Manassas babysitter to serve 5 years in toddler’s death
http://www.insidenova.com/news/crime_police/prince_william/manassas-babysitter-to-serve-years-in-toddler-s-death/article_f1508d78-7d32-11e3-898c-0019bb2963f4.html
According to prosecutors, the death of 23-month-old Elijah Nealey was the result of “pure, unexplainable evil.”
Defense attorneys said it was “truly an accident.”
Jessica Fraraccio, 21, Elijah’s babysitter, pleaded guilty in October to felony murder child abuse for the toddler’s Aug. 22, 2012 death.
Monday, substitute Prince William Circuit Court Judge Howe Brown sentenced Fraraccio to 40 years in prison with 37 years suspended for felony murder and 10 years with eight suspended for child abuse. She will serve five years in prison. He also ordered her to serve five years probation and to maintain “good behavior” for the rest of her life. She is to have no unsupervised contact with children following her release, unless she has children of her own, and no contact with the Nealey family, Brown said.
At Monday’s hearing, Brown said he thought his sentence is “not going to satisfy, probably, anybody.”
“Nothing I can do brings back Elijah,” he said. And, Brown said, nothing he could do would punish Fraraccio more than the memory of the toddler’s death is already punishing her.
In an unusual move, Brown also sentenced Fraraccio to make a donation to a charity of her choice on the anniversary of Elijah’s death each year following her release from prison. The memo line on the check or money order must say, “In memory of Elijah Nealey,” Brown said.
“That is to honor the memory of Elijah, to keep the memory of him in her mind,” Brown said.
At a plea hearing, police and prosecutors said Fraraccio, the Nealey family’s babysitter, was alone with Elijah on the day he died.
The Nealey family had hired Fraraccio, the daughter of a family friend, to help care for Elijah and his two older sisters a few months before his death.
On Aug. 22, 2012, the children’s grandmother, who they called Nana, had come to take the older children to the park, leaving Elijah in Fraraccio’s care at the family’s home on Birchwood Court in Manassas.
About 20 minutes later, Elijah was dead, Assistant Commonwealth’s Attorney Teresa Polinske said.
Fraraccio first told investigators that Elijah had slipped and fallen in the bathtub, hitting his head. She called 911 and Elijah was pronounced dead at an area hospital, where doctors were unable to revive him.
Months later, in March 2013, Fraraccio told police that the toddler did not fall in the bathtub. Fraraccio said she became frustrated with Elijah while he was sitting at a small table, eating his lunch. She said she pulled a chair out from underneath him, causing the toddler to fall and hit his head. She then carried him throughout the house, sometimes holding him upside down and hitting his head against a wall or railing, and holding her hand over his mouth and nose. The medical examiner said Elijah likely died of suffocation.
Polinske said investigators believe Fraraccio still has not told the whole truth about what happened that day. Defense attorneys said Fraraccio does not remember all of the details.
Outside the courthouse Monday, Elijah’s father, Mike Nealey, said he was “still in shock” after the judge’s sentence, which he called “very lenient.”
“Not five years. That’s just not right,” he said.
In court, Mike Nealey and his wife, Jenn Nealey, described their son as a happy child who loved everyone he met.
“He was an awesome little boy for the 23 months we knew him,” Mike Nealey said. “He loved life, loved every person he met. … He was just an awesome little boy.”
Jenn Nealey said she struggles with how to tell her daughters, now 6 and 7, the details about what happened to their brother.
“They’re going to have to learn there are monsters in this world,” she said.
The courtroom was filled to capacity Monday with those supporting the Nealey family on one side of the room and those supporting Fraraccio on the other.
Friends and family members submitted to the court about 30 letters in support of Fraraccio, her defense attorney Sandra Drewniak said.
Drewniak said Elijah’s death was a “tragic accident” and that Fraraccio feels remorse for what happened.
“She is extremely remorseful,” Drewniak said after the hearing. “She loved Elijah.”
Polinske, the prosecutor, asked the judge to sentence Fraraccio to 50 years in prison, the maximum allowed by law, saying that Elijah’s death was the result of “pure, unexplainable evil” and that he died as a result of “circumstances that were [Fraraccio’s] choice, done by her hand.”
“There is no reason to give this defendant mercy,” she said.
After the hearing, Prince William Commonwealth’s Attorney Paul Ebert said prosecutors were surprised by the judge’s decision, but they respected it.
“He’s the judge, he makes the decision,” Ebert said.
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