BIANCA CARTAGENA - 8 yo (2010) - Amherst (E of Buffalo) NY

In East Amherst, police are investigating the suspicious death of a child. Police haven't released many details. We do know, Amherst Police Officers responded to a home on Greengage Circle in East Amherst just before 9 p.m, after family members had found an eight-year-old child dead. Police also found the child's mother unresponsive nearby. She was taken to the hospital. Detectives have not released her condition or name or the name of her daughter. Investigators are still looking into what caused the young girl's death, but they are treating it as a suspicious death. Amherst Police plan to hold a press conference Wednesday morning, where they'll release any new information they have.

Amherst Police have released the name of an 8-year-old girl found dead in her mother's home.Bianca Cartagena was found lifeless after spending part of this week with her mother in Amherst. Bianca lives with her grandparents in Tonawanda. The name of Bianca's mother has not yet been released. Police are waiting to release the name until they know more details regarding the child's death. According to Amherst Police, the mother was found unconscious in a backyard shed. Police continue to investigate the situation, including when exactly Bianca went to her mother's house. Bianca's Aunt and Grandfather had gone to the home at 414 Greengage Circle to check on Bianca and her mother after not hearing from them and being unable to reach them by phone.The mother was transported to the Erie County Medical Center. The child is at the Erie County Medical Examiner's Office undergoing an autopsy. It is not yet know if a toxicology report has been issued."From the initial inspection, it doesn't look like there were signs of violence, or trauma to the body. We won't know for certain until the Medical Examiner gets here." said police.Police are now focusing on piecing together the last few days of Bianca's life, including when was the last time she attended school.

Candace Croff Cartagena made clear on her Facebook page how she felt about her daughter."Have a beautiful daughter, Bianca age 7, who I cannot imagine my life without. She makes me smile every day!"But at age 8, that daughter is dead under mysterious circumstances, and Croff Cartagena is confined to a hospital with "self-inflicted" injuries.Relatives checking on the Bianca's welfare found the child Tuesday night at her mother's East Amherst home. The official cause of her death remains pending results of an autopsy conducted Wednesday, according to Amherst Assistant Police Chief Timothy Green.For now, the death continues to be listed as suspicious, and no charges have been lodged against anyone, town police said Wednesday.Relatives of the child are not saying much."She was a wonderful little girl," said Dr. Ruben Cartagena, Bianca's grandfather. "My son is taking this very badly."He said his son, also named Ruben, had separated from his wife.North Tonawanda family members of the 31-year-old Croff Cartagena, who is in Erie County Medical Center, declined to comment on her condition.Bianca, a third-grader at Dodge Elementary School in East Amherst, had been living in the home of her maternal grandmother and aunt in North Tonawanda for a couple of months, police said.Monday, Bianca, described by neighbors as a pretty, blond-haired girl, was taken to her mother's home on Greengage Circle for a visit.At 8:45 p.m. Tuesday, an aunt and another relative summoned police to the house after finding the child dead.Police estimate Bianca had died about two hours before the relatives arrived.Although an autopsy was conducted, the exact cause of death might not be known for a couple weeks, until the Erie County Medical Examiner's Office completes toxicology tests, according to authorities.Investigators have said the child showed no signs of trauma.Police discovered Croff Cartagena