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

[beatrixpotter]

Well, does that mean he never raped her and those accusations were just made up? I'm pretty sure that's easy to rule out in an 8 mo child. :/

 

[PayrollNerd]

They had to have done an autopsy, right? A forensic exam would verify what was done to her. How can they just drop those type charges? This does not deserve a plea deal. He deserves a needle in his arm - a "little juice with his breakfast" so to speak.

 

[borndem]

How does a father even think about doing such thing to his own child? A baby!

He's not a father, he was merely the sperm donor.

 

[BlackCloud]

Every once in while I wonder if the Death Penalty is really warranted. Then vile monsters like this remind me why we have it as a punishment. I wish he was in a DP state.

NY has no death penalty.
We can say "thank you" to the New York Court of Appeals that ruled unconstitutional the death penalty statute in 2004...

 

[Lmustang89]

He knows he is going to prison regardless. Better for him not to have to tell his cellies about the rape. He saves the state money by not testifying and admits guilt to murder.

 

[BlackCloud]

Hopefully he's gonna get some good "treat" from his cellmates....
Child killers are not loved by other inmates...

 

[rosesfromangels]

Rant alert....

When such a depraved act is perpetrated upon a helpless infant, our minds struggle for explanation, our outrage extends to anyone who failed this child.

In these type of cases, to me, the explanation is pure evil. Fortunately, from a populace perspective, we believe (hope) that the % of truly evil people is relatively small. These people must be removed from society, in whatever form the law commands.

But what of the mother, and others around who witnessed concerning behavior leading up to this tragedy? What abuse did the other children suffer? I do *not* believe it is the fault of CPS; that organization is so understaffed compared to the demand it a calamity. We can only hope that some of today's technologies can help scale case management in a way that helps.

But what of the mother, her relatives? His relatives? I do not believe for a second no one knew this family was in trouble. Why did no one intervene - or did they? As a woman, I want to know what the mother did to protect her daughter from a man she must have known was unbalanced!

I like whoever upthread said their mother's native american heritage called for the women of the tribe to meter out the punishment to rapists and molesters. Sounds like the right approach to me.

Finally, as far as the baby being "safe now" and in the arms of the angels, etc. I am a religious woman, but I do not for one second want anyone, especially a jury, to forget the torture this child must have endured before passing over. There is no justice on this earth that can make up for what that baby endured.

And finally, finally. Just so people are clear on the "punishment" these prisoners get. They have TV's in their cells, books, exercise outdoors, free medical, and plenty to eat. Not the Ritz, but this is punishment? Bring back the chain gangs Texas style! Minimum nourishment to sustain life - nothing more.

National prison's menu from Federal Bureau of Prisons:
(Note that there are vegetarian and heart healthy choices!)
https://www.bop.gov/foia/national_menu_lun_en.pdf

It's time for change folks. This ain't workin'.

Amateur *opinion and speculation only*

Rant over....

 

[borndem]

Tell it, @rosesfromangels. Yes.

 

[rosesfromangels]

Tell it, @rosesfromangels. Yes.

OMG. I think we are all traumatized by this. It's beyond understanding.

 

[borndem]

OMG. I think we are all traumatized by this. It's beyond understanding.

bbm
Let us all be grateful that we cannot understand it. We have seen so many things that are absolutely outside of humanness, but nevertheless they are done -- and done to the ones that have never done or thought about an unkind thing. And the victim list is too damn long.
We can only hope that there will be a reckoning.

 

[Owutatangledweb]

O. M. G. How quickly I could flip the switch to fry this sick prick but NY has no death penalty.

WENY TV News
WENY TV News

Time to get one

 

[PommyMommy]

NOV 3, 2019
http://www.owegopennysaver.com/PS/2019/11/03/cody-franciscovich-returns-to-court/

On Friday, Oct. 26, Cody Franciscovich, the man accused of murdering his daughter back in June, appeared in Tioga County Court. (Photo by Wendy Post)

Public defenders for Cody Franciscovich, the man charged with murdering his daughter back in June, appeared in Tioga County Court on Friday, Oct. 25 to ask the judge to dismiss his murder indictment due to evidentiary concerns. Specifically, public defender George Awad brought up concerns about the seizure of Franciscovich’s cell phone and whether police had a search warrant for it.

Assistant District Attorney Cheryl Mancini said she would check on this, and a Huntley hearing was scheduled for January to address the issue.

