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No information forthcoming on why arrest made on murder charge before ME's report

By Howard B. Owens

Officials continue to refuse media requests for an explanation of why Christina M. Colantonio was charged with murder before all of the evidence was available to law enforcement.

District Attorney Lawrence Friedman has not acknowledged a request for an interview e-mailed to him last night and Colantonio's attorney, Public Defender Jerry Ader, refused to accept a phone call from a reporter this morning. Calls to Batavia PD are being referred to the District Attorney's Office.

Meanwhile, Colantonio has been scheduled to appear in court at 10:30 a.m., Sept. 23, for what's known as a "call" appearance. A call appearance is a chance for the judge to be updated on the status of the case.

The 28-year-old Liberty Street resident was charged with murder in the second degree Saturday following the grisly discovery of an infant's body in an ice cooler in her home.  

She was released from custody yesterday after the DA's office admitted there wasn't sufficient evidence to hold her.

Friedman stated in a press conference Saturday, and reiterated in a press release yesterday, that Colantonio was arrested and charged based on evidence he wouldn't discuss and witness interviews. The charging document filed with City Court indicated Colantonio made statements that were used as evidence for the arrest.

It was only after Colantonio's arrest that the infant's body was sent to the Monroe County Medical Examiner's Office for an autopsy. The autopsy revealed that it was impossible to determine if Colantonio, who apparently gave birth at home, delivered a live baby or if the baby was stillborn.

Without that critical piece of evidence, Friedman said, his office was unable to proceed with a grand jury presentation within the constitutionally mandated timeframe, so Colantonio was released from custody. The murder charge is still pending, however.  

In yesterday's statement, the DA's office said, "Due to the fact that this case is still being investigated, the legal principle that the Defendant is presumed innocent until proven guilty and the necessity to preserve the integrity of this matter, we will not be granting interviews or responding to questions regarding this matter. Once the next step is taken regarding this case, more information will be provided."

Friedman is an elected official and Ader is appointed to his position by the County Legislature.

Should the District Attorney fully explain why Colantonio was charged with murder before key evidence was in?
david spaulding

In yesterday's statement, the DA's office said, "Due to the fact that this case is still being investigated, the legal principle that the Defendant is presumed innocent until proven guilty and the necessity to preserve the integrity of this matter, we will not be granting interviews or responding to questions regarding this matter. Once the next step is taken regarding this case, more information will be provided." ........
Are these not the same people who called a news conference just a few days ago? all of a sudden they are tight lipped and have respect for our rights. .....damn it, some of us had already convicted her. .. the plot thickens ......

Sep 2, 2015, 5:55pm Permalink
alvin tufts

What about arresting her for desecration of a corpse for letting it rot in a cooler. What about failure to report a dead body. How about endangering the welfare of a minor for not calling an ambulance to try and revive the baby. Operating an unlicensed morgue. Hiding a body to conceal the cause of death.

Sep 2, 2015, 7:12pm Permalink
Raymond Richardson

" How about endangering the welfare of a minor for not calling an ambulance to try and revive the baby."

You should really educate yourself before spouting off and looking as foolish as you do.

If the baby was stillborn, and we don't know if that's the case as the M.E. was unable to determine if the baby was born alive or not, it means the baby died within the womb.

FYI, there is no reviving a stillborn child.

Sep 3, 2015, 3:32pm Permalink
Raymond Richardson

"Stillborn is not the only reason a newborn would appear dead."

In addition to educating yourself about stillborn babies, I would also suggest a reading comprehension class as no where in my response to your previous comment did I state that, nor did I infer that.

Sep 4, 2015, 10:35am Permalink

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