in a semi-conscious state in an oversized backyard shed. An ambulance was summoned, and she was taken away on a gurney as oxygen was administered, neighbors said.Croff Cartagena and her husband had separated last summer, but she continued to live in the home, the neighbors said. They added that when the couple were living together, they were friendly but private.The mother, raised in North Tonawanda, had told her neighbors a few years ago she worked for an insurance company, but her Facebook page now lists her employer as a bank.Neighbors said they were not sure about the younger Ruben Cartagena's employment.While information on the couple was limited, that was not the case for their only child.In her short life, Bianca had brought joy to her young friends and to grown-ups who remembered her fondly.One of Bianca's favorite games at Dodge Elementary was "teacher," according to 8-year-old Nicole Heffter."She was being really fair because when she was the teacher, she picked on everyone to have a turn ... to answer questions," the third-grader said. "She allowed others to be the teacher's helper."Bianca's grandfather described her as smart, and Nicole said her friend often finished math equations so quickly that she would help other classmates with the assignments.Nicole's mother said she, too, thought Bianca was special. "I'd see her last year when my daughter and [she] were in the same class, and Bianca was a sweet little girl," Maria Heffter said.Sadness pervaded the school Wednesday.Third-grade teachers broke the news of the child's death to their classes, and a school psychologist and social worker were brought in for the children in Bianca's class, a parent said."My teacher just said a little," Nicole said. "She just said that [Bianca] died, so we wouldn't have to be scared that she wasn't in school or anything, but otherwise, we had to have lunch in our classroom, because everyone was kind of sad. So we watched a video to get our minds off of it, Bill Nye the Science Guy."On Greengage Circle, in a subdivision near Brook Court between New and Hopkins roads, Bianca often could be seen playing with other children or, at times, having friends over from school, according to neighbors."You'd see her running through the yards with the other kids," said Pat Marinaccio. "We have fires in our backyard sometimes, and the family came over last year to one of them."Last summer, neighbors were tipped off that something might be amiss at the Cartagena home when a 6-foot-tall vinyl fence enclosing the backyard, along with a swing set, was abruptly removed."A crew came over and took it down in one day," Marinaccio said. "That was a mystery to us."Elise Stegall said she thought the house was being sold, but a "for sale" sign never appeared on the front lawn."It was like no one lived there, and then I saw the mother about two weeks ago sitting out on the back porch on the phone and smoking a cigarette," Stegall said.A fire broke out at the home about two years ago, according to Janice Stegall, the mother of Elise.After that, the Cartagenas made extensive repairs and installed the back shed, the size of a one-car garage and the fence, giving neighbors the impression they were there for the long haul.When young Ruben Cartagena lived at the home, he could be seen pulling up with his all-terrain vehicle or snowmobile on a trailer attached to his pickup truck, the Stegalls said.His Facebook page, in fact, lists his interests as "ATVing."Bianca's grandfather says his son is struggling to come to terms with what has happened and that the family can say little at this point.While none of Candace Croff Cartagena's family was willing to speak on her behalf, her Facebook page not only professes a strong love for her daughter, but also hope for life.The section devoted to long-term status says:"So grateful for 2nd chances. Life is too short. Have fun and enjoy everyday!"

