OWEGO — Witnesses from the New York State Police were questioned for over three hours during a pre-trial conference Friday in the case of Cody A. Franciscovich, who was charged last year with first degree murder of his 8-month-old daughter.
Prosecution was represented by Tioga County District Attorney Kirk Martin and Assistant District Attorney Cheryl Mancini.
Representing Franciscovich were Public Defender George Awad and Assistant Public Defender Thomas Cline.
Officers gave a detailed overview of the events that occurred on June 9, 2019 after Tioga County 911 received a call to check the welfare on an 8-month-old who was missing from the Deep Well Motel on Route 17C in the Town of Tioga.
Eight-month-old Ruby Franciscovich had last been seen at the motel with her father, Cody Franciscovich.
Emergency dispatch then received another 911 call shortly before 8 a.m. concerning a naked man on Route 17C in Tioga. Troopers located Franciscovich on Route 17C, west of the motel.
Upon Franciscovich’s statement that his daughter was down at the water, he was detained and placed into handcuffs while another officer went in search for the infant.
Shortly thereafter, troopers found “Ruby face down about 25-feet from shore. A trooper quickly waded out into the water and retrieved Ruby, and initiated CPR,” state police said.
Franciscovich was eventually transported to the state police barracks in Owego, read his Miranda rights — which he waived — and was subsequently interviewed throughout the day.
The video recording, estimated between 10 to 12 hours in length, and 64 gigabytes in size, was entered into evidence on Friday along with a transcript. These and other materials will be reviewed by Hon. Judge Gerald Keene, who is presiding over the case.
The NYSP investigator that had interviewed Franciscovich on June 9, said Friday that the defendant had not requested an attorney present, and that Franciscovich had said he was tripping on acid, felt as though he was still tripping, and that his brain was messed up.
That investigator, as well as all other state police officials questioned on Friday, stated that Franciscovich had “seemed normal” and did not appear to be under the influence.
Officers and investigators on Friday did describe Franciscovich as remorseful during their interactions with him on the day of the incident.
Search warrants were executed on Franciscovich himself, the motel room in which he was staying, his car, his phone and tablet, as well as his Facebook account.
The defense did not assert Franciscovich’s fourth amendment rights were violated, and that evidence collected had been done in a lawful manner.
The defense was granted two weeks to issue a written statement in response to the case presented Friday, and the prosecution was then granted two weeks to issue a written response to the defense’s written case.
Judge Keene said the case would be taken off of the February court calendar in order to allow time for the above responses.