Thomas J. Prohaska LOCKPORT — Defense attorneys for a Niagara Falls couple accused of murder in the death of their 22-month-old daughter are trying to keep the couple’s child care techniques out of their trial, now set for Jan. 31.
In Niagara County Court Friday, Joseph Terranova, attorney for Randy Colucci Sr., accused the prosecution of trying to portray Randy, 25, and his wife, Nicole Colucci, 24, as “a white trash family.”
Bringing in testimony about problems in the Colucci household that weren’t included in the indictment would expand the case, he said.
“It should not be expanded to show that these are just bad people who shouldn’t have children,” Terranova said.
The murder charge accuses the Coluccis of “depraved indifference to human life” in the way they treated 22-month-old Carmen, leading to her death.
About noon March 31, Randy Colucci discovered Carmen’s neck trapped between the top rail of a playpen and a mattress, weighed down by a TV set, that had been placed over the playpen to keep Carmen and her 1-year-old brother Randy Jr. from climbing out.
Carmen died April 8 after being taken off life support in Women & Children’s Hospital.
In an evidentiary hearing Friday, Niagara Falls Detective Patricia McCune testified that staffers at Niagara Falls Memorial Medical Center called her March 31 to report finding “abrasions and blistering around [Carmen’s] genital area.”
Assistant District Attorney Robert A. Zucco said the injuries were from “extreme diaper rash.”
Zucco charged that 9-year-old Shawna Starcher, the oldest of what at the time was a family of five children and stepchildren, had become the primary caregiver for her sib-lings. Nicole Colucci had another daughter Aug. 25.
“[Carmen] had open lesions from diaper rash from having a 9-year-old do it. That’s indifference,” Zucco said. “She caught her head because Shawna was the one to make sure she was safe before [Shawna] goes to school.”
Among the topics the defense lawyers want suppressed are the 2007 death of one of the couple’s other children from Sudden Infant Death Syndrome and another incident similar to the one March 31.
In that incident, Shawna rescued Carmen from potential death, Terranova said.
Last month in court, Zucco accused the Coluccis of hitting their children with sticks and duct-taping their legs together. The house on 22nd Street in Niagara Falls, also home to Randy’s parents, allegedly was strewn with garbage and animal waste.
“The prosecutor is trying to show this was a white trash family and that a level of neglect permeated the household,” Terranova said.
Zucco said that the two children were placed in the playpen at 7 p. m. March 30 and ignored until noon the next day while the adult Coluccis slept.
“If they had shown some care for this child even after putting her in a potentially lethal situation, this homicide, this death, would not have happened. That’s the crux of depraved indifference,” Zucco said.
Nicole’s lawyer, Assistant Public Defender Christopher A. Privateer, said the SIDS death of Sebastian Colucci should be out of bounds.
“It’s apparently an attempt to assign fault to my client for the death,” Privateer said.
McCune testified that Nicole told her that Carmen woke up about 10:30 a. m. March 31 and came downstairs on her own to have breakfast before going back up to nap.
McCune said she didn’t buy it. “I said, ‘She just came downstairs from bed. Why would she need a nap?’ I told her to be honest with me.” That was when Nicole conceded the children hadn’t been checked in 17 hours.
However, McCune said the whole interview was conducted March 31 without reading Nicole her rights. McCune claimed she didn’t have to do so because she didn’t consider Nicole a suspect at the time.
Officer Sanya Drinks-Brudes, the first to arrive at the home, said she found Theresa Colucci, the baby’s grandmother, performing CPR on Carmen on the dining room table. McCune testified that Nicole Colucci told her of changing Carmen’s diaper while CPR was going on.
Sperrazza reserved decision on admissibility of the uncharged accusations and said a hearing on Nicole’s statements to police must continue Jan. 4.
http://www.buffalonews.com/city/police-courts/courts/article287398.ece
Showing posts with label murder charge.. Show all posts
Showing posts with label murder charge.. Show all posts
Tuesday, 28 December 2010
Sunday, 26 December 2010
SBS: Australia: Shaun Anthony Edwards
Amelia Bentley : December 22, 2010
A Gold Coast man accused of shaking his newborn baby girl to death remains in prison after an application for bail was denied today.
