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No death penalty in Lehigh baby case

Northampton County prosecutors won't seek the death penalty against a Lehigh Township man accused of killing his girlfriend's toddler in their filthy, dilapidated trailer home on Feb. 24, 2015.

Gary A. Foley Jr., 32, of Bangor, was formally arraigned Thursday in Northampton County court on charges of criminal homicide and four counts of endangering the welfare of children in the death of 17-month-old Kannah Dew.'We didn't feel it was an appropriate case for the death penalty," said Northampton County First Deputy District Attorney Terence P. Houck.He said that "each case is evaluated on its individual facts. We didn't feel (it) warranted the death penalty."He's been charged with crime homicide, which includes first degree murder. We feel it's a solid case against Mr. Foley, and we're confident," Houck said.Efforts to reach District Attorney John Morganelli were unsuccessful early Friday.If convicted of first-degree murder, Foley would be sentenced to life in prison without an opportunity for parole.He's in Northampton County prison, held without bail. Judge Stephen G. Baratta has been assigned to hear his case; a trial date has yet to be scheduled.Kannah's mother, Heather M. Surget, 27, of Great Meadows, New Jersey, who is also in Northampton County prison under $100,000 cash bail, faces four counts of child endangerment.According to court documents, Surget was at work at a fast-food restaurant when Kannah died.About a week before Kannah was killed, Surget asked Foley, whom she had met online, to move in with her in the bug-infested Duke Street trailer in Walnutport. The trailer, Lehigh Township police said, had no running water, no permanent heating system, holes in the floor, piles of trash strewn about, and was infested with cockroaches.On Feb. 24, 2015, Surget left for work between 4 and 5 p.m., leaving Foley in charge of Kannah and three other children - his own 4-year-old son, and Surget's 3-year-old and 2-month-old daughters.When Foley called 911 at about 7:30 p.m., he told dispatchers he had fed Kannah a piece of hot dog, then put her on the floor to change her diaper and she choked, according to court documents."There's something wrong with my baby," he told the dispatcher, adding there was "foamy stuff" coming from her nose.An autopsy revealed Kannah died of skull fractures caused by blunt force trauma, inflicted shortly before she died.