Bianca E. CARTAGENA

| Visit Guest Book


CARTAGENA - Bianca E. November 30, 2010, age 8, beloved daughter of Ruben Cartagena and Candace Cartagena (nee Croff); dear granddaughter of Dr. Ruben Cartagena (Jae Phyo) and the late Josephine Cartagena and Kathleen (Bryan) Sweeney and Alexander Croff; dear great-granddaughter of Faye Sweeney; dear niece of Maria Cartagena (Ray Ogra), Casie Croff, Corrie Croff, Shannon Sweeney and Sean Sweeney; also survived by many cousins. The family will be present Sunday from 4-8 PM at the (Amherst Chapel) AMIGONE FUNERAL HOME, INC., 5200 Sheridan Dr. (at Hopkins Rd), where a funeral service will be held Monday at 11:00 AM. Share condolences at www.AMIGONE.com

An Albany-area pathologist and medical examiner has determined that
8-year-old Bianca Cartagena was the victim of a homicide last year in
her family’s East Amherst home, authorities said.
But with the
Nov. 30 one-year anniversary of the child’s death approaching, there
have been no arrests, and the second opinion by Dr. Michael Sikirica,
Rensselaer County’s chief medical examiner, has not altered the opinion
of the Erie County Medical Examiner’s Office, which performed the
original autopsy in the case.
“I am in consultation on the case, but that is all I can say,” Sikirica told The Buffalo News on Tuesday.
His
findings have been forwarded to Dianne R. Vertes, Erie County’s chief
medical examiner. Vertes was unavailable to comment Tuesday.
The
Erie County autopsy ruled Bianca, who would have turned 9 Monday, died
from asphyxiation, but how it occurred remains undetermined. Relatives
of the child hired Sikirica because they wanted an outside opinion,
according to sources familiar with the case.
When Amherst Police Capt. Enzio G. Villalta, chief of detec-
tives, was asked to comment on Sikirica’s findings, he declined, except to say detectives continue to pursue leads in the case.
“We’re not going to comment on that,” Villalta said. “It’s still an active and ongoing investigation.”
Several
months ago, Ruben Cartagena, Bianca’s father, accused his estranged
wife, Candace Croff Cartagena, of killing their daughter by smothering
her. John R. Nuchereno, the attorney for Croff Cartagena, on Tuesday
continued to maintain that his client, who now lives in Rochester, had
nothing to do with the death and grieves the passing of her daughter.
On
the night of Nov. 30, Amherst police were summoned to the Croff
Cartagena home by Bianca’s maternal relatives from North Tonawanda, who
were concerned that the child had not been returned to them from a visit
with the mother.
At about 8:45 p. m., officers found Bianca dead
in her mother’s bed on the second floor of the Greengage Circle home.
Croff Cartagena was located in a backyard shed in a semiconscious state
with apparently self-inflicted wounds.
Autopsy results determined
the girl had been dead at least 12 hours before she was found, and
Bianca’s father had said she was completely covered with blankets.
Nuchereno said Croff Cartagena has seen neither the original autopsy report nor the more recent findings of Sikirica.
“I have no reaction without seeing the report,” Nuchereno said.
In addition to his duties in Rensselaer County, Sikirica performs autopsies for numerous other counties throughout the state.
Asked
about Croff Cartagena’s moving to Rochester several months ago,
Nuchereno said, “There’s a very legitimate reason for that. She’s not
there to flee from anything. The details involve her private life, and
they are going to remain private.”
Authorities, he added, are aware of where she lives.
After
her daughter’s death, Croff Cartagena was hospitalized for an extended
period in Erie County Medical Center’s psychiatric unit. She then moved
to Buffalo, prior to moving to Rochester.
And while she remains in mourning, according to Nuchereno, others also continue to mourn Bianca’s passing.
An “In Memoriam” tribute to Bianca appeared in Monday’s Buffalo News, stating:
“Happy
9th Birthday, Bianca. We are so grateful for the 8 wonderful birthdays
we could celebrate with you. You brought us such happiness and a new
kind of love.
“Our hearts have an open wound that will never
heal, but the love we have for you allows us to celebrate life. We will
always treasure those wonderful memories and know you are with us in
spirit. All our love, Grammie and Papa.”

http://www.buffalonews.com/city/communities/amherst/article625652.ece

Why in the world hasn't the mother been indicted? It sure sounds like she suffocated or strangled the poor child and then tried to possibly kill herself.

Halloween was difficult, Thanksgiving and Christmas will be too, but
Bianca Cartagena's father has hope that Amherst police are closer than
ever to arresting the killer of his 8-year-old daughter.

Ruben Cartagena's hopes are based on recent findings by an
Albany-area pathologist who, after reviewing local autopsy results,
determined the child was murdered.

The Erie County medical examiner's autopsy listed asphyxiation as the
cause of Bianca's death last Nov. 30, but failed to conclude how the
Dodge Elementary school girl's air supply was cut off.

Cartagena says he knows who did it: Candace Croff Cartagena, his estranged wife and the mother of their child.

"She was the only person in a locked house with my daughter. I think
she used a pillow to smother her. Bianca was found in Candace's bed with
the blankets completely covering her. It's a no-brainer," Ruben
Cartagena said late last week. "I don't know why they haven't charged
her yet."

An allegation of homicide against Bianca's mother could not be
further from the truth, according to John R. Nuchereno, the attorney
representing Croff Cartagena. He has repeatedly described her as a
grieving mother.

Nuchereno questions why "we can't rely upon the chief medical
examiner for the County of Erie" and points out that Bianca's family
paid for "the out-of-county examiner."

So why is Ruben Cartagena so convinced the woman he lived with for more than a decade killed their only child?

