The Rome man charged in the negligent death of his infant daughter is arguing in County Court that he was not involved in the girl’s sleeping arrangements and therefore should not be charged.
Derek S. Dyer, 26, appeared this morning before Judge Robert L. Bauer for motion argument, alongside his defense attorney, First Assistant Public Defender Cory A. Zennamo. The attorney asked Judge Bauer to review the evidence presented to the grand jury against Dyer.
“My client did not put the child to bed” or have any say in the sleeping arrangements, Zennamo argued this morning.
“My client had no awareness of the conditions that caused the incident here.”
Police said Dyer and Brooke E. Renzi put their 6-month-old daughter, Elaina, to bed on the night of Aug. 27 and then did not check on her for more than 12 hours. Police said Dyer woke up in the morning and went to work without checking on the child, and Renzi did not check on the child until after 11 a.m.
Police said Renzi found the infant not breathing. Judge Bauer said he would review the grand jury session. Bauer also scheduled a suppression hearing for July 16 to examine the statement that Dyer gave to law enforcement.
Dyer and Renzi are both charged with one count of criminally negligent homicide, a class E felony. The charge carries a maximum of four years in state prison if convicted. Both have turned down plea offers of roughly one to three years in prison. Renzi is scheduled to reappear in court later this month.