GUILTY NY - Ruby Franciscovich, 8 months, raped & murdered by father, left in cemetery, Tioga, 9 June 2019

[PommyMommy]

JAN 7, 2020
Public defenders for man charged in murder of 8-month-old question evidence gathering
If it turns out that any evidence was obtained without a warrant, the defense will likely seek to have that suppressed.

JAN 8, 2020
Defense challenging evidence in murder trial against Cody Franciscovich - 870 AM 97.7FM News Talk WHCU870 AM 97.7FM News Talk WHCU

• Public defenders for CF have raised questions about the methods used by State Police to obtain some evidence before charging him in Ruby’s death.
• The defense will detail their concerns at a pretrial hearing Fri, Jan 10 so the judge can decide whether what CF said to police can be used as evidence.

 

[PommyMommy]

JAN 10, 2020
Arguments continue in Franciscovich case

On Friday, Cody Franciscovich, the father of “Baby Ruby” and charged in relation to her death last June, had his trial date, which was scheduled for February, indefinitely postponed following a pre-trial hearing to give his lawyers time to submit a written argument as to why some of the evidence collected by police against him should be suppressed. ...

[...]

During the hearing it was established that Franciscovich had stated he was high on acid at the time of his arrest, and made multiple unprompted self-incriminating statements.

Steven Ayers, trooper for the New York State Police, testified that he heard Franciscovich say, “I deserve death, this is worse than death,” and “I wasn’t even trying to be a bad person.”

It was also established during the hearing that Franciscovich was not immediately mirandized at the time of his arrest.

[...]

 

[PommyMommy]

JAN 11, 2020
Trial delayed for accused child murderer

1. The trial was removed from the February court docket Friday to give the defense time to submit a written argument as to why certain evidence and statements collected by police should be suppressed.
2. Keene ordered the delay following a pre-trial hearing that saw several witnesses from law-enforcement detail the evidence against CF.
3. Police arrested CF after Tioga County Emergency Services officials were alerted by Ruby’s mother to check on the welfare of him and their child.
4. Following that report, police took a separate report of a naked man near the Owego Nazarene Church where responding police found CF naked.
   
5. Following the hearing, Keene reserved judgment on the evidence and gave the defense two weeks to submit a written argument and prosecutors two weeks afterward to respond.
6. The hearing established several facts that had not previously been released to the public, including the testimony of several New York state troopers stating that they overheard CF say, “I should have never (expletive-deleted) done it,” following his arrest.
7. It was also revealed that CF told officers that he was high on acid at the time of his arrest, a fact the defense in did not contest.
8. Trooper Steven Ayers testified that he also heard CF say, unprompted after his arrest, “I should have never done acid,” “I wasn’t even trying to be a bad person,” “I’m never coming back to reality,” “Chelsea, (his girlfriend at the time and mother of Ruby) didn’t deserve this,” “I ruined my life over a small piece of paper (acid)” and “I deserve death. This is worse than death.”
9. Troopers also testified that they heard CF say “I don’t ever expect to be free again,” and “I’m a horrible person.”
10. CF’s public defenders George Awad and Thomas Cline stated that they expected the case to not be settled and instead proceed to a jury trial.
11. State trooper Tim Kressly, one of two troopers that were first on the scene and discovered Ruby’s body, testified that he found CF naked but coherent.
12. Kresslystated CF told him that after leaving the motel with his daughter, he eventually took off both their clothes, proceeded to the cemetery where he threw his daughter to the ground, and then threw her down an embankment towards a pond where he left her “swimming underwater.”
13. Kressly said that he handcuffed CF, detained him, and using the information given to him by CF, located Ruby’s body while Bambino remained with the still naked CF.
14. Despite being placed under arrest, CF wasn’t mirandized until being interviewed hours later by investigator Randy Smith of the NYSP.
15. Despite stating that he was high on acid and having difficulty coming down, a fact which multiple troopers corroborated, all troopers who interacted with CF the day of his arrest testified Friday that they smelled no alcohol on him, saw no signs of intoxication, and found CF to be coherent and able to understand and answer questions clearly.
16. The start date of CF’s trial is now undetermined.

