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Published: July 27, 2009 11:53 pm
CITY OF LOCKPORT: Parents appear in court in case of toddler's death
By April Amadon
E-mail April
Lockport Union-Sun & Journal
Two parents charged in connection with the death of their 13-month-old daughter appeared Monday in Niagara County Court.
Nicholas Doxey and Sara E. Nigro, both 23, made brief appearances with their attorneys in front of Judge Matthew Murphy to discuss their cases.
Both are charged with criminally negligent homicide, a felony.
They were indicted in June after a 15-month investigation into the death of Sierra Doxey, their daughter.
Sierra was pronounced dead March 4, 2008. That afternoon, police were called to Nigro’s apartment on Garden Street for a report of a medical emergency involving a child.
Emergency crews arrived and found Sierra was not breathing.
She was transported by Lockport Fire Department ambulance to Eastern Niagara Hospital-Lockport, where she was pronounced dead at 2:24 p.m.
City police determined Sierra died of “acute opiate poisoning.” Detective Capt. Richard Podgers has said the levels of morphine found in Sierra’s system would have been lethal for an adult.
When the investigation began, attorney Earl Key, who represents Nicholas Doxey, said
the parents believed Sierra had died of pneumonia.
Key appeared with his client in court Monday and said he has filed a motion to dismiss the indictment.
“The case is proceeding,” Key said.
Nicholas Doxey is scheduled for a pre-trial conference Aug. 17.
Nigro’s attorney, Michael S. Deal, appeared with her to ask Murphy to approve his motion to withdraw as her counsel.
Deal said Nigro’s financial status has changed considerably since her arrest, and she can no longer afford to retain him.
At the time of her arraignment, her employers told her she would be terminated if she had not been exonerated by June 30, and she is currently unemployed, Deal said.
“This matter requires actions on her defense that I don’t believe she has the funds to pay,” he said, specifically mentioning experts and private investigators that would need to be hired on her behalf. “She has no funds to do that.”
Murphy granted Deal’s motion. Nigro is scheduled for a further appearance next week, by which time Murphy said she should either have retained another attorney or applied for a public defender.
“We have to move the criminal case along,” Murphy said.
Contact reporter April Amadon at 439-9222, ext. 6251.
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