RENSSELAER, N.Y. (NEWS10) – A family member of the three-year-old girl killed in Rensselaer County last year reacted to the suspect’s guilty plea. The district attorney’s office announced Tuesday, 34-year-old Robert Fisher admitted to the brutal murder.
Josefina Cunningham was bright, bubbly and kind, according to her brother Jy’Quan Stewart.
“She would like to play around a lot with her toys and stuff like that. She always wanted to be a firefighter. That’s what she wanted to do when she grew up. She always used to talk about being a firefighter,” said Stewart.
It was firefighters, and other first responders, who arrived on the scene of the horrific crimes committed by Robert Fisher.
Josefina, also known as Josie, was raped and murdered while Fisher was babysitting. Her mother found her unresponsive. Authorities believe she died between July 6 and July 7 of last year.
The lead prosecutor in the case, Rensselaer County Assistant District Attorney Antonia Edwards, said it's typical to negotiate pleas in these types of cases but what is not typical is the brutality of the crimes. Fisher, who had a prior violent history, shared terrible details that matched the evidence.
“He told us that he administered drugs to the child. They were prescription drugs the mother was prescribed to. He then raped the child. The child then died, and he did try to clean her up with Clorox wipes,” said Edwards. She shared more details on the plea agreement.
“Full parameters of the plea included a plea to the entire indictment, so both counts murder in the second-degree and rape in the first-degree. And he will receive, in exchange for that, a sentence of 20 years to life,” said Edwards, who added Fisher pleaded guilty to the egregious crimes on Monday.
Rensselaer County District Attorney Mary Pat Donnelly said, in her opinion, there could not have been a better outcome in the case.
“He’s getting the harshest punishment possible. He’s got life on the back end and a significant sentence in the front. The death penalty is not an option in New York. I think all of us, digging deep in our souls, would like to see something like that happen to someone like that but that’s not the law,” said Donnelly.
Stewart said he was shocked to hear he accepted a plea and wanted the case to go to trial.
“I wanted them to go into details of what really happened that night. I want them to go really into detail. I want some good straight details because that could open up a lot of stuff,” said Stewart. “Trials like this, you know, attract national attention. This may open up some laws.”
Donnelly said the community was invested in this case, from the first responders to the nurses and medical examiners.
“I don’t think I’ve ever had a case where we all got together shortly after the arraignment just to talk about how everyone felt because we were all so concerned about how everyone was processing what went on,” said Donnelly.
“We are here to bring just a little tiny piece of healing. if it were up to me i would want to make them whole, that’s absolutely impossible when you have a family member in front of you who has lost a loved one,” said Donnelly.
Stewart said it's been painful for the entire family. Despite the fact that it's been hard for him to focus at work and at school, he is producing a short documentary and has authored a book on his sister’s case because it is helping him heal and explore avenues for change.
“How’s this process helping? It’s helping me grieve without crying, without thinking about it, trying to think of something positive,” said Stewart.
Stewart plans on being at Fisher’s sentencing on August 6.