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A boy's killing, a family's anger
Parents of autistic teen draw criticism from judge for comments made
at slayer's sentencing
By ROBERT GAVIN
December 15, 2007
 ALBANY
-- The parents of 13-year-old Jonathan Carey blasted the man who
killed their son -- and his lawyer -- just before his sentencing
Friday, prompting a stern rebuke from a judge. Michael and Lisa
Carey of Glenmont went "far, far beyond" what state law allows when
they scolded former state health aide Edwin Tirado, acting Supreme
Court Justice Dan Lamont said in rare comments from the bench.
The judge sentenced Tirado to the
maximum 5 to 15 years in prison, but not before the couple slammed
Tirado for "crushing the life" of their son in February. During
speeches normally reserved for the crime's impact on their family,
the Careys took aim at Tirado's lawyer, Brian Donohue, chiding him
for suggesting the boy possibly died of a seizure. And they said
Tirado, 36, should not have taken the case to trial.
"The list goes on, Edwin, you hired
a defense attorney that did not give you sound legal advice,"
Michael Carey, at times battling tears, said in his remarks. "Sound
and good legal counsel would have been, 'do the right thing,
acknowledge your guilt, accept your punishment and to apologize to
our family for what you have done."
Judge Lamont said victim impact
speeches are not intended to question the rights of defendants to go
to trial. He said his sentencing was based on the jury's findings
and what Tirado "did -- and didn't do" on Feb. 15. He also refused
the couple's request to play a 13-minute video segment about their
son and the case.
Still, the judge did not dismiss
the Careys' entire statements, and agreed with their request to
sentence Tirado to the maximum. Assistant District Attorney David
Rossi had also asked for the most severe term.
Tirado, of Schenectady, was
convicted in October of fatally restraining Carey in a van during a
field trip from the O.D. Heck Developmental Center in Niskayuna to
Crossgates Mall. Instead of shopping, Tirado and ex-health aide
Nadeem Mall drove around for 90 minutes -- at one point stopping at
a video store -- after the child fell unconscious in their care.
He was pronounced dead later that
night. Mall pleaded guilty to criminally negligent homicide,
testified against Tirado and received a six-month sentence.
"As a mother, I plead with all my
heart, that the court sentence Ed Tirado to the maximum term for
mercilously crushing the life out of my son, and for his hideously
callous actions after he realized that Jonathan was no longer
breathing," Lisa Carey said. The couple -- who successfully led the
fight to pass "Jonathan's Law," requiring the release of records
from mental health facilities -- recalled their son as a loving
child who loved horses and is sorely missed.
"Our son, Jonathan, was a precious
boy and did not deserve such a cruel death at age 13," his mother
said. "The pain of such news is beyond all comprehension."
The judge denied a request from
Donohue to set aside the verdict. Tirado did not speak, though
Donohue questioned, in court, why the deeply religious couple was so
unrelenting.
Outside court, Donohue said he
believed there was "way too much pressure" on Lamont to hand down
the maximum sentence.
Lisa Carey later told reporters,
"We were told we could write what we want. We didn't think it would
be out of line."
Gavin can be reached at 434-2403 or
by e-mail at rgavin@ timesunion.com.
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