[…]

Despite initially being accused of first degree murder, which according to previous reports included allegations of sexual abuse of the victim, Franciscovich’s 8-month old daughter Ruby, Awad said that currently Franciscovich is facing two separate indictments of second-degree murder.

“They are operating under two separate theories,” Awad said of the prosecution.

[…]

“We have no comment on when this will go to trial,” Awad said, “We just don’t know at this point.”

 

[beatrixpotter]

Wait. So they are no longer accusing him of raping her? I'd really like to know if that's the case. I mean why the hell accuse him of that when the baby is found and then surreptitiously drop that part? That's a horrific accusation.

 

[PommyMommy]

Wait. So they are no longer accusing him of raping her? I'd really like to know if that's the case. I mean why the hell accuse him of that when the baby is found and then surreptitiously drop that part? That's a horrific accusation.

I'm not sure who you mean by "they," but the prosecution didn't just accuse CF of sex crimes and then change their mind - the case went to a grand jury which is a separate body made up of citizens.

The Felony Complaint (see link below) accused CF of "Murder in the First Degree when in the immediate flight thereafter of committing the crimes of rape in the first degree and criminal sex act in the first degree..." however, the grand jury indicted him on two counts of second degree murder, instead.

Murder Complaint: Cody Franciscovich Murder Complaint

MOO

 

[mickey2942]

OMG. I think we are all traumatized by this. It's beyond understanding.

It is really difficult to even conceive of this type of violence against a baby. Is this guy crazy? Mental illness can't even explain this away. Impulsive behavior? Pure evil? What precipitates this? Looking at ?

 

[Reasonable & Just]

Wait. So they are no longer accusing him of raping her? I'd really like to know if that's the case. I mean why the hell accuse him of that when the baby is found and then surreptitiously drop that part? That's a horrific accusation.

I agree. Maybe it was initially on the basis of him being found naked in the road? Maybe no forensic evidence to back it up? I guess it's better if his nakedness is explained by a psychotic episode or drugs than sexual assault on this poor child.

 

[lonetraveler]

So, his charges were lowered? MOO

ETA: Found this...

SEP 13, 2019
Tioga County Man Indicted For June Murder Of Infant Daughter | X101 Always Classic
A Tioga County man was yesterday (September 12) indicted by a grand jury on multiple counts of second-degree murder, related to the death of his infant daughter back on June 9.

[...]

Yesterday’s indictment downgraded his original first-degree murder charge, which previously accused him of sexually assaulting Ruby before killing her.

That could have meant life in prison sentence if convicted, but his sex crime charges have now been dropped.

WTF

 

[lonetraveler]

To be sure the Medical Examiner could see evidence of sexual assault during the autopsy. What the heck is going on here?

 

[iulia]

After declining to throw out the second-degree murder indictment against a Tioga County man accused of killing his 8-month-old daughter, a judge will hear testimony in January to decide whether anything he told police can be used against him if the case goes to trial.

Public defenders for Cody Franciscovich, 25, have raised questions about whether New York State Police properly obtained some of the evidence before charging him in the death of Ruby Franciscovich. Her body was found June 9 by New York State Police in a pond behind St. Patrick's Cemetery on Route 17C in the Town of Tioga.
[...]
The defense's arguments are expected to be detailed further during a pretrial hearing Jan. 10, 2020 in Tioga County Court.

Get Access

 

[PommyMommy]

After declining to throw out the second-degree murder indictment against a Tioga County man accused of killing his 8-month-old daughter, a judge will hear testimony in January to decide whether anything he told police can be used against him if the case goes to trial.

Public defenders for Cody Franciscovich, 25, have raised questions about whether New York State Police properly obtained some of the evidence before charging him in the death of Ruby Franciscovich. Her body was found June 9 by New York State Police in a pond behind St. Patrick's Cemetery on Route 17C in the Town of Tioga.
[...]
The defense's arguments are expected to be detailed further during a pretrial hearing Jan. 10, 2020 in Tioga County Court.

Get Access

Oh geeeeeeeeeeeez. I can't get past the paywall to read the full article but I see the preview below on Google. Are there other issues in addition to the phone? MOO

Jan 6, 2020 - Cody Franciscovich's lawyers say police may have obtained information from his cell phone without a warrant. The defense will detail their argument in a pretrial ...