No control

He offers a glimpse into a deteriorating world that neither he nor Bianca had control over.

The two-story house the family shared in happier times on Greengage
Circle in northeast Amherst possessed all the trappings of middle class,
suburban life. A swing set, a new white vinyl fence and a recently
constructed oversized backyard shed were part of the landscape on their
wide, corner lot.

Inside, the kitchen had just been remodeled and there were three
bathrooms and more than enough living space for the family of three. But
as money problems and mental health issues occurred, the Cartagenas'
marriage unraveled and Ruben Cartagena moved out.

Croff Cartagena, he said, took several leaves of absence from her job
as an insurance claims adjuster and was often under the care of a
psychiatrist.

He adds that he tried to get joint custody of his daughter, but the court ruled in favor of his wife.

On visits to the house in the months leading up to the fateful night
of Nov. 30, Ruben Cartagena says he was taken aback by what he saw.

"The main bathroom on the second floor had been gutted of its vanity,
lighting fixture and toilet. She sold the kitchen appliances and
cupboards and all the furniture in the house. The only thing that was
left was Candace's bed. It looked like a tornado went through the
house."

Outside, the $4,500 swing set that had been purchased by Ruben Cartagena's father, a physician, was also sold.

"She even sold the vinyl fence that had cost us $10,000. How do you sell a fence?" Ruben asked.

Neighbors confirmed to The Buffalo News that there had been a fence and a swing set that was removed from the property.

By the beginning of September 2010, with the new school year about to start, Bianca was taken from her mother, the father said.

"Candace had dropped Bianca off at her mother's for the weekend
before school started and then never showed up to bring her home and
prepare her for school, and that's when enough was enough. The
grandmother took Bianca in, and I didn't have a problem with that."

Fast forward a few months.

Kathleen Sweeney, the maternal grandmother who opened her North
Tonawanda home to Bianca, let the child visit her mother Nov. 29. The
next evening, two of Sweeney's relatives went to the Greengage Circle
home in search of the child and called police when they found her dead.

Police were summoned at about 8:45 p.m. and located Croff Cartagena
in a semiconscious state inside the backyard shed with apparently
self-inflicted injuries.

The local medical examiner determined that Bianca had been dead at least 12 hours before she was found.

Toxicology tests came back positive for the date rape drug known as
GHB in Bianca's system, but authorities said it did not appear to have
contributed to her death.

Ruben Cartagena says Croff Cartagena used Bianca to get money out of him and other relatives.

"She'd say she needed money for Bianca. She used Bianca as a pawn. She'd withhold Bianca from her grandmother and me," he said.

Ultimately as her control over Bianca diminished, Ruben Cartagena said, Croff Cartagena decided to end the child's life.

Heartbroken

Following Bianca's death, Croff Cartagena had extended stays in Erie
County Medical Center's psychiatric unit. She then relocated to Buffalo
and later to Rochester. Ruben Cartagena says he thinks he knows why she
moved.

"She's trying to get away," he said.

Nuchereno says she moved there for "legitimate reasons," though he declines to state what they are.

Sweeney on Friday refused to discuss her granddaughter's death, but
there is no question that the grandmother remains heartbroken. On
Monday, she purchased an "In Memoriam" in The News to pay tribute to the
child's life on the day she would have turned 9.

How the Rensselaer County medical examiner, Dr. Michael Sikirica,
reached his conclusion that Bianca was slain has not yet been released,
but Amherst police and the Erie County medical examiner have copies of
the report.

Keeping an open mind

Dr. Dianne R. Vertes, Erie County's chief medical examiner, is
approaching Sikirica's findings with an open mind, according to her
staff.

"She has been in touch with Dr. Sikirica and has received his formal
report and will be reviewing his findings," said Erie County Health
Department spokesman Kevin Montgomery.

When the review is completed, more discussions between the two pathologists are expected, he added.

Citing confidentiality for ongoing investigations, police and
prosecutors say they are limited in what they can divulge, though they
make it clear they would like nothing better than to solve the case.

Capt. Enzio G. Villalta, chief of Amherst detectives, has repeatedly said detectives are pursuing all leads in the case.