Lawyers for New Zealand-born Shaun Anthony Edwards, 23, argued in the Brisbane Supreme Court this morning that the case against their client "could not be described as strong".
Mr Edwards is accused of murdering the 19-day-old girl, who died from head injuries after she was rushed to hospital in October last year.
Pathologists say the girl died from brain injuries consistent with being shaken. She also had a fractured skull at the time of her death.
The court heard Mr Edwards admitted to shaking the infant for "a few seconds" out of frustration.
The child's mother told police Mr Edwards had also told her he slapped the baby while she was showering.
Defence barrister Mark Johnson said the murder charge was "not strong", but there was a possibility a jury could convict him of the lesser charge of manslaughter.
He said his client had been in custody for the past 15 months and it was not likely the case would reach a trial in the Supreme Court until the second half of 2012.
Mr Johnson said there was a risk he would serve time in pre-sentence custody than he would receive behind bars if convicted of manslaughter.
"He's a young man who seems to have been leading a normal and productive life," he said.
In refusing bail, Justice Glenn Martin said there was always a risk those facing murder charge and a mandatory life sentence would flee the jurisdiction.
He said it was unlikely, if convicted of manslaughter, Mr Edwards would risk being in custody on remand longer than he would be have been sentenced.
http://www.brisbanetimes.com.au/queensland/baby-shake-accused-remains-behind-bars-20101222-1955x.html
Lawyers for New Zealand-born Shaun Anthony Edwards, 23, argued in the Brisbane Supreme Court this morning that the case against their client "could not be described as strong".
Mr Edwards is accused of murdering the 19-day-old girl, who died from head injuries after she was rushed to hospital in October last year.
Pathologists say the girl died from brain injuries consistent with being shaken. She also had a fractured skull at the time of her death.
The court heard Mr Edwards admitted to shaking the infant for "a few seconds" out of frustration.
The child's mother told police Mr Edwards had also told her he slapped the baby while she was showering.
Defence barrister Mark Johnson said the murder charge was "not strong", but there was a possibility a jury could convict him of the lesser charge of manslaughter.
He said his client had been in custody for the past 15 months and it was not likely the case would reach a trial in the Supreme Court until the second half of 2012.
Mr Johnson said there was a risk he would serve time in pre-sentence custody than he would receive behind bars if convicted of manslaughter.
"He's a young man who seems to have been leading a normal and productive life," he said.
In refusing bail, Justice Glenn Martin said there was always a risk those facing murder charge and a mandatory life sentence would flee the jurisdiction.
He said it was unlikely, if convicted of manslaughter, Mr Edwards would risk being in custody on remand longer than he would be have been sentenced.
http://www.brisbanetimes.com.au/queensland/baby-shake-accused-remains-behind-bars-20101222-1955x.html
Thursday, 16 December 2010
SBS: Arizona: Hernandez
10 Dec 2010
MIRIAM GARCIA
PHOENIX - It's a tragic case of child abuse: a 3-month-old boy was beaten to death and police say his father is to blame. Now the boy's mother speaks exclusively to FOX 10.
PHOENIX - It's a tragic case of child abuse: a 3-month-old boy was beaten to death and police say his father is to blame. Now the boy's mother speaks exclusively to FOX 10.
The mother, who should have been enjoying motherhood, is now preparing to bury her young son.
Police say the child's father admitted to shaking his own son. The boy clung to life at an area hospital for three days before he passed away.
"He was breathing and he died, but he died in my arms," said Imari McClure, the boy's mother.
McClure never though she would be planning a funeral for her 3-month-old baby boy. Francisco Hernandez, Jr. died of shaken baby syndrome on Wednesday.
"I begged him to wake up..I said if he loves me, he would wake up," said McClure.
