TREAU BERNIS - 2 yo - (2007) New London CT

Conn. man pleads no contest in child's drowning


Associated Press
September 30, 2011

NEW LONDON, Conn.— A Groton man accused of drowning his fiancee's 2-year-old niece has pleaded no contest to reduced charges of manslaughter and risk of injury to a minor.

The Day of New London reports (http://bit.ly/nSQcYr ) that Craig R. Betancourt, who was accused of intentionally drowning Treau Bernis in a Jacuzzi-style tub in 2007, entered his plea Thursday. He is due to be sentenced Jan. 5 to 20 years in prison.

He previously pleaded not guilty to capital felony and murder and, if convicted, faced a possible life sentence without release.

William T. Koch, a lawyer for Betancourt, said the physical evidence pointed to an accident.

Prosecutor Paul J. Narducci said he and others in the state's attorney's office evaluated the discrepancy in the evidence before making the plea offer.

http://www.courant.com/community/new-london/hc-ap-ct-toddlerdeathsep30,0,5566404.story

Betancourt sentenced to 20 years in death of toddler

Published 01/06/2012 12:00 AM

Survivors of 2-year-old drowning victim Treau Bemis, deeply divided about the circumstances of her death, clashed Thursday as Craig R. Betancourt, a 34-year-old former restaurant worker, was sentenced in New London Superior Court to 20 years in prison for causing the child's death.


Treau's mother, maternal grandmother and aunts believe Betancourt murdered the little girl while bathing her in a Jacuzzi-style bathtub at his Groton home on Sept. 16, 2007. They told Judge Patrick J. Clifford that Betancourt is a monster who murdered the happy and loving little girl.


"May you rot in hell," said Andrea Stollar, the girl's grandmother. "I hope and pray you never get a moment's peace."


The child's paternal grandparents and uncle said Treau's death was an accident and that Betancourt is a gentle soul who would never harm anyone. They blamed Treau's death on her parents, who were unable to care for her due to their substance-abuse problems. They said also that Stollar's family was no help during that time.


"They lived in a bottle of alcohol," said Treau's paternal grandfather, James Bemis. While listing his complaints, he turned to the maternal side of the family sitting in the front row of the courtroom, then claimed they gave him the finger in response. Judge Patrick J. Clifford told Bemis to turn around and address his remarks to the court.


Later, the judge said no one but Betancourt was to blame for Treau's death. Betancourt had been babysitting Treau and his own daughter while his fiancée, Kimberly Bemis, was at work.


Kimberly Bemis had custody of the girl because her brother, Timothy Bemis, and his wife, Loretta Stollar -Treau's parents - had substance-abuse problems.


Initially charged with capitol felony for intentionally causing the child's death, Betancourt pleaded no contest to the reduced charges as jury selection got under way in the case in September.


The state had extended Betancourt a plea offer based on information that came to light as attorneys were preparing the case for trial. The defense was prepared to call an expert medical examiner to testify that Treau could have died accidentally. The defense estimates Betancourt left the girl alone for a total of 10 minutes, while the state contends it was closer to 16 to 19 minutes.


When questioned by police, Betancourt initially claimed Treau died accidentally when he left her in the bathtub to check on his own daughter, look at email and watch parts of a football game.


Hours later, when police told him Treau was dead, Betancourt said he had tortured Treau and sprayed her head and face with the jet from the Jacuzzi-style bathtub.


In support of the defense theory, attorney M. Fred DeCaprio played a recording of Betancourt's 911 call after he found the girl unresponsive in the tub. The courtroom was silent except for the sound of Betancourt's heavy breathing and panicked voice as he followed the dispatchers' instructions in an attempt to revive Treau.


DeCaprio said a psychologist who examined Betancourt found he was "highly suggestible" and compliant with authority figures and not a malicious person.


Prosecutor Paul J. Narducci said the state is not conceding that Treau's death was accidental but that the state was not confident it could prove to a jury, beyond a reasonable doubt, that Betancourt had intentionally killed the toddler.


"It's very difficult at times to prove what an individual's intent is," Narducci said.


The one thing on which both families agreed was that Treau - described as a sweet, loving child - would never have the opportunity to grow up, graduate from school and get married.


"Craig still gets the luxury of visiting his daughter," said Treau's mother, Loretta Stollar, who is now divorced from Bemis and living in West Virginia. Betancourt's daughter, then 7, was in the Groton home where Treau died. She occasionally visits Betancourt in prison, a fact that enrages Treau's maternal family members.


Betancourt was a "natural father," said Eric Bemis, brother of Treau's father, Timothy. He called Treau's parents "two drunks" who did nothing for the girl.


"Craig was, for an entire year, the only father Treau actually knew," Bemis said. He turned to Betancourt, crying, and said he was sorry for what had happened.


Betancourt, who cried during parts of the proceeding, chose not to speak.


Clifford, who looked at a poster-sized photograph of the smiling toddler that was displayed at the request of Treau's maternal family members, said his heart went out to all of Treau's family members.


No prison sentence could appropriately reflect the loss of a child, he said, calling it a "devastating, horrible tragedy." Had it happened to a child in his family, "there wouldn't be enough days or decades," Clifford said.


"Everybody out there indicates they know what happened," Clifford said to the family members on both sides. "Nobody knows what happened, only Mr. Betancourt."


"I understand some of the facts are disputed," the judge said to Betancourt. "But clearly you are legally and criminally responsible for this homicide."


http://www.theday.com/article/20120106/NWS02/301069967/1017