Niagara Gazette

Courts

August 15, 2010

Pregnancy won’t get mom out

Mother held in death of 22-month-old won’t be released to give birth

LOCKPORT — A mother, charged in the death of one of her children, will not be released from jail to give birth.

Niagara County Court Judge Sara Sheldon Sperrazza denied a request for release or a decrease in bail for Nicole Colucci.

Colucci’s defense attorney Christopher Privateer said his client should be released because she is pregnant and needs to get treatment outside of jail.

However, Sperrazza said records submitted by the Niagara County Sheriff’s Office show Colucci is receiving proper medical attention at the county jail.

“She couldn'’t be in better hands,” Sperrazza said. “She is in a medical unit in the jail. I don’t know how much more safe she can get.”

Prosecutors said Colucci was not receiving any prenatal care prior to her arrest. Since being taken into custody, Sheriff Jim Voutour said Colucci, 24, refused to take medication and prenatal vitamins even though they were provided to her every day.

“The jail has gone above and beyond to care for her. She has refused to care for herself,” Assistant District Attorney Holly Sloma said. It appears Colucci is in her third trimester.

It’s the second time Sperrazza has denied bail in the case. In July, the judge refused to release Nicole’s husband, Randy Colucci Sr., saying she had “serious doubts” about releasing him no matter what restrictions on his activities his lawyer suggested.

Defense attorney Joseph Terranova asked Sperrazza to consider releasing Colucci Sr., 25, on his own recognizance with an ankle monitor so probation officers could track his activity. Colucci and his wife, both of 1106 22nd St., have been jailed in lieu of bail of $75,000 cash or $150,000 property while they face charges of second-degree murder, second-degree manslaughter and two counts of endangering the welfare of a child in the death of their 22-month-old daughter.

Carmen Colucci died on April 8 at Womens and Childrens Hospital in Buffalo. She had been taken there after Falls Police detectives said officers responded to the Colucci’s home on March 31 after receiving a call of “a 2-year-old not breathing.”

When officers arrived, they found the little girl unresponsive and with her grandmother performing CPR.

“Through our investigation, we were able to determine that Carmen was put in a (portable playpen) with her 12-month-old brother, with a twin mattress on top of the playpen and a TV on top of the mattress to keep the children from getting out,” Detective Capt. William Thomson said. “They weren’t checked on for 17 hours and Carmen got her head stuck between the (playpen) and the mattress.”

Investigators said it was the second time one of the Colucci’s children died.

In 2007, three-month-old Sebastain was found dead at home. The cause of death in that case was listed as Sudden Infant Death Syndrome (SIDS).

In addition to their now 15-month-old son, the Colucci’s have three other children ages, 4, 6 and 9.

All the surviving children are now being cared for Niagara County Child Protective Services.

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