Judge rejects effort to cancel guilty plea in shaken baby case - The Buffalo News
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Judge rejects effort to cancel guilty plea in shaken baby case

LOCKPORT – Kenneth S. Lathrop Jr. of Lockport will go to state prison next week for injuring his infant son, after State Supreme Court Justice Richard C. Kloch Sr. refused to let him cancel his guilty plea.

Kloch rejected four arguments made by Lathrop’s new attorney, Dominic Saraceno, who did not represent him Dec. 6, when Lathrop, 27, admitted to reckless assault on a child and agreed to a sentence of seven years in prison and three years of post-release supervision. Kloch said he will officially impose that sentence next Wednesday.

Kloch wasn’t impressed by affidavits from a couple of Lathrop’s relatives that they are blind in one eye, just as the infant became after the Jan. 8, 2013, incident. Kloch said there was no evidence of a genetic connection, since the adult relatives didn’t have hemorrhaging in their eye, as the child did.

Kloch rejected a report that the baby, now 20 months old, was in a car accident before the assault, saying there was no medical substantiation of a claim that the child was hurt. Also turned down as preceding the assault by too long a period was an assertion that the mother shook the baby and might have caused delayed-action injuries.

Kloch also rejected the assertion that Lathrop’s former attorney, Assistant Public Defender Michele G. Bergevin, forced him to plead guilty.

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