Judge vacates guilty plea
Cohoes man says his husband admitted to poisoning infant
A Cohoes man claimed he was innocent and that his husband was the one who caused the death of a 6-week-old baby boy by giving him methamphetamine in their home, leading a judge to vacate his guilty plea to manslaughter Monday, according to court documents.
Anthony Ojeda, 39, said through his attorney that his husband admitted to him to intentionally poisoning Eli Harmon-ojeda in his apartment at 11 Van Vechten St. in Cohoes on Dec. 3, 2019. Ojeda also told authorities that he was not with the infant but that his husband was, according to the hearing transcript.
Ojeda was the infant’s legal guardian and believed by authorities to be his father. The infant died shortly after arriving at Albany Medical Center Hospital. He had injuries to his ribs and head and appeared to have overdosed from ingesting methamphetamine.
On Dec. 4, 2020, Ojeda pleaded guilty to second-degree manslaughter in a deal in which he would have received a prison sentence of three to nine years. Sentencing was postponed twice previously before Monday when Ojeda was given an opportunity to file an oral motion to withdraw his guilty plea. Ojeda, a native of Mexico who speaks little English, relies on a Spanish-speaking court interpreter during court proceedings.
State Supreme Court Justice Peter Lynch heard arguments from the defense and prosecution before referencing the pre
sentencing report compiled by the Albany County Probation Department.
“The basis for that motion is that he is asserting his actual innocence based on his husband’s admissions that he intentionally poisoned the child with methamphetamine,” Assistant Public Defender Angela Kelley, who represents Ojeda, said based on the transcript.
The Times Union is withholding the husband’s name as he has not been charged previously and could not be reached for comment. Ojeda’s claim in court Monday is the first time he has been mentioned.
Assistant District Attorney Caroline Murray asserted that Ojeda had entered the guilty plea and should be held to it.
“I would add that Mr. Ojeda pleaded guilty to manslaughter under the theory of recklessly causing the death of another, and the basis for that being he did not get his infant son appropriate medical care in an appropriate time, which led to the death of his son,” stated Murray, according to the transcript.
Lynch read from the presentencing report which described how the person writing it said that Ojeda “suggested that maybe his husband hurt the baby.” When Ojeda was questioned by the writer of the report if he blamed his husband for the baby’s death, Ojeda responded, “I can’t blame him because I have no proof, but he was with the baby. He was with him.”
“That statement, coupled with a claim of admission, undermines the integrity of
the voluntariness of the guilty plea,” Lynch said.
That led Lynch to exercise his judicial discretion and vacate Ojeda’s guilty plea to second-degree manslaughter.
The district attorney’s office can present the case to a grand jury to consider filing charges against Ojeda. If indicted for second-degree manslaughter, Ojeda would face a maximum sentence of five to 15 years in prison if convicted.
It’s not known when the case would go before a grand jury as a result of the pandemic affecting scheduling.
The infant was born in Troy, where his mother, Daisy Harmon, lived. The Times Union has reported that the mother and child were taken to a hospital and, because the mother had a drug addiction problem, Rensselaer County Child Protective Services became involved. Ojeda had temporary sole custody of the baby in Cohoes at the time of his death.
The Times Union has reported that after the infant’s death, questions arose about whether social services workers in Rensselaer County had done enough to protect the boy. The state Office of Children and Family Services was required to issue a report within six months of the child’s death to examine whether social services workers in Rensselaer County followed regulations while investigating possible neglect or abuse.
The agency has kept its report secret, saying in its response to a Freedom of Information Law request filed by the Times Union that releasing it would be “contrary to the best interests” of the infant’s “siblings, or other children in the household.”