died as stillborn, but if they floated, the baby had breathed air, meaning it died after birth. According to The Real News Network, this method has been disavowed by the Maryland Department of Health.
The Lung Float Test Is Viewed as Questionable Evidence
On top of the National Association of Medical Examiners claiming the test was already not trustworthy back in October 2025, the fact that Maryland authorities now say the lung float test is not used regularly anymore brings Akers’ sentence into question. Her online searches and decision not to seek prenatal care, used as evidence against her, are also under reconsideration.
Based on this, Akers’ lawyer claims that she was determined to be guilty from the start, regardless of where the investigation led. But with the upcoming trial, Akers’ lawyer and supporters now feel as though she has a chance for her alleged innocence to be proven. Still, the lawyer believes officials might bring the test back as a means to ensure Akers remains guilty.