On Monday morning, police say the baby's father who is also named Francisco Hernandez, shook the child so hard it caused brain swelling. Imari and the child's father aren't together, so she got the call at home.
"I don't think is really the word for it..I'm really angry..I just want to know why," she said.
Phoenix Police arrested Hernandez on an outstanding warrant. They say he has a violent criminal past. While being questioned, police say Hernandez admitted to shaking the baby out of frustration.
Imari says she never though Hernandez would hurt his own son.
"I just don't understand..I hate him," she said. "It's not fair because he could have called..and please pick him up."
Hernandez is facing a child abuse and murder charge.
http://www.myfoxphoenix.com/dpp/news/crime/shaken-baby-death-case-12102010
Police say the child's father admitted to shaking his own son. The boy clung to life at an area hospital for three days before he passed away.
"He was breathing and he died, but he died in my arms," said Imari McClure, the boy's mother.
McClure never though she would be planning a funeral for her 3-month-old baby boy. Francisco Hernandez, Jr. died of shaken baby syndrome on Wednesday.
"I begged him to wake up..I said if he loves me, he would wake up," said McClure.
On Monday morning, police say the baby's father who is also named Francisco Hernandez, shook the child so hard it caused brain swelling. Imari and the child's father aren't together, so she got the call at home.
"I don't think is really the word for it..I'm really angry..I just want to know why," she said.
Phoenix Police arrested Hernandez on an outstanding warrant. They say he has a violent criminal past. While being questioned, police say Hernandez admitted to shaking the baby out of frustration.
Imari says she never though Hernandez would hurt his own son.
"I just don't understand..I hate him," she said. "It's not fair because he could have called..and please pick him up."
Hernandez is facing a child abuse and murder charge.
http://www.myfoxphoenix.com/dpp/news/crime/shaken-baby-death-case-12102010
Thursday, 25 November 2010
SIDS: Griffin, New Jersey, charged with murder
Authorities in southern New Jersey say a man smothered his 4-week-old son with a pillow when the infant would not stop crying, then left him alone when he realized the child wasn’t breathing. ~ Burlington County Prosecutor Robert Bernardi said Sunday that 25-year-old Erik D. Griffin of Burlington City was charged with murder. He was being held in the county jail on $750,000 bail. ~ Bernardi said Griffin put the pillow over his son, Nyir, on Thursday to stop him from crying. Griffin removed the pillow once the infant stopped, but then left the home when he noticed the boy wasn’t breathing. ~ Robin Rieger
http://www.buzzbox.com/news/2010-11-15/death:infant/?clusterId=2446492
Wednesday, 29 September 2010
Child abuse: Indiana
LIZ SHEPARD September 22, 2010
Port Huron Police Detective Brian Kerrigan held a binder on his forearm, demonstrating the way Scott Syzak showed him he had put oil on his 4-month-old daughter during a bath in 1995.
The detective then violently flipped his arm over, throwing the notebook to the ground, the same way he said Syzak demonstrated he put his daughter down.
The smack of the notebook hitting the ground in District Judge John Monaghan's courtroom seemed to send a tremor through the room, with those watching Syzak's preliminary examination gasping, covering their faces and dabbing away tears.
Kerrigan said that, while Syzak demonstrated how he put his daughter down, he spoke of his frustration with life and difficulties adjusting to life outside of prison at the time of the incident.
Syzak had been charged with abusing a 6-month-old child he was baby-sitting in 1989 in Tuscola County. He was sentenced to 32 to 48 months in prison.
Kerrigan said Syzak also told him during an interview that he did not like to be alone with the 6-month-old.
Syzak, 43, of Hobart, Ind., was bound over to circuit court on a charge of open murder, habitual offender fourth, after about two hours of testimony Tuesday.
In 1995, Syzak and his wife, Candace Syzak, told authorities the baby had fallen while getting a bath from her mother.
Kerrigan said he traveled to Indiana on Aug. 26 to interview Syzak after law-enforcement officials informed Port Huron authorities Syzak had made comments about the death of his daughter.
