A Dukes County Superior Court judge this week declined to impose a curfew against a babysitter who is awaiting a trial for manslaughter, frustrating the family of the alleged victim who felt the prosecution could be doing more in the case.
The Cape and Islands District Attorney’s Office on Wednesday asked that a curfew that had previously been a part of Aimee Cotton’s bail provisions be reinstated, but Judge Daniel Wrenn declined to take action, citing a lack of probation violations since the case ended up in the superior court.
“She has a stay away and no contact. If she violates that, then she’s looking at a whole different circumstance,” the judge said. “The court would address that if there’s a violation. So I’m going to leave the condition as is, but the conditions are the conditions and I don’t want to see any violations.”
Ms. Cotton is accused of leaving two-year-old Frank Rodenbaugh unattended in her vehicle for several hours while she was supposed to be watching him. The infant was later found unresponsive and died in March 2025 after nearly a week in the hospital.
Assistant district attorney Courtney Scalice asked Judge Wrenn for the curfew during Ms. Cotton’s pretrial hearing Wednesday, saying that the bail condition was previously attached to Ms. Cotton’s case before she was indicted.
The superior court in October 2025 ruled that it would transfer over the conditions of bail from the lower court. But the 6 p.m. to 6 a.m. that was initially included in the case wasn’t included. Court records show that the district court did vacate the curfew in April 2025 in one of Ms. Cotton’s cases before the indictment, though no reason was cited.
Ms. Cotton’s attorney argued against the curfew, saying it was unnecessary.
“I don’t think there’s been any issue, and I don’t think that this is a case where the concern is that my client is out late doing things that you shouldn’t do,” defense attorney Harrison Barrow said at Wednesday’s hearing.
Frank Rodenbaugh’s father Matthew Rodenbaugh said the court proceedings made for a difficult day as the family seeks justice and he questioned the preparedness of the prosecutors and assistant district attorney Scalice.
“She struggled to explain the existing conditions and couldn’t accomplish the simple task of reinstating the curfew, despite all the evidence and reports we had provided since November,” Mr. Rodenbaugh wrote in a statement to the Gazette.
Mr. Rodenbaugh was also upset that the prosecutor didn’t mention Ms. Cotton’s probation violation from last year at a local lacrosse game.
“It left us feeling unheard, unsupported, and like this case simply isn’t being taken seriously,” he wrote.
Mr. Rodenbaugh was also concerned that there had been virtually no direct contact with the assistant district attorney handling the case since the indictment, and no meaningful interaction with district attorney Robert Galibois since Frank’s celebration of life in May 2025.
“There have been no check-ins, no updates, and no sense that this case – which we believe should be a top priority – is receiving the full attention and resources it deserves,” Mr. Rodenbaugh wrote.
In a statement Thursday, the district attorney’s office said it works diligently to handle any cases that come through its office with care, attention, and preparedness.
“We will continue to pursue justice for Frankie within the confines of the law and will continue to share with his family whatever information is allowed by the law,” the office wrote in the statement. “We are committed to ensuring that the family is informed, present and heard at important stages in the criminal case and ensure that victim services are engaged and available to the family. We welcome a continued dialogue with Frankie’s family to address their concerns and will continue to move forward in seeking justice for Frankie.”
Ms. Cotton is due back in court on April 27 for a further pretrial hearing. The defense and prosecution are hammering out the last pieces of discovery needed for a trial, which could happen this fall.
This article appears in February 27, 2026.