NF Parent Charged With Death of Child, Back In Court

September 27, 2013 Updated Jul 1, 2010 at 7:02 PM EDT

By Jennifer Stanonis

September 27, 2013 Updated Jul 1, 2010 at 7:02 PM EDT

NIAGARA FALLS, NY (WKBW) -- Randy and Nicole Colucci of Niagara Falls are both being charged in their child's death and have pleaded not guilty. In Niagara County Court during Thursday afternoon, Randy Colucci was back in the Niagara County Court for an attorney appearance.

Officials say in early April the couple left their 22 month old child, Carmen, alone in a portable crib for 17 hours with a twin mattress on top of the crib and a TV on top of that to weigh it down. When the toddler tried to get out her head got wedged between the mattress and crib, and she suffocated. Her parents facing several charges including murder in the second, reckless manslaughter, and various counts of endangering the welfare of a child.

"The maximum they would face for murder charges would be 25 years to life in state prison," Holly Sloma, Deputy District Attorney, said.

The defense says part of their case may lie in the autopsy report. "It appears that it's not intentional conduct on the part of either defendant that caused the death of this child," Joseph Terranova, the defense attorney, said. "Raises some questions as to whether it's even a homicide, and the report itself indicates... the manner of death is accidental... up to a jury."

Some family members were in court on Thursday including the grandmother who has repeatedly defended the situation saying the parents are not guilty.

The couple has four other children now being cared for by social services. The couple is also expecting another child. They are being held on $75,000 bail each. They're scheduled to be back in court in early September and the trial for both of them could start in November.