COALITION AGAINST INSTITUTIONALIZED CHILD ABUSE
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Lawyer calls suspect devout

February 18, 2007
By Kate Perry


Defense attorney says public has wrong idea about O.D. Heck worker

One of the men charged in connection with the death of an autistic child didn't know the boy was dead when he and his co-worker went shopping and ran errands with the boy in the back of their van, his lawyer said Saturday.

Attorney Brian Donahue described his client Edwin Tirado, 35, of 1634 6th Ave., Schenectady as a hard worker and a devoutly religious man. He said Tirado, who is not married and has no family of his own, would never let a child suffer at the facility where he works, O.D. Heck Developmental Center in Niskayuna.

"There's no way in the world this man was driving around knowing he had a dead child in the back of the vehicle," Donahue said.

Tirado is accused of putting O.D. Heck client Jonathan Carey, 13, who was also mentally retarded and nonverbal, in an inappropriate restraint hold while they were on the way to a shopping trip at Crossgates Mall, Guilderland, police said.

Another O.D. Heck client, who police aren't naming, and another staffer, Nadeem Mall, 32, of 9 Plaske Drive, Schenectady, were on the trip. Colonie Police say the group stopped at a Colonie grocery store so Mall could use the ATM and when he returned to the van he saw Tirado restraining the boy.

The pair then conducted several errands before returning to O.D. Heck, where 911 was called. Police say Carey stopped breathing in the van. Both men were charged with manslaughter and sent to the Albany County jail.

Donahue said the public has the wrong perception of the incident.

"They think these two men were just joy riding around in van with a dead boy in the back," Donahue said. "Based on what I'm hearing ... this is not who Edwin Tirado is. He is a very devoted worker."

The attorney said it's possible that Carey had a deadly seizure.

Donahue has only met with Tirado's family, but he will visit his client in jail soon.

Tirado and Mall are due in court Wednesday and Albany District Attorney David Soares said he'll put the case to a grand jury as soon as autopsy results are available.

Kate Perry can be reached at 454-5092 or by e-mail at kperry@timesunion.com

 

 

 

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