Forensic pathologist to testify in death of 19-month-old girl

Jun. 30—WILKES-BARRE — Was it neglect of care or simply the trust of a mother whose boyfriend said their 19-month old daughter was okay? Or perhaps a faulty baseboard heater is to blame?

James Kasisky Jr., 26, and Valentina Varela-Luis, 25, were charged by state police at Shickshinny in March with counts of involuntary manslaughter alleging their toddler, Phoenix R. Kasisky, died from dehydration inside their Third Street, Newport Township, residence on Dec. 23, 2022.

Luzerne County assistant district attorneys Jarrett Ferentino and Shana Messinger believe Kasisky and Varela-Luis failed to check on their toddler for nearly 26 hours before finding her deceased in a playpen.

During a preliminary hearing Friday before District Judge Donald Whittaker of Nanticoke, county Coroner Jillian Matthews said the bedroom where the toddler was found was "very hot and dry," while state police Trooper Michael J. Tracy said the bedroom was "warm."

The residence was undergoing renovations at the time.

James Hoffman, an emergency medical technician for Nanticoke City and Newport Township, said he responded to the house and encountered Varela-Luis performing CPR on the toddler. Hoffman said he took over life-saving measures and noticed the toddler's body was stiff and her eyes were sunken in.

Hoffman carried the toddler to an ambulance where county Chief Deputy Coroner Joseph Jacobs pronounced the toddler deceased.

Tracy said he interviewed Kasisky and Varela-Luis separately.

Varela-Luis said she took her son and daughter to a dentist appointment, a friend's house where they ate pizza and to the Wyoming Valley Mall where they ate Mexican food and planned to get pictures with Santa Claus on Dec. 22, 2022. Pictures were never taken as Varela-Luis claimed her son had a tantrum and left the mall, arriving home at about 5 p.m., Tracy testified.

Tracy said Varela-Luis claimed she put her two children to bed and failed to check on them through the evening as she fell asleep on a couch at midnight.

Varela-Luis allegedly said in her interview with Tracy she awakened at 6 a.m., did not check on the children, and painted a wall in preparation of Kasisky placing a heater on the wall later that day.

Varela-Luis said she left the residence at 9 a.m. when she drove to a home improvement store before going to her part time job at a pizza restaurant, leaving Kasisky in care of the children.

Kasisky told Tracy during his interview he works overnights and arrived home at about 5:30 a.m. He claimed he fed the children breakfast and put the children back to sleep before taking a nap himself.

Messinger said based on the timeline provided by Varela-Luis and Kasisky, the children were not checked on for nearly 26 hours.

Tracy said the bedroom where the toddler was found had baseboard heaters but no thermostat. Tracy did say there were knobs on the heaters but was not asked the type of heat — hot water or electric. Electric baseboard heat emits a drier heat than hot water.

Varela-Luis' attorney, Joseph G. Albert, said his client told Tracy she was hesitant to leave Kasisky in charge of the children while she was at work. Varela-Luis also claimed she attempted several times to call Kasisky while she was at work to check on the children but was not able to get through.

When Varela-Luis arrived home sometime between 4:30 and 5 p.m. Dec. 23, she claimed Kasisky told her the children were "okay," as she never checked on the children until after 7 p.m. when she found the toddler unresponsive.

The preliminary hearing will continue Monday when forensic pathologist Dr. Gary Ross is expected to testify about his autopsy findings.

Court records say Ross found no food or liquid in the toddler's stomach, contrasting claims by Varela-Luis and Kasisky that the toddler had eaten on Dec. 22 and the morning of Dec. 23, 2022.

Aside from involuntary manslaughter charges, Kasisky and Varela-Luis are also charged with child endangerment and reckless endangerment.

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