 

[Tripod]

JAN 11, 2020
Trial delayed for accused child murderer

1. The trial was removed from the February court docket Friday to give the defense time to submit a written argument as to why certain evidence and statements collected by police should be suppressed.
2. Keene ordered the delay following a pre-trial hearing that saw several witnesses from law-enforcement detail the evidence against CF.
3. Police arrested CF after Tioga County Emergency Services officials were alerted by Ruby’s mother to check on the welfare of him and their child.
4. Following that report, police took a separate report of a naked man near the Owego Nazarene Church where responding police found CF naked.
   
5. Following the hearing, Keene reserved judgment on the evidence and gave the defense two weeks to submit a written argument and prosecutors two weeks afterward to respond.
6. The hearing established several facts that had not previously been released to the public, including the testimony of several New York state troopers stating that they overheard CF say, “I should have never (expletive-deleted) done it,” following his arrest.
7. It was also revealed that CF told officers that he was high on acid at the time of his arrest, a fact the defense in did not contest.
8. Trooper Steven Ayers testified that he also heard CF say, unprompted after his arrest, “I should have never done acid,” “I wasn’t even trying to be a bad person,” “I’m never coming back to reality,” “Chelsea, (his girlfriend at the time and mother of Ruby) didn’t deserve this,” “I ruined my life over a small piece of paper (acid)” and “I deserve death. This is worse than death.”
9. Troopers also testified that they heard CF say “I don’t ever expect to be free again,” and “I’m a horrible person.”
10. CF’s public defenders George Awad and Thomas Cline stated that they expected the case to not be settled and instead proceed to a jury trial.
11. State trooper Tim Kressly, one of two troopers that were first on the scene and discovered Ruby’s body, testified that he found CF naked but coherent.
12. Kresslystated CF told him that after leaving the motel with his daughter, he eventually took off both their clothes, proceeded to the cemetery where he threw his daughter to the ground, and then threw her down an embankment towards a pond where he left her “swimming underwater.”
13. Kressly said that he handcuffed CF, detained him, and using the information given to him by CF, located Ruby’s body while Bambino remained with the still naked CF.
14. Despite being placed under arrest, CF wasn’t mirandized until being interviewed hours later by investigator Randy Smith of the NYSP.
15. Despite stating that he was high on acid and having difficulty coming down, a fact which multiple troopers corroborated, all troopers who interacted with CF the day of his arrest testified Friday that they smelled no alcohol on him, saw no signs of intoxication, and found CF to be coherent and able to understand and answer questions clearly.
16. The start date of CF’s trial is now undetermined.

[/QUOT

Thanks for the updates, Pommy. It all makes me sick to my stomach, and now with these additional problems ..

 

[PommyMommy]

Thanks for the updates, Pommy. It all makes me sick to my stomach, and now with these additional problems ..

I hear you. I take deep breaths before I click on this thread. So awful. MOO

 

[Tripod]

I hear you. I take deep breaths before I click on this thread. So awful. MOO

TBH, I've kind of avoided this thread, which I don't normally do. I really appreciate your work here.

 

[PommyMommy]

AUG 18, 2020
Owego man who killed infant daughter pleads guilty to Manslaughter
The Tioga County District Attorney's Office says 26-year-old Cody Franciscovich pleaded guilty to Manslaughter in the First Degree on Aug. 14.

[...]

The district attorney's office says Franciscovish was originally charged with murder; however, he admitted to taking LSD the night before. He said he suffered from delusions and a mental disease or defect at the time he killed his daughter.

According to the district attorney's office, if this defense had been successful, Franciscovich would have limited his criminal exposure under state law.

However, because he pleaded guilty, Franciscovitch agreed to withdraw his defenses and waived his right to appeal by admitting he had intentionally tried to hurt his daughter.

[...]

