Courts
COURTS: Judge: Doxey lied on stand
Judge Matthew Murphy said Monday that Nicholas A. Doxey lied under oath during testimony in the negligent homicide case in the death of his daughter.
Murphy said it was determined that Sara E. Nigro, Sierra Marie Doxey’s mother, was asleep during the time of the baby’s death — around 8 a.m. to the time a 911 call was placed at 1:37 p.m. It was Doxey’s responsibility to watch the infant, Murphy said.
“Evidence suggests, circumstantially, that Doxey did know that the baby needed medical assistance,” Murphy said, while adding that Doxey claimed that the child was breathing and in generally good condition when he checked her every 45 minutes.
Murphy concluded in his written response to the lawyers that if the forensic evidence is correct, then the claims by Doxey that he checked on the baby every 45 minutes were false.
“Such lies are evidence of a conclusion of guilt, which supports the grand jury’s determination that he did discover the medical predicament of his daughter long before he finally placed the 911 call,” Murphy said.
Murphy said he lied to cover up his negligence.
Also on Monday Murphy denied the motions to dismiss the Nigro indictment completely, but did however dismiss one count against the mother — the theory of failure to obtain timely medical treatment.
Both Doxey and Nigro were charged with two counts of criminally negligent homicide in connection with the March 4, 2008 death of their second child.
Although there is forensic evidence suggesting the baby died a little after 8 a.m., “there is absolutely no evidence before the grand jury suggesting that Nigro knew or should have known” the baby was deceased, Murphy said Monday.
He then denied the count Nigro faced of failure to exercise responsible care to prevent the child from being exposed to morphine.
“Her presence in the house, despite the lack of any proof connecting her to morphine, cannot prove her actual awareness of the drug’s presence,” Murphy said regarding the admitted presence of morphine at a party two days prior to the baby’s death.
Murphy said since Doxey was the morphine abuser in the family, it proves the charges against him.
“It was reasonable for the grand jury to conclude that the morphine consumed by the infant belonged to Doxey,” Murphy said.
Although their cases were severed for trial purposes, the defense have joined in pretrial motions to dismiss the indictment. Defense attorneys allege evidence fails to demonstrate any possibility prosecution can prove their case beyond a reasonable doubt.
Murphy ruled on Sept. 16 that evidence presented to the grad jury was legally sufficient to sustain the indictments.
Defense attorneys Michelle E. Bergevin and E. Earl Key, and Assistant District Attorney Claudette Caldwell could not be reached for comment.
Contact reporter Britney Milazzo at 439-9222, ext. 6251.
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