No jail time in choking death of day care toddler

Lisa Raspanti cried on her husband's shoulder Monday in a Nassau County courtroom as their attorney talked about how the couple entrusted their "bright, charming, loving little girl" to a day care center they thought was fully licensed.

Now, 18 months after their daughter Olivia, 2, choked on a carrot at Carousel Day School in Hicksville and later died, Lisa and Anthony Raspanti say they don't want other parents to make the same mistake.

The Raspantis' call for legislative reforms came just before the sentencing of Carousel's owner and manager, who had pleaded guilty to separate charges in connection with Olivia's March 17, 2009, death.

"We hope our legislature will see fit to change the laws that contributed to Carousel's belief that they could circumvent the system," the couple said in a statement read by their attorney, Tom Foley, in Nassau County Court.

As expected, Carousel's owner, Eugene Formica, was sentenced to three years' probation after pleading guilty to second-degree reckless endangerment, a misdemeanor. The manager, Kathryn Cordaro, who admitted to running a day care without a license, was given a conditional discharge, which would expunge the crime from her record if she does not re-offend for a year.

The imposition of a $15,000 fine on Carousel was delayed until Feb. 16 to allow the business to raise the funds.

Monday's hearing brought to a close an unusual criminal prosecution that employed a little-used state law against Carousel - a move defense attorneys had called overzealous but that prosecutors said sent a message to illegal caregivers.

Formica, 65, rose in the courtroom and haltingly delivered a tearful speech, turning once to speak directly to the Raspantis.

"Not a day goes by that I don't think of Olivia, and I pray for her and her family," Formica said, his hands shaking.

Judge James McCormack said the remorse appeared genuine but came too late.

"This was a disaster waiting to happen," McCormack said.

Prosecutors said Carousel operated without a state license, employed too few teachers with too little training, and packed too many children who were too young into dangerously small spaces.

Olivia was able to pluck a baby carrot from a teacher's bag, itself a violation of state laws requiring day care employees' belongings to be stowed, prosecutors say.

The most serious charge - felony reckless assault by a day care provider, a rarely used statute - was dropped. It could have resulted in up to four years of prison.

Olivia's grandfather, Anthony Raspanti Sr., who carries a laminated pocket prayer card of the girl, said he was disappointed Formica and Cordaro didn't go to jail.

But Diane Peress, the lead Nassau prosecutor, said more was at stake, noting the plea required Carousel to allow regular visits by state inspectors.

"It's about making preschools more safe for children," Peress said.

Citing state officials, Peress said the prosecution prompted many more unlicensed preschools to come forward and apply for state licenses. But the state Office of Children and Family Services couldn't provide statistics Monday to back up the claim that applications were on the rise.

The Raspantis, who didn't take questions after the hearing, didn't specify what reform legislation they wanted enacted.

Peress said Carousel had tried to exploit a legal loophole that child care advocates want closed: an exemption allowing nursery schools with first-grade programs to operate without day care licenses.

Another law advocates want changed exempts nursery schools from regulation if a program lasts fewer than three hours. If those loopholes are closed, Foley said the family has one suggestion for the legislation: Name it "Olivia's Law."