A judge Thursday refused to consider a guilty plea for the man accused of killing 20-month-old Asiah Maxam last June in Schenectady.
Judge Michael Coccoma did so in part, officials said, after the man, John J. Batease, was heard proclaiming his innocence as he was going in to take the guilty plea.
Batease, 33, now is scheduled to go on trial next month in Schenectady County Court on a charge of second-degree murder. He faces a sentence of 25 years to life in prison if convicted.
He appeared before Coccoma Thursday to formally say “yes” or “no” to an offer of 20 years in state prison in exchange for a guilty plea to first-degree manslaughter.
Batease appeared to be leaning toward taking the plea offer, but then expressed some misgivings.
After a break, Batease appeared to want to go ahead with the plea, but Coccoma refused to consider it, saying a judge must be satisfied that a plea is truthful, knowing and voluntary.
The victim’s family members and their friends filled the small courtroom in anticipation of the possible guilty plea. When it became apparent that the plea would not happen, Asiah’s mother, Jamie Darrel, appeared incredulous. She remained stunned as Batease was ultimately led out of the courtroom.
Batease was indicted in Asiah’s killing in September. He had long been the focus of the investigation into the little boy’s death June 19, 2011.
Batease, Darrel’s boyfriend, was watching Asiah and several of Asiah’s siblings that evening.
At some point, Batease carried Asiah out of 611 Hattie St. and asked neighbors to summon paramedics. The neighbors said then that he told them Asiah had fallen out of a crib.
Batease repeated that account as rescuers tried to revive the boy, according to earlier testimony. But when the child arrived at Ellis Hospital, it was apparent to medical personnel that his injuries indicated something more than a fall. He had severe head trauma and an airway clogged with blood.
Thursday morning’s plea rejection was the second for Batease. He refused an earlier plea offer that would have sent him to prison for 22 years in exchange for a guilty plea to first-degree manslaughter.
Batease’s attorney Kent Gebert said afterward that Batease maintains his innocence.
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