Log In


Reset Password

Ashland man pleads no contest in toddler's death

Joseph J. Brennan II has admitted Schuylkill County prosecutors could prove he assaulted and killed a female toddler in December 2014 in Ashland.

Brennan, 30, of Ashland, pleaded no contest to aggravated assault and involuntary manslaughter, with prosecutors withdrawing charges of third-degree murder, endangering the welfare of children, simple assault, recklessly endangering another person and false reports to law enforcement."It was the commonwealth's belief that this was a shaken baby," Deputy Assistant District Attorney Jennifer N. Foose said Monday about the death of 13-month-old Alivia Delrio.Judge James P. Goodman accepted the plea and, pursuant to the agreement between prosecutors and the defendant, sentenced Brennan on Thursday to serve five to 10 years in a state correctional institution, pay costs and submit a DNA sample to law enforcement officials.State police at Frackville alleged Brennan caused the death of Delrio on Dec. 27, 2014, at a residenceon West Centre Street."The evidence showed that the cause of death was blunt-force trauma," Foose said.Prosecutors said the autopsy on Delrio showed the girl suffered bleeding inside her head and retinal and optic nerve hemorrhages caused by back-and-forth motions. The injuries did not result from falling off a couch, as Brennan had told police, according to prosecutors.Forensic pathologist Dr. Barbara Bollinger said Delrio suffered injuries to the front and right sides of her head and bruising on her right shoulder and lumbar areas and to her face, according to police. Bollinger said the facial bruises resembled a slap or grab, and that Delrio suffered too many injuries for them to have resulted from normal childhood accidents, police said.Bollinger also said Delrio's injuries could not have been caused by being hit with a plastic toy, according to police. Brennan had said that on the day Delrio died, he had seen another child hit her with a plastic giraffe, police said.Police also said Brennan changed his story several times during the investigation.By pleading no contest, Brennan did not admit committing the crimes, but offered no defense to them, acknowledged prosecutors could produce enough evidence to prove him guilty beyond a reasonable doubt of the two crimes and agreed to be sentenced as if he had pleaded or been found guilty.