A Vineyard woman charged with manslaughter for the death of a toddler will have her trial held in an off-Island courtroom after her lawyer raised concerns about the chances of calling an impartial jury here.
Dukes County Superior Court Judge Peter Krupp said Wednesday that he would allow Aimee Cotton’s case to move to the superior court in Barnstable for trial after receiving the blessing from the parents of the late two-year old Frank Rodenbaugh and from the Cape and Islands District Attorney’s Office.
The decision is a rare move; most trials happen in the county where the alleged offense occurs, though they can move under special circumstances.
Judge Krupp said he would agree to move the trial once the logistics were worked out with the Cape Cod superior court.
Ms. Cotton was Frank Rodenbaugh’s babysitter and is accused of leaving him and another child alone in her vehicle for several hours while she stayed inside her home. She later found him unresponsive and he died at a Boston hospital.
Ms. Cotton was indicted in September on charges of manslaughter and reckless endangerment of a child. On Wednesday, her attorney filed a motion to transfer the case, citing deep effects the death has had on the Island community.
“Those events have prompted an outpouring of support within the Island community and [Ms. Cotton] reasonably believes that she may not obtain a fair and impartial trial before a jury drawn from Dukes County,” Harrison Barrow wrote in his motion.
Extensive coverage in the Island newspapers and a wrongful death lawsuit filed by the Rodenbaugh family were also cited as reasons to move the case.
Mr. Barrow told Judge Krupp on Wednesday that the request was also based on the schedule of Barnstable County Superior Court, which convenes more often than Dukes.
A spokesperson for the Cape and Islands District Attorney’s Office said the district attorney agreed to the request after gaining the support of the victims’ family, but declined to talk about the issue further.
“We respect the court’s process and do not have any additional comment while the case is pending,” said Danielle Whitney.
Assistant district attorney Courtney Scalise told the court Wednesday that she believed a trial could take two to three weeks, including jury empanelment, based on the extensive medical testimony that would be needed.
A trial assignment conference in the case is scheduled for August 14.







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