Erie County District Attorney Frank A. Sedita III also confirms that the investigation remains open.

"I completely understand Mr. Cartagena's anxiousness, but we do not comment on ongoing criminal investigations," Sedita said.

In the meantime, Ruben Cartagena goes through more holidays without his daughter.

"Halloween was tough," he said. "When we lived on Greengage Circle,
there were so many kids. The fire truck would come through the
neighborhood blowing the horn and volunteers would give candy to the
kids. We'd sit around the fire pit."

Now as Thanksgiving and the one-year anniversary of Bianca's death
approaches, the father says memories of the good times with his daughter
"are just killing me."
http://www.buffalonews.com/city/communities/amherst/article630829.ece

AMHERST, NY - There were close to 200 faces in the dark crowd. They
stood outside the home where Bianca Cartagena, 8, was found dead one
year ago Wednesday night.

Friends and family lit candles, prayed and spent about 30 minutes
looking at different photos of Bianca that were projected on a big white
sheet on the front of the house. Her favorite songs played in the
background.

"She was a very happy girl, always made everybody happy," said Ruben
Cartagana Jr, Bianca's father. "She enjoyed life and enjoyed bringing
happiness to others."

But there are few answers as to how the eight-year-old died.

Bianca was found dead inside her mother's Amherst home last November
30th. She lived with her grandmother in Tonawanda but was visiting her
mom. After Bianca's body was discovered, her mother was found just
outside the house in a storage shed. Police say she had a self-inflicted
wound. But no suspect has ever been named, no charges have been filed.

Police will only say Bianca's death is suspicious and they are continuing to investigate.

It makes times like this all that more frustrating as family and friends wait for answers, anything leading them to the truth.

Earlier this month, results from a second autopsy, which was
requested by some of Bianca's family, said the girl was the victim of a
homicide.

That was from a medical examiner downstate.

The Erie County Medical Examiner originally said Bianca died of asphyxiation but didn't know how.

http://www.wgrz.com/news/article/144256/37/Community-Mourns-Girls-Death-Searches-For-Answers

Law finally responds to little Bianca

By Donn Esmonde,News Senior Metro Columnist
on May 9, 2013 - 11:29 PM
updated May 9, 2013 at 11:35 PM

Finally, there may be justice. Finally, Candace Cartagena stands accused. Finally, there may be peace for little Bianca Cartagena – and peace of mind for the father who loved her.

Candace Croff Cartagena was charged Wednesday with killing her 8-year-old daughter. The news was as welcome as it was overdue. The girl was found, asphyxiated, in November 2010 under a blanket in the bedroom of the Amherst house where her mother lived alone. Cartagena was discovered in the backyard garden shed, semiconscious and supposedly suicidal.

The finger of suspicion always had pointed at Cartagena. There was no other obvious explanation for the healthy girl’s death while in her care. It took risk-averse District Attorney Frank Sedita III too long to make the case. But the wheels of justice have finally turned.

Buffalo now has its own version of Casey Anthony. The details of the cases are different, but they are similar at the core: Irresponsible young mother is accused of killing her daughter, based on largely circumstantial evidence.

What looks to me like the probable narrative is as simple as it is sad: A mentally unhinged woman was losing control of her life, and of the people in it. In a moment of desperation, Cartagena – in a final display of fading power and control – killed the daughter who was becoming increasingly distant from her.

The details sketch the bigger picture. Cartagena’s husband, Ruben Cartagena, had left her. Their daughter, Bianca, had months earlier left to live with her maternal grandparents after his ex-wife failed to pick her up after a weekend at the grandparents’ house, according to Ruben Cartagena. Living alone in the two-story house in Amherst, Candace Cartagena – who no longer worked due to “stress” – had taken to selling off parts of the house and property. Everything from the backyard fence to a toilet was bartered to cover bills and what the ex-husband called her “upscale” lifestyle.

Defense attorney John Nuchereno on Wednesday proclaimed his client’s innocence. Among those not buying it is Ruben Cartagena – Bianca’s father.

