CPS finds no credible evidence vs. workers in tot death

Nassau child welfare workers found no credible evidence that day care workers acted improperly last year when a 2-year-old girl choked on a carrot and later died, a case that resulted in criminal charges filed by District Attorney Kathleen Rice.

A May 19 Child Protective Services report concluded Olivia Raspanti's death at Carousel Day School in Hicksville was a "tragic incident" and rejected as "unsubstantiated" allegations that the school's owner did not provide enough teachers to supervise its pupils.

A day later, Rice announced charges against owner Eugene Formica, assistant director Kathryn Cordaro and the school itself, which was not licensed to care for children younger than 3.

Marc Gann, a Mineola attorney for Formica who gave parts of the report to Newsday, said prosecutors told him that they had not seen the report until recently.

A Rice spokeswoman Tuesday dismissed the CPS probe as "superficial."

"The standards and objectives of these independent investigations are different and we don't expect the [CPS] report to significantly affect the final outcome of the [criminal] case," said the spokeswoman, Carole Trottere, in a statement.

But defense attorneys said the report shows criminal charges were unnecessary. Formica, Cordaro and the school are charged with felony reckless assault by a day care provider, and three misdemeanors: second-degree reckless endangerment; misrepresentation by a child care provider; and a violation of Social Services Law.

"To impose criminal penalties on these people for a tragic accident where a child choked on a snack seems over the top and just to be completely politically motivated," Gann said.

Manhattan attorney Eric Franz, representing Cordaro, said a grand jury hearing evidence on the case now should see the CPS report.

Trottere said, "The bottom line is that a grand jury comprised of 23 people will decide whether criminal charges are warranted, not the district attorney."

Olivia died March 17 after plucking a carrot from a teacher's bag left underneath a classroom table. She choked and died a few hours later at Nassau University Medical Center.

In eight sentences, the CPS report notes baby carrots were often given out at Carousel, three teachers supervised 12 toddlers, and a teacher "immediately performed CPR" on Olivia.

"The death appears to be a tragic incident and does not appear to be the result of lack of supervision," the report said.

The CPS report didn't address the school's licensing issues, Trottere said, and only interviewed school officials. Authorities tried to shut down the school last spring and over the summer because the state said its toddler program needed a license and was unsafe without oversight.

State officials say the school is now properly licensed. CPS declined to comment.

Thomas Foley, a Garden City attorney for the Raspanti family, who are suing Carousel, dismissed the probe, saying CPS did not talk to Olivia's mother Lisa, a school employee.

Gann said the report should be taken seriously because caseworkers need only "some credible evidence" to substantiate an allegation - far below law enforcement's "beyond a reasonable doubt."