Franciscovich Pleads Guilty to Manslaughter in Death of Daughter Baby Ruby - MyHometownToday.com

... Franciscovich, 26, faces 29 years in prison when he is sentenced at a later date.

... The guilty plea takes any appeals off the table in the future.

Ruby Franciscovich

 

[Reasonable & Just]

AUG 18, 2020
Owego man who killed infant daughter pleads guilty to Manslaughter
The Tioga County District Attorney's Office says 26-year-old Cody Franciscovich pleaded guilty to Manslaughter in the First Degree on Aug. 14.

[...]

The district attorney's office says Franciscovish was originally charged with murder; however, he admitted to taking LSD the night before. He said he suffered from delusions and a mental disease or defect at the time he killed his daughter.

According to the district attorney's office, if this defense had been successful, Franciscovich would have limited his criminal exposure under state law.

However, because he pleaded guilty, Franciscovitch agreed to withdraw his defenses and waived his right to appeal by admitting he had intentionally tried to hurt his daughter.

[...]

Franciscovich Pleads Guilty to Manslaughter in Death of Daughter Baby Ruby - MyHometownToday.com

... Franciscovich, 26, faces 29 years in prison when he is sentenced at a later date.

... The guilty plea takes any appeals off the table in the future.

Ruby Franciscovich

Oh, those eyes. Sweet little angel girl.

 

[JerseyGirl]

He’ll be sentenced to 25 years in state prison.

Owego man pleads guilty in killing of his infant daughter

 

[PayrollNerd]

Glad to hear he's going straight to the big house for a long, long time.

RIP Ruby

 

[PommyMommy]

NOT long enough!

He pled guilty to manslaughter. He MURDERED an innocent baby! MOO

 

[PayrollNerd]

NOT long enough!

He pled guilty to manslaughter. He MURDERED an innocent baby! MOO

Totally agree. It should be life without parole. Or better yet, just bury him under the prison.

 

[Gibbo214]

NOT long enough!

He pled guilty to manslaughter. He MURDERED an innocent baby! MOO

And he murdered her by the now hidden rape. How disgraceful that that was allowed to be dropped. He did not rape her and them murder her, he murdered her by rape. An 8th month old baby would have a vaginal canal less than an half an inch long.

 

[mickey2942]

I always find it interesting when people who do terrible things, inevitably blame drug use, alcohol use...yet, many people do acid, and do not rape, and kill infants. Noted.

 

[PommyMommy]

Article updated Jan 21, 2021
Tioga County dad sentenced for manslaughter of 8-month-old daughter (the-leader.com)

• He took Ruby from the Motel
• He walked her over to the nearby cemetery
• He threw her down a steep embankment
• Then he put her in the swamp and left her
• LE found him wandering on the roadway naked
• He recalled Ruby swimming around in the water but little else
• The autopsy revealed she died before entering the water
• He told investigators, "I threw my whole life away."
• The judge asked him if he had anything to say. His response was, "No, sir."
• He will be eligible for parole when he is 46.

The transcript of his sentencing is in the article.

 

[Gibbo214]

Article updated Jan 21, 2021
Tioga County dad sentenced for manslaughter of 8-month-old daughter (the-leader.com)

• He took Ruby from the Motel
• He walked her over to the nearby cemetery
• He threw her down a steep embankment
• Then he put her in the swamp and left her
• LE found him wandering on the roadway naked
• He recalled Ruby swimming around in the water but little else
• The autopsy revealed she died before entering the water
• He told investigators, "I threw my whole life away."
• The judge asked him if he had anything to say. His response was, "No, sir."
• He will be eligible for parole when he is 46.

The transcript of his sentencing is in the article.

And the rape and horrific death of this baby girl will be lost to history because this creep was all about Me, Me, Me.

 

[PommyMommy]

And the rape and horrific death of this baby girl will be lost to history because this creep was all about Me, Me, Me.

I have had my cry but I'll never be able to wrap my head around this.

Children are blessings! She was only 8.months.old.

He has nothing to say? NOTHING?!

I wanna smack him. HARD. MOO