No bail change for dad charged in infant death

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July 15, 2010

Staff Reports Niagara Gazette The Niagara Gazette Thu Jul 15, 2010, 07:29 PM EDT

NIAGARA FALLS — A Niagara County Court judge has rejected a request for release from jail by an a man accused in his infant daughter's death.

Judge Sara Sheldon Sperrazza said she had “serious doubts” about releasing Randy Colucci Sr. from custody no matter what restrictions on his activities his lawyer suggested.

Defense attorney Joseph Terranova asked Sperrazza to consider releasing Colucci on his own recognizance, with an ankle monitor so probation officers could track his activity. Colucci, 25, and his wife Nicole, 24, 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.

Terranova argued that Colucci has no prior criminal history and does not represent a threat to the public.

Assistant District Attorney Holly Sloma told Sperrazza “nothing has changed” since she first set bail in the case and that Colucci should remain behind bars. Sloma also told Sperrazza that since he was jailed in June, Colucci has been involved in two incidents that should raise concerns about his release.

According to Sloma, Colucci tried to hang himself at the Niagara County jail. Colucci also reportedly was overheard by a state court officer, during a hearing in Niagara County Family Court on Wednesday, threatening to “hit a police officer” if he was released on bail and his wife was not, so that he could be returned to jail with her.

Colucci claims he was not trying to commit suicide by hanging himself and was only trying to draw attention to his plight.

Sperrazza called the incidents, “disturbing,” and said she would not change Colucci’s bail conditions.

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,” Falls Police Detective Captain 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 under unusual circumstances.

In 2007, 3-month-old Sebastain was found dead at home. The cause of death in that case was listed as Sudden Infant Death Syndrome (SIDS).

Though an autopsy report from a controversial Erie County medical examiner list Carmen’s death as ‘accidental,” prosecutors said the Colucci’s were charged with murder because they acted with “depraved indifference.”

In addition to their now 15-month-old son, the Colucci’s have three other children ages, 4, 6 and 9. Nicole Colucci is also pregnant and is reportedly due at the end of July.

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

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