A chronic infestation of lice and "absolutely filthy" conditions at a Binghamton home led to the death of a 2-year-old girl in December 2020, according to Broome County Court documents.
A Broome County grand jury indicted the girl's father, Philip M. Calcagno, on felony charges of second-degree manslaughter and criminally negligent homicide, along with a misdemeanor charge of endangering the welfare of a child.
Similar charges against a codefendant were dismissed June 8 after her attorney filed a motion claiming the facts of the case didn't support the indictment.
The charges stem from the Dec. 18, 2020 death of Calcagno's daughter at a residence in the City of Binghamton.
Police and medical personnel responded to a 911 call about a child not breathing at that address, and found the toddler unresponsive, according to the grand jury transcript. She later died at a local hospital.
Police investigators who testified before the grand jury described the "absolutely filthy" conditions at the apartment, including insect infestations.
A doctor who performed the autopsy concluded the girl died from cardiac arrest triggered by iron deficiency anemia, adding the deficiency was likely due to a chronic infestation of lice.
Felony charges against a babysitter for the child were dismissed June 8 after her attorney, Benjamin Bergman, challenged the felony indictment, and Broome County Judge Joseph Cawley agreed, noting the babysitter, Jennifer Clay, of Binghamton, was not the child's parent nor did she assume full responsibility of parenthood that would have compelled her to seek medical attention for the girl sooner.
"Defendant did not hold herself out as (the child's) parent, nor was she related to (the child)," Cawley wrote in his ruling. "Defendant did not provide for (the child's) medical care, nor could she."
Broome County District Attorney Michael Korchak said he disagreed with the ruling, but added it did comply with state law, and the law itself needs to be revised. There are other misdemeanor charges pending and Korchak said he has not decided yet whether he will appeal the judge's decision to dismiss the felony charges.