“She obviously killed Bianca,” the ex-husband told me. “I believe that; her own family believes that. We thought she should have been charged immediately.”

Better late than never.

I’m not sure what prompted Sedita to finally take this to a grand jury. Plenty of cops criticize the district attorney, with some justification, for failing to bring charges in homicide cases that are not sure things. He often seems unwilling, presumably for political reasons, to risk lowering his conviction “batting average” by going to court without overwhelming evidence.

Sedita objects to that notion. While not speaking specifically about this case, he said he brings charges any time he feels he has enough evidence. “I don’t need everything wrapped in a bow, or whatever pithy colloquialism people use to criticize me,” he said. “What you may think or believe is irrelevant; all that matters is what you can prove in court.”

Whatever the case, Sedita finally is swinging for the fences on this one. It’s nice to see him step up on a case whose outcome is anything but certain.

For all of the neon signs flashing “Candace,” convincing 12 jurors that a mother could kill her own child is no slam dunk. Look no further than Anthony, the Florida woman who – against all logic – beat a murder rap in her daughter’s death.

In this case, there is no independent witness, no confession, and the county medical examiner did not definitively call the girl’s death a homicide.

It was no surprise, then, to see the prosecutorial “A-team” of Thomas Finnerty and Kristin St. Mary in court Wednesday. Clearly, Sedita is not taking anything for granted.

Although there is no “smoking gun” – or, in this case, no smothering pillow – the case against Candace Cartagena has plenty of backing from both sides of the family. Ruben Cartagena believes that a deadly meltdown by his ex-wife was triggered by the girl’s planned trip with him and her cousins to Disney World the next day.

“I think it enraged Candace, that she would not be the first to take [Bianca] to Disney,” Ruben Cartagena told me. “We all went a year earlier, but Candace wouldn’t let [Bianca] go.”

It may have been the final push, for a woman who was losing her grip.

This case was begging to be tried. Bianca Cartagena did not have much of a chance in life. Now, from beyond the grave, she will finally get a chance at justice.

http://www.buffalonews.com/20130509/law_finally_responds_to_little_bianca.html

Judge allows most of Cartagena’s statements for use in her murder trial
Woman is accused of murdering daughter, 8

By James Staas | News Staff Reporter
on December 4, 2013 - 12:07 AM

After 8-year-old Bianca Cartagena was found dead in her bed, Candace Croff Cartagena had little to say that night about what might have happened to her daughter.

Now, a judge has ruled the statements the East Amherst mother did make to police – after she was found moaning and mumbling in the family’s backyard shed – can be used at her March murder trial.

In statements she made on her way to the hospital and eventually at the hospital, she described her and Bianca’s last afternoon together Nov. 29, 2010. She also talked about how she had tried to kill herself later that day by taking six different kinds of medication to escape from marital problems, unemployment and a house in foreclosure.

“I devoted everything to him, and he keeps leaving,” she said of her husband to Amherst Police Officer Mark Doldan and Detective Edward Solak at Erie County Medical Center.

After taking the pills, she said she went in and out of consciousness and did not recall much besides waking up on the couch in the living room. The couch was wet from her urine.

When asked how she ended up in the shed, where she was found the evening of Nov. 30, 2010, shortly after the discovery of Bianca’s body, she said, “I never go in there. I hate the shed. All my husband’s stuff is in there.”

She also told the officers that she had a mental illness that her family refused to acknowledge.

Solak asked Cartagena, who was 31 at the time, about children, and she mentioned Bianca, who had been living with Cartagena’s parents since Cartagena had been hospitalized at Bry-Lin in August 2010.

She said her mother had dropped off Bianca at Cartagena’s house after school Nov. 29, 2010. Bianca did her homework, after they argued about it, and they played Connect Four and Chutes and Ladders in bed. Then they ate popcorn and drank ginger ale.

She said her last contact with Bianca was at 5:15 p.m., when her mother picked her up and took her to gymnastics.

Cartagena “stated she loves Bianca to death,” Solak said.

Police did not consider Cartagena a suspect in her daughter’s death when she made the statements, Erie County Judge Thomas P. Franczyk ruled, denying defense motions to suppress her statements.

