ROME, N.Y. – A judge denied the defense’s motion to dismiss the case of Brooke Renzi, the Rome mother charged with criminally negligent homicide in her baby’s death.
“What we are running the risk of is putting a highly emotional case in front of the jury that might make a decision on that emotion and not on the law,” said attorney for the defense, Matthew Fanelli.
The prosecution says the motion doesn’t bring any new evidence that would warrant a dismissal.
"Nothing that Mr. Fanelli has said today in court, or raised in his motions, is any different than what the court has already looked at and issued a decision on," said prosecutor Dawn Cater Lupi.
Renzi’s trial is set to begin Oct. 28 in Oneida County Court.