Jury finds Binghamton man not guilty of felony charges in death of 2-year-old daughter
Jeff MurrayA Binghamton man originally charged with felonies in connection to the death of his young child was convicted on a lesser misdemeanor count following a trial in Broome County Court.
Philip M. Calcagno was indicted on felony charges of second-degree manslaughter and criminally negligent homicide, along with a misdemeanor charge of endangering the welfare of a child, in the December 2020 death of his 2-year-old daughter.
Following a trial last week, the jury found Calcagno not guilty of the felony counts, but guilty of the child endangerment charge.
"While we're disappointed in the outcome, we respect the decision of the jury," Broome County District Attorney Paul Battisti said in response to the verdict.
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On Dec. 18, 2020, police and medical personnel responded to a 911 call about a child not breathing at an address on Saratoga Avenue in the City of Binghamton, 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.
Similar charges against a babysitter in the case were dismissed by Broome County Judge Joseph Cawley, who noted the babysitter was not the child's parent and did not assume full responsibility of parenthood that would have compelled the babysitter to seek medical attention for the girl sooner.
Calcagno is scheduled to be sentenced at 9 a.m. June 25. He faces up to one year in prison or three years probation for the endangering the welfare of a child conviction.
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