He’s suffered enough

It was the stuff of nightmares — nightmares that, barring an unforeseen revelation, need not now be compounded by our justice system’s natural interest in exacting punishment for the death of two innocents. We all know the stomach-turning, heartpalpitating story: Juan Rodriguez left his 1-year-old twin babies Phoenix and Luna in their car seats while he worked an eighthour shift at the Bronx V.A. Hospital. The infants baked to death in the hot sun.

All evidence so far says it was a pure accident, an inexplicable memory lapse. The 39-year-old father has been charged with manslaughter and criminally negligent homicide, charges that carry up to 19 years in prison.

By all accounts, Rodriguez is ruined. By all accounts, he and his wife were and are good, loving parents who need each other, and who are needed by the other young child they have at home. His wife calls Rodriguez

a “great father.”

Since 1990, nine children have died similar deaths in New York. Only four cases resulted in criminal charges, typically when there were extenuating circumstances, like the parents possessing drugs or exhibiting other negligence. That rule holds nationally: Roughly half such deaths result in criminal charges.

Police and Bronx DA Darcel Clark’s office are still investigating, and they must finish the job; a hearing is set for Thursday.

But if the fact pattern holds, and Rodriguez did nothing but make one unthinkable mistake, it gives the city no cause to push for a prison term for a man life has already cruelly and unusually punished. As for deterrence, any parent who might ever let something similar happen has already absorbed the wakeup call.

For the rest of his life, Rodriguez’s memory will give him no mercy. The criminal justice system can afford him some.