Kerrigan said Syzak's story of what happened the day his daughter was injured changed. In the first scenario, she had slipped out of his arms. In the later scenario, he had put her down with too much force.
Officials have said Jessica Syzak died of her injuries about a month afterward. The family was living in Port Huron at the time of the child's death.
Richard Anderson, the acting medical examiner in 1995, said he performed an autopsy on the infant.
He said the girl had a large skull fracture and the brain tissue underneath it had disintegrated.
"That is a massive injury," Anderson said, adding his findings were not consistent with a fall of about two feet.
As the doctor detailed the injuries he found on the girl, Syzak looked toward the courtroom windows, his legs constantly moving, making his shackles and the attached chains jingle.
Anderson said that in 1995 he ruled the death might have been caused by a seizure, but that was a direct result of the head injury.
He also found hemorrhaging behind the girl's eyes, a sign of shaken baby syndrome, he said.
Jessica also had nine broken ribs in the process of healing, Anderson said.
"That indicates child abuse," he said.
Anderson said he also believed the scene at the Syzak's home had been staged.
He said Jessica was wearing a blue sleeper, which was very clean.
"That's very unusual for a death scene," Anderson testified.
He said the child also showed signs of rigor mortis, which can take hours to set in after a death.
A circuit court arraignment date has not been scheduled for Syzak.
SBS: Maryland
WORCESTER — Jury selection began yesterday for the Worcester Superior Court trial of a Gardner woman charged with murder in the death of her 2-year-old daughter.
Michelle L. Lepkowski, 35, formerly of 45 Grant St., Gardner, has pleaded not guilty to charges of murder, assault and battery on a child causing substantial bodily injury and reckless endangerment of a child in the May 18, 2007, death of her daughter, Raelynn T. Mascal.
The child died after being taken from her mother’s apartment to Henry Heywood Hospital in Gardner suffering from injuries to her head, face and torso, according to authorities.
Assistant District Attorney Paula J. Frasso, who is prosecuting the case, said during a pretrial hearing last week that the 2-year-old died as a result of blunt force trauma and shaken baby syndrome.
A total of 16 jurors, including four alternates, will be seated for the trial, which is expected to last about 10 days. Jury selection was scheduled to resume today after nine jurors were chosen yesterday.
Ms. Lepkowski is represented by lawyer Barry P. Wilson. Judge Janet Kenton-Walker is presiding over the trial.
Luke Malizia, 24, of Gardner, Ms. Lepkowski’s boyfriend at the time of her daughter’s death, is awaiting trial on accessory and reckless endangerment of a child charges.
http://www.telegram.com/article/20100921/NEWS/9210328/-1/NEWS05
Michelle L. Lepkowski, 35, formerly of 45 Grant St., Gardner, has pleaded not guilty to charges of murder, assault and battery on a child causing substantial bodily injury and reckless endangerment of a child in the May 18, 2007, death of her daughter, Raelynn T. Mascal.
The child died after being taken from her mother’s apartment to Henry Heywood Hospital in Gardner suffering from injuries to her head, face and torso, according to authorities.
Assistant District Attorney Paula J. Frasso, who is prosecuting the case, said during a pretrial hearing last week that the 2-year-old died as a result of blunt force trauma and shaken baby syndrome.
A total of 16 jurors, including four alternates, will be seated for the trial, which is expected to last about 10 days. Jury selection was scheduled to resume today after nine jurors were chosen yesterday.
Ms. Lepkowski is represented by lawyer Barry P. Wilson. Judge Janet Kenton-Walker is presiding over the trial.
Luke Malizia, 24, of Gardner, Ms. Lepkowski’s boyfriend at the time of her daughter’s death, is awaiting trial on accessory and reckless endangerment of a child charges.
http://www.telegram.com/article/20100921/NEWS/9210328/-1/NEWS05
Monday, 6 September 2010
SBS: Idaho: Boise man charged with murder for shaking death of infant
By Patrick Orr 08/30/10
document.write("");
Hearing delayed for Boise man charged in death of infant daughter
A preliminary hearing has been delayed for the man charged in the shaking death of his infant daughter.
