Accused Baby-Killer Freed Without Bond Due To 'Justice Reform' Laws

Anthony Ojeda, who is accused of murdering his six-week-old son, was released without bail under New York's new laws.

Cohoes, NY – A man accused of killing his six-week-old baby boy was released on probation without bail under New York’s new bail reform law even though the judge had the option to keep him locked up.

Albany County Judge William Carter released Mexican national Anthony Ojeda without bail on Tuesday despite the fact that he could have held him for a felony charge, the Times Union reported.

The baby who died, Eli Ojeda-Harmon, was born to his mother at home in Troy on Oct. 17, 2019, the Times Union reported.

The pair were taken to the hospital where Rensselaer County Child Protective Services got involved, and the baby later went home with Ojeda, who was given sole custody because officials believed him to be Eli’s father at the time.

Ojeda stayed at home to take care of Eli while his husband, an Ecuadorian national, worked to support the family, the Times Union reported.

The baby was brought to the hospital for a “not accidental” head injury on Oct. 29, 2019, but when no fracture was found, the hospital sent the baby back home with his father, WRGB reported.

Then on Dec. 3, 2019, Eli was taken back to Albany Medical Center by ambulance and later pronounced dead.

Detectives interviewed Ojeda at the time and he told them he thought the baby might have ingested methamphetamine, WRGB reported.

He also told investigators that he might have accidentally injured the baby’s ribs when he yanked him out of car seat on Nov. 7, 2019 or when he grabbed him a few days before that when Eli startled him awake.

Ojeda has been charged with second-degree manslaughter and second-degree assault.

He was initially held on a $100,000 bond after he was arrested but because the state’s new bail reform went into effect on Jan. 1, a judge had the option to release him under the least restrictive, non-monetary conditions, the Times Union reported.

Under New York’s new law, judges cannot set bail for most defendants accuse of misdemeanors and non-violent felonies.

However, in this case, bail could have been set for the 38-year-old Ojeda because second-degree assault is a felony, the Times Union reported.

Assistant District Attorney Caroline Murray asked Carter to set Ojeda’s bail at $100,000 because he was likely to be charged with second-degree murder soon because the prosecution had evidence that Ojeda intended to kill Eli.

But the judge told the district attorney to take the case to a grand jury first, the Times Union reported.

Murray cannot present Ojeda’s case to the grand jury until the toxicology results come back from the medical examiner’s office, according to WRGB.

The judge set release conditions that included Ojeda not leaving Albany County and his attendance at substance abuse counseling.

Ojeda is also subject to electronic monitoring and had to surrender his passport, the Times Union reported.

“Although the possibility is remote, there is still a possibility that he could flee,” the judge said when he ordered Ojeda to be released, and acknowledged that neither Ojeda nor his husband are U.S. citizens.

Ojeda’s defense attorney told the judge that Ojeda had left Mexico 25 years ago because he feared for his safety because he was gay, the Times Union reported.

Assistant Public Defender Angela Kelley told Carter that Ojeda’s passport is expired and he has no intention of returning to his home country.

The defense has also argued since the beginning that English is not Ojeda’s native language and that he misunderstood the detectives who interviewed him and that the language barrier prevented the investigators from understanding him, WRGB reported.

Police have begun investigating another aspect of the case – witnesses have come forward since Ojeda’s arrest and told the authorities that he was not Eli’s biological father, WRGB reported.

Comments (37)
No. 1-21
JBoH
JBoH

Ain't the New York justice system grand?

MSK
MSK

I felt like I was taking hallucinogenics just reading this story. What a f***ed up world we live in.

MSK
MSK

A mother gives birth but the father, who may not really be the father has a husband. He’s lived here for 25 years but after 25 years claims there was a language barrier when he spoke with detectives and was misunderstood. He has a passport but it’s an expired passport. He won’t flee but the judge says it’s possible he will flee but released him anyway. Go to the grand jury but they can’t go to the grand jury because the tox results aren’t back. WTF!!! And a 6 week old baby (who may have ingested meth) is dead. Oh yeah, it’s so much better now than when I was growing up (sarc.)

lolamae
lolamae

He left Mexico 25yrs ago because he was in fear as he is gay. Send him back to Mexico that should be punishment for him since they don't think he committed such a bad deed killing this baby. WTF is wrong with liberals and the so called Judges who are also Democrats. It is almost as it they could care less about victims and have too much compassion for the killer. Screwed up world gets worse.

LostAllSanity
LostAllSanity

Liberalism really is a mental illness. No attempt at humor. I'm serious.

bryantrent
bryantrent

BS

Cduncanf
Cduncanf

Adios and vaya con dios. We won’t see him again.

JAIL_OFFICER_RCJ
JAIL_OFFICER_RCJ

But did he get his Mets tickets and his gift cards? / Sarcasm

j$cob221
j$cob221

Keep on electing Deblasio it's only going to get worse

Sharonmk
Sharonmk

Ew! There was no Justice for a helpless infant. I'm glad I don't live in N.Y.

Rascal1966
Rascal1966

What in the f••king hell is going on in New York?? The hospital hands a baby over to an illegal fag who does meth because they "think" hes the father and now the baby has been murdered. This POS illegal fag has been here 25 years and still cant speak english?? And to top it off, he gets a get out of jail free card, tickets to a mets game, gift cards and a free cell phone all with his promise he will come back to court and not flee the country. WTF?!?!?

ikaika
ikaika

WTF? Why was the baby released to him after a "non-accidental" injury? Even if there wasn't a fracture, something was seriously wrong there. And what was the judge smoking when he was that determined to release this assaultive asshole? I hope this story hits the news. It makes me want to vomit.

Deputy90312 rtd
Deputy90312 rtd

The children learned that Dad will protect them from harm. Personally, I support Dad’s response but agree that individual and family. The therapist should have counseling and the therapists have law enforcement backgrounds. I am a retired deputy sheriff and a licensed psychologist. WaynePrice PhD

Micheal Sullivan
Micheal Sullivan

If NY doesn't turn Red I'll eat my shirt. They can't all be this stupid.

61mouse
61mouse

This is on the Judge also

61mouse
61mouse

@JAIL_OFFICER_RCJ that's only for NYC

RunCop
RunCop

Stupid ass liberals.

Dixiedamit2
Dixiedamit2

Well isn't he just special ! Why does New York even try to maintain any kind of policing or legal system( joke) when judges release every criminal. What a waste of time,money and safety to these Officers trying to do THEIR jobs. Prayers to all Officers and their families sacrificing their lives to protect criminals .

Caroparks53
Caroparks53

Liberals are nuts..new yorkers keep electing these idiots..blows my mind..this judge is definitely insane..poor baby.probably better off dead than being given to these thugs

stjulia
stjulia

What do you expect from dem-socialist mentality? NY going down the tubes with dysfunctional dem-socialist ideology

DallasGirl420
DallasGirl420

Wtf