Toddler's 'dried to death' case against parents sent to Luzerne County Court

Jul. 3—WILKES-BARRE — Forensic pathologist Dr. Gary Ross testified Monday the body of 19-month-old Phoenix R. Kasisky had all the signs of dehydration.

The toddler had one-sixteenth of an ounce of fluid in her stomach, her nasal cavity was completely dry and fluid was not able to be extracted from under the girl's eyelid, Ross said.

The forensic pathologist was the fourth and last witness to testify in the preliminary hearing of James Robert Kasisky Jr., 26, and Valentina Varela-Luis, 25, before District Judge Donald Whittaker.

Whittaker determined Luzerne County assistant district attorneys Jarrett Ferentino and Shana Messinger established a case against the toddler's parents, sending charges of involuntary manslaughter, reckless endangerment and endangering the welfare of children to county court.

State police at Shickshinny allege James Kasisky and Varela-Luis were negligent in not checking on their daughter for an estimated 26 hours and leaving her in a room described as "hot and dry" when the toddler was found deceased inside a residence on Third Street, Newport Township, at about 7 p.m. on Dec. 23, 2022.

"I think the point I'm trying to make is, this is a tragic case all the way around," said Varela-Luis' attorney Joseph G. Albert. "A young child my client loved dearly died. We do not believe she did anything wrong. We're looking for our day in court to show that Ms. Varela-Luis did everything that she could possibly could to be the wonderful loving mother we all strive to be."

"Dried to death" is how Ferentino described the passing of the toddler.

During Friday's testimony, state police Trooper Michael J. Tracy testified the bedroom was "warm" while county Coroner Jillian Matthews described it as "very hot and dry," estimating the bedroom temperature was at minimum 70 degrees. The outside temperature, according to the National Weather Service, was one-degree.

An actual temperature reading of the bedroom was not recorded.

Tracy said he interviewed James Kasisky and Varela-Luis separately following the toddler's death.

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 in the food court 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 of his interview with her.

Tracy said Varela-Luis claimed she put her two children to bed and failed to check on the toddler through the evening as she fell asleep on a couch at midnight and woke up at about 6 a.m. on Dec. 23, 2022.

James Kasisky told Tracy he works overnights and arrived home at about 6 a.m., claiming he fed the children breakfast before putting the two children back to sleep while Varela-Luis went to a home improvement store and her job until 4 p.m.

The toddler was found deceased by Varela-Luis at about 7 p.m.

Ross said his autopsy found the girl was severely dehydrated with very little fluid in her abdomen, no urine in the bladder and the girl's eyeballs were "void of fluid."

When questioned by James Kasisky's attorney, Christopher O'Donnell, Ross said he could not determined the exact time when the toddler died.

Ross said the temperature of the bedroom, as described to him with no humidifier, sped up the process of dehydration.

"We have an expectation and the law requires that parents care for their children; provide food and drink to their children and check on their children to make sure they are okay," Ferentino said. "That is what this case is about.

"It is unsettling as a prosecutor; it's unsettling as a parent," Ferentino added. "This was a beautiful little girl for all intent and purposes should still be with us today."

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