Jeffery Baker, 50, of Boise is charged with first-degree murder in the death of 11-week-old Gracelynn Noelle Baker.
The hearing was postponed until Aug. 30.
Suspect in Boise shaken baby homicide says he doesn't 'agree' with murder charge
Jeffery Allen Baker is being held in the Ada County Jail on a charge of first-degree murder for the death of his infant daughter earlier this year after declining Monday to even ask for a bond amount for his release.
The public defender representing Baker told 4th District Magistrate Michael Oths that Baker agreed to remain in jail with no bond and wouldn’t revisit that issue until a preliminary hearing on the murder charge, which is tentatively scheduled for July 12.
Boise police arrested Baker, who was already in jail for an unrelated criminal case, Friday for the May 14 death of his 11-week old daughter Gracelynn.
Jeffrey Baker, suspect in baby's death, will stay in jail
Little new emerged in court Monday - that's because attorneys for Jeffrey A. Baker, charged with murdering his 11-week-old daughter Gracelynn earlier this May, agreed he should stay in jail without bond, so prosecutors didn't have to disclose the probable cause that led to the arrest. A preliminary hearing was tentatively scheduled for July 12.
Boise police say the baby died as the result of abusive head trauma. Prosecutors are charging Baker with first-degree murder, claiming he killed the infant while committing another crime: aggravated battery on an infant.
When asked by the magistrate if he understood the charges against him, Baker replied, "I don't agree with it" before his public defender stopped further comment.
Mother struggles after father charged in 11-week-old's death
Jeffery Allen Baker, 50, is charged with first-degree murder in the death of his 11-week-old daughter, Gracelynn Noelle Baker.
Gracelynn died May 14 from abusive head trauma, according to Ada County Coroner Erwin Sonnenberg.
Jeffery Alan Baker - the 50-year-old who is accused of shaking his 11-week-old daughter to death in May - is scheduled to enter a plea in his first degree murder case later this week.
Fourth District Magistrate Daniel Steckel determined last Friday at the conclusion of a preliminary hearing there is enough probable cause to charge Baker with first degree murder and move the case to the District Court, where felonies are tried.
Baker is now set to enter a plea in front of 4th District Judge Patrick Owen Sept. 3.
Baker is accused of fatally injuring 11-week-old Gracelynn Noelle Baker at his Southeast Boise home on May 10. Gracelynn died May 14 from abusive head trauma - an injury commonly referred to as shaken baby syndrome - according to Ada County coroner’s reports.
Boise police say Baker injured his daughter on or about May 10 by "an act or acts of physical force or violence" causing an "abusive head injury" from which she died, according to court records.
The charge of first degree murder is punishable by up to life in prison.
Baker, who was in jail for an unrelated crime when he was arrested on the murder charge in June, did time at Idaho prisons for two forgery convictions related to offenses that occurred in 1998, one in Elmore County and one in Ada County, according to the Idaho Department of Correction.
He was released on parole on Feb. 22, 2006.Read more: http://www.idahostatesman.com/2010/08/30/1321023/boise-man-charged-with-murder.html#ixzz0yltW6OiT
document.write("");
Hearing delayed for Boise man charged in death of infant daughter
A preliminary hearing has been delayed for the man charged in the shaking death of his infant daughter.
Jeffery Baker, 50, of Boise is charged with first-degree murder in the death of 11-week-old Gracelynn Noelle Baker.
The hearing was postponed until Aug. 30.
Suspect in Boise shaken baby homicide says he doesn't 'agree' with murder charge
Jeffery Allen Baker is being held in the Ada County Jail on a charge of first-degree murder for the death of his infant daughter earlier this year after declining Monday to even ask for a bond amount for his release.
The public defender representing Baker told 4th District Magistrate Michael Oths that Baker agreed to remain in jail with no bond and wouldn’t revisit that issue until a preliminary hearing on the murder charge, which is tentatively scheduled for July 12.
