Defendant, with his live-in partner, resided with a six year old ‘adopted’ daughter and his other ‘adopted’ 16-month old boy. Neither child has been legally adopted. On November 1, 1987, defendant scolded the six year old daughter for not drinking enough water and expressed annoyance with her. At approximately 6:00 p.m. of the same day, the girl went to into the bedroom to ask defendant if he would take her with him to a dinner engagement. Moments later, defendant carried the unconscious body of the daughter out of the bedroom. When the wife asked him what happened, defendant replied, “What’s the difference what happened. This is your child. Hasn’t this gone far enough?” The wife had no idea what defendant meant by this remark. Defendant handed the girl to defendant, who placed her on the bathroom floor. The child’s eyes were closed, she was unresponsive and she was not moving at all. Her breathing was raspy.
Defendant from The Bronx dressed for the dinner and went back home. Upon his return, the girl hasn’t regain her consciousness at all. The wife, believing that defendant has healing powers, urged him to heal the child. Instead, defendant and the wife took cocaine where defendant admitted he knocked the girl down because she stared defendant a lot. The next day, the child was still unconscious. Defendant tried to revive the girl and the wife called 911. The paramedics decided to bring the girl to a hospital where a tube was placed into her trachea to insure that air would go directly into her lungs.
The medical personnel observed that the girl’s body was covered with multiple bruises in various parts of her body, legs, knees and thighs. A neurological resident concluded that the child sustained brain injury due to pressing down of the brain stem causing subdural hematoma near her forehead. Over the course of the next few days, the girl’s condition did not improve and she was not responding to medical treatment. On November 4, she was declared brain dead. On November 5, the hospital removed the girl’s life support system and was pronounced dead.