Anger Follows No Contest Plea In Baby’s Death

FILEThe Ansonia mother of a baby found dead in September had to be restrained Wednesday after her ex-boyfriend entered a no contest plea in connection to the baby’s death.

He killed my (expletive deleted) baby,” Kristi FitzGerald yelled in the vestibule outside the Derby courtroom where Rodney Lee Brown entered the plea.

FitzGerald directed her comments toward one of Brown’s relatives as everyone left court.

He killed my baby and they let him out of jail,” FitzGerald said.

FitzGerald was restrained by a friend. A female court marshal stepped between FitzGerald and Brown’s relative.

This is not the time nor the place,” the marshal said.

Brown entered a plea of nolo contendere to risk of injury to a child, a felony.

The plea means Brown does not want to contest the claims being made by prosecutors — and puts himself at the mercy of the court.

Brown was charged with risk of injury on Sept. 11, 2009 after his daughter, 3‑month-old Alayziah Brown, was found dead while in his care on Sept 10.

FitzGerald told police she returned home from work and found Brown asleep in bed, with the baby lying dead next to him.

A search and seizure warrant shows police recovered 10 bottles of beer and an empty brandy bottle from the scene.

Brown’s breath smelled of alcohol at the time of his arrest, according to court documents — and he suffered a seizure shortly after police arrived on the scene.

Police and prosecutors have not said what role Brown played in the baby’s death, if any.

He was only charged with risk of injury in connection to Alayziah’s death.

A revised death certificate issued in November stated the baby’s cause of death as sudden unexplained infant death.” The manner of death was listed as undetermined.”

FitzGerald told the Valley Indy in January that she believed Brown was intoxicated and killed the baby by rolling over on her.

However, Paul Eschuk, Brown’s attorney, said an autopsy report indicates there was no trauma or asphyxiation to the baby.

FitzGerald had said she wanted to see prosecutors bring homicide charges against Brown.

During Wednesday’s court appearance, FitzGerald, weeping, her face buried in her hands, briefly left the courtroom while prosecutor Paul Gaetano read the details of the case into the record.

Brown also entered a no contest plea in regard to a reckless endangerment charge pending against him. That was a separate incident, where he allegedly threw an object at FitzGerald.

He did not speak during his appearance, other than to answer a few yes” or no” questions from Judge Burton Kaplan. His formal pleas were made in writing.

Brown is scheduled to be sentenced July 1.

Browns faces a maximum of 10 years in prison for the risk of injury charge and a maximum of six years for reckless endangerment, the judge said.

Messages seeking comment were left with Eschuk and Gaetano.

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