Boise police arrested Baker, who was already in jail for an unrelated criminal case, Friday for the May 14 death of his 11-week old daughter Gracelynn.
Jeffrey Baker, suspect in baby's death, will stay in jail
Little new emerged in court Monday - that's because attorneys for Jeffrey A. Baker, charged with murdering his 11-week-old daughter Gracelynn earlier this May, agreed he should stay in jail without bond, so prosecutors didn't have to disclose the probable cause that led to the arrest. A preliminary hearing was tentatively scheduled for July 12.
Boise police say the baby died as the result of abusive head trauma. Prosecutors are charging Baker with first-degree murder, claiming he killed the infant while committing another crime: aggravated battery on an infant.
When asked by the magistrate if he understood the charges against him, Baker replied, "I don't agree with it" before his public defender stopped further comment.
Mother struggles after father charged in 11-week-old's death
Jeffery Allen Baker, 50, is charged with first-degree murder in the death of his 11-week-old daughter, Gracelynn Noelle Baker.
Gracelynn died May 14 from abusive head trauma, according to Ada County Coroner Erwin Sonnenberg.
Jeffery Alan Baker - the 50-year-old who is accused of shaking his 11-week-old daughter to death in May - is scheduled to enter a plea in his first degree murder case later this week.
Fourth District Magistrate Daniel Steckel determined last Friday at the conclusion of a preliminary hearing there is enough probable cause to charge Baker with first degree murder and move the case to the District Court, where felonies are tried.
Baker is now set to enter a plea in front of 4th District Judge Patrick Owen Sept. 3.
Baker is accused of fatally injuring 11-week-old Gracelynn Noelle Baker at his Southeast Boise home on May 10. Gracelynn died May 14 from abusive head trauma - an injury commonly referred to as shaken baby syndrome - according to Ada County coroner’s reports.
Boise police say Baker injured his daughter on or about May 10 by "an act or acts of physical force or violence" causing an "abusive head injury" from which she died, according to court records.
The charge of first degree murder is punishable by up to life in prison.
Baker, who was in jail for an unrelated crime when he was arrested on the murder charge in June, did time at Idaho prisons for two forgery convictions related to offenses that occurred in 1998, one in Elmore County and one in Ada County, according to the Idaho Department of Correction.
He was released on parole on Feb. 22, 2006.Read more: http://www.idahostatesman.com/2010/08/30/1321023/boise-man-charged-with-murder.html#ixzz0yltW6OiT
SBS: Geprgia: Stepfather now faces murder charge
Charges against an Augusta stepfather have been upgraded to murder after his 2-year-old step-son died Wednesday, according to Richmond County sheriff’s Capt. Scott Peebles.
Darian Xavier Thomas, 20, of the 3500 block of Shadybrook Drive, has been held on charges of cruelty of children in the first degree since Aug. 19.
Keontrez Demitrius Sherman was admitted to Medical College of Georgia Hospital on Aug. 18 after Thomas called 911 reporting the boy was unresponsive.
The child was on life support until 4 p.m. Wednesday when he passed away.
Medical experts said Keontrez’s injuries were consistent with abuse and Shaken Baby Syndrome, according to Peebles. Thomas reportedly told deputies the boy had run in to a wall several days before.
http://chronicle.augusta.com/news/aiken/2010-08-26/stepfather-now-faces-murder-charge?v=1282918249
Darian Xavier Thomas, 20, of the 3500 block of Shadybrook Drive, has been held on charges of cruelty of children in the first degree since Aug. 19.
Keontrez Demitrius Sherman was admitted to Medical College of Georgia Hospital on Aug. 18 after Thomas called 911 reporting the boy was unresponsive.
The child was on life support until 4 p.m. Wednesday when he passed away.
Medical experts said Keontrez’s injuries were consistent with abuse and Shaken Baby Syndrome, according to Peebles. Thomas reportedly told deputies the boy had run in to a wall several days before.
http://chronicle.augusta.com/news/aiken/2010-08-26/stepfather-now-faces-murder-charge?v=1282918249
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