A Batavia mother who was initially charged with second degree murder after her dead infant was found in her home last year has had the charge dismissed.
Christina Colantonio, 28, was arrested on August 29, 2015 after police found the infant's body the week before. The infant had been dead for three months and was found in a cooler in a closet in her Liberty Street where she lived with her two other children.
Police made a pending charge of second degree murder based on several factors, including inconsistent statements by Colantonio, that no one was there for the birth or witnessed what took place after, that Colantonio did not seek medical help for the infant, that the Medical Examiner found a wad of paper in the infant's oral cavity that the Medical Examiner said had no cause being there, and witness statements raised concerns about Colantonio.
Police also suspected that Colantonio may have been preparing to flee because she did not show up to work and didn't call in, something she had never done before; she did not return to home after being interviewed; attempts to find her were initially unsuccessful; and she had given her car away to a friend, who claimed not to know her whereabouts.
But the charge was pending because in order to charge Colantonio with murder, prosecutors would have to be certain the baby was alive when it was born.
The Monroe County Medical Examiner was unable to prove that a live birth occurred, partly because of the length of time that passed between the birth and the discovery of the body.
A pathologist was brought in to consult on the case and the pathologist determined the baby was most likely stillborn and had a congenital malformation or deformation involving the midface.
Though the pathologist was not able to explain the significance of the wad of paper in the baby's oral cavity, the District Attorney's Office says, based on the information available, Colantoniio won't be facing charges at this time. The second degree murder charges has been dismissed.
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