Attorney General Peter F. Kilmartin today applauded the decision by the Rhode Island Supreme Court affirming the Superior Court judgment denying Rocco D'Alessio post conviction relief motion to vacate the guilty verdict in the January 13, 2000 murder of his infant daughter Gianna.
On April 16, 2002, Rocco D'Alessio was found guilty by a jury of second degree murder for the death of his infant daughter Gianna. During the trial, the State proved beyond a reasonable doubt that the child's death was a result of severe Shaken Baby Syndrome by her father.
"I am very pleased that the Supreme Court affirmed the Superior Court's judgment in denying this defendant post conviction relief. There was clear and convincing evidence that the death of baby Gianna was at the hands of her father, someone who should have protected her from all harm," said Attorney General Peter F. Kilmartin. "Further, I commend Dr. Laposata, the State's Chief Medical Examiner at the time, for the excellent and thorough work she did in this case. The testimony by Dr. Laposata was critical to the success of the state's case."
The defendant filed for post conviction relief in May 2007, citing newly discovered evidence. During the post conviction relief hearing, the defendant presented testimony of Dr. Richard Callery, who while employed on a contract basis with Rhode Island's Office of State Medical Examiners, had reviewed the file concerning Gianna D'Alessio.