SEVERE WX : Flash Flood Watch View Alerts
STREAMING NOW: Watch Now

Rome mother's fate in jury's hands

Jurors went home around 4:40 Thursday afternoon, without reaching a verdict in the criminally negligent homicide trial of Brooke Renzi.

Posted: Oct 31, 2019 6:12 PM
Updated: Oct 31, 2019 6:14 PM


Jurors went home around 4:40 Thursday afternoon, without reaching a verdict in the criminally negligent homicide trial of Brooke Renzi. The Rome woman is charged in the death of her six-month-old daughter, Elaina Dyer. The baby was found dead, lodged between a mattress and toy box, in August of 2018. Renzi had put her to bed on the mattress around 9pm the night before, and didn't check on her until around 11:37 the next morning.

Attorneys made closing arguments on Thursday. Defense attorney, Matthew Fanelli, told jurors the baby's death was a tragic accident, and that her mother's actions didn't rise to the level of criminality.

"The risk has to be of such nature that it has a substantial and unjustifiable risk of death," said Fanelli.

Fanelli referred to medical examiner testimony, stating that it took baby Elaina about eight minutes to suffocate to death, saying that there was only a 10-minute window where, if someone had gone into the room where the child was sleeping during that time, the tragedy could have been prevented.

"The act of checking or not checking under these circunstances does not increase or decrease the risk that this will occur. Elaina could have just as easily rolled and falled off this mattress 10 minutes after she was laid there," said Fanelli.

Prosecutor, Dawn Lupi, argued that Brooke Renzi's conduct did rise to the level of criminality; criminal neglect.

"Elaina Dyer died because her mother, the defendant, put her in a perilous situation, walked away, closed the door and virtually forgot about her for 14 1/2 hours," said Dawn Lupi.

Lupi asked jurors to reflect on the day they put in, in court, on Wednesday, in order to illustrate how long the baby was left alone.

"Think about yesterday. You came in here about 10:00 yesterday morning to start hearing evidence and I think we let you go home around 4:00. Seems like a long day, right? It was six hours. Double it. Add a couple. That's how long that baby was alone in that room."

The jury will resume deliberations at 9:00 Friday morning.

New York Coronavirus Cases

County data is updated nightly.

Cases: 2537823

Reported Deaths: 56270
CountyCasesDeaths
Kings33533010862
Queens31620210308
Suffolk2406933616
Nassau2150853300
Bronx2081546756
New York1687034643
Westchester1439382344
Erie1073581959
Richmond893051939
Monroe851201189
Orange57824920
Rockland53317779
Onondaga52624765
Dutchess35811500
Albany31130390
Oneida28916592
Broome24801409
Niagara24280398
Saratoga20545205
Ulster17373280
Schenectady16970229
Rensselaer15006170
Chautauqua12556175
Putnam1255098
Oswego11868115
Chemung11069158
St. Lawrence10742128
Steuben10304174
Ontario9467111
Jefferson903578
Cayuga8745107
Sullivan854183
Wayne830685
Cattaraugus7863118
Genesee7120132
Herkimer6890129
Clinton683740
Tompkins658059
Fulton6465104
Madison6288102
Montgomery6063143
Livingston581171
Warren559484
Cortland541380
Tioga519472
Columbia5053111
Chenango474688
Allegany471598
Washington471468
Otsego462655
Wyoming443458
Greene442587
Orleans441089
Franklin436422
Lewis365338
Delaware360348
Seneca276763
Essex237533
Schoharie233723
Yates167728
Schuyler155817
Hamilton4393
Unassigned14123
Out of NY0319
Utica
Cloudy
52° wxIcon
Hi: 54° Lo: 46°
Feels Like: 52°
Oneonta
Cloudy
55° wxIcon
Hi: 50° Lo: 50°
Feels Like: 55°
Herkimer
Cloudy
52° wxIcon
Hi: 55° Lo: 47°
Feels Like: 52°
Old Forge
Cloudy
52° wxIcon
Hi: 52° Lo: 43°
Feels Like: 52°
WKTV Radar
WKTV Temperatures
WKTV Severe Weather
Game Day Deals - New Deals Each Week
Chapter Aesthetic October Giveaway
Cool To Be Kind 2021
Looking for work or looking to hire? Check out the WKTV Job Fair!
Saluting Those Who Are Proud 2 Serve