Defense attorney John R. Nuchereno contended her statements should not be allowed at trial because she was in custody at the time. Police had not read her Miranda rights to her before the questioning.

But the judge ruled against the defense request.

“Even when she claimed that she had last seen her daughter at around 5:15 p.m. when her mother picked her up for gymnastics – a fact at odds with the presence of Bianca’s dead body in the defendant’s bedroom at 9:30 p.m. – neither Officer Doldan nor Detective Solak took her to task or confronted her in any way,” the judge said.

He also noted she made no admission of guilt while talking to the officers.

“While the court finds it hard to fathom that the Amherst police, having found a dead child in her mother’s home and the defendant, the only adult at the scene, secreted in a backyard shed in an apparent self-induced state of alleged overdose, were not entertaining the possibility that she might be responsible for her daughter’s death – a conclusion belied by their around-the-clock presence at her bedside – the fact that she may have been a suspect is not determinative” of whether she was in custody at the time, he said.

Neither the length of the police presence at the hospital nor the manner of questioning “created a custodial environment that would have led a reasonable, innocent person to believe that she was … subject to a de facto arrest,” Franczyk said.

He also found that despite having taken the medications, her responses to the questions were appropriate and that she understood the nature and content of her statements.

Less than five months later, Cartagena was more talkative about how her daughter might have died.

She speculated to a Monroe County sheriff’s deputy that Bianca had “suffocated herself” in a fit of crying when she saw her overdosed mother.

“She must have seen me on the living room floor, thought I was dead and cried so hard she suffocated herself,” Deputy Michael J. Favata quoted Cartagena as saying on April 26, 2011.

Favata had stopped Cartagena outside Rochester at 2:30 a.m. for driving a rental car beyond the rental agreement. He called the rental company and was instructed to call Amherst police, who told him she was a suspect in her daughter’s death. She was given an appearance ticket for driving a stolen vehicle, and the deputy then drove her to the motel where she was staying. During that drive, he asked her about Bianca’s death.

Franczyk ruled prosecutors can use Cartagena’s hospital statements to Amherst police at trial, but the judge said they can only cross-examine Cartagena on her statements to Favata if she testifies at trial.

Franczyk also ruled that prosecutors cannot use statements Cartagena made at ECMC to her doctor Dec. 1, 2010, that were overheard by Amherst Police Officer Laura Leahy.

Leahy overheard Cartagena say she had a fight with her husband and had started taking pills Nov. 29, 2010, after spending the afternoon with her daughter. She said she fell asleep on the couch, woke up all wet and moved to another couch. She then said she went to the shed to cool off.

She said she did not recall any interaction with her daughter after taking the pills. She said she did not leave a suicide note or tell anyone because she just wanted to die.

The judge said those comments to her doctor could not be used because she had not waived the doctor-patient privilege.

http://www.buffalonews.com/city-region/erie-county-court/judge-allows-most-of-cartagena8217s-statements-for-use-in-her-murder-trial-20131204

Trial of Amherst woman in daughter’s death postponed three months

on February 18, 2014 - 5:28 PM

The murder trial of Candace Croff Cartagena, accused of suffocating her 8-year-old daughter, has been postponed for three months after her attorney, John R. Nuchereno, withdrew to receive inpatient treatment for a pre-existing medical issue. Erie County Judge Thomas P. Franczyk had scheduled jury selection to begin March 18, but it has been rescheduled for June 9 to give her new attorney, Joseph J. Terranova, time to prepare for the trial.

Police in November 2010 found Bianca Cartagena’s body in her mother’s East Amherst home. Her body was in her mother’s bedroom. Her mother was found moaning and mumbling in the family’s backyard shed. The mother tried to kill herself by taking six different medications.

Cartagena was facing marital problems, unemployment and a house in foreclosure.

The case is being prosecuted by Thomas J. Finnerty and Kristin St. Mary of the Erie County District Attorney’s Office.

http://www.buffalonews.com/city-region/amherst/trial-of-amherst-woman-in-daughters-death-postponed-three-months-20140218