DEFENDANT: Nytosha Laforce ARRAIGNMENT DATE: 05/06/14 DOB: 01/14/1986 AGE: 28 SA CASE NO.: ADDRESS: 264 Malletts Bay Avenue, ASSIGNED PROSECUTOR: Mary L. Morrissey Apartment A POLICE CUSI Winooski, VT 05404 INVESTIGATING OFFICER: Chapman, Pete ADVOCATE: Karen Burns INCIDENT NO.: STATE OF VERMONT SUPERIOR COURT CRIMINAL DIVISION CHITTENDEN UNIT DOCKET NO: 1824-5-14 ifamiortt Superior CO5 Er- STATE OF VERMONT NYTOSHA LAFORCE, Defendant {jig INFORMATION BY ATTORNEY By the authority of the State of Vermont, the State?s Attorney for Chittenden County, upon the oath of office charges: COUNT 1 OF 1 CHARGE CODE: l3V230l/2D, CHARGE NAME: Murder?2nd Deg, OFFENSE CLASS: Nytosha Laforce, in the County of Chittenden, at Winooski, on or about April 4, 2014, was a person who unlawfully killed another human being, to wit: Peighton Geraw (DOB: 1/ 10/13), by inflicting neck and head injuries that Caused his death, while acting with wanton disregard of the likelihood that her behavior may naturally cause his death or great bodily harm, in violation of 13 V.S.A. ?2301. Penalty: imprisoned for life and for a presumptive minimum term Of 20 years. Against the peace and dignity of the State. DATED: May 27, 2014 State?s ?Attorney (Deputy) This information has been presented to me and I have found probable cause. gt 2 ,4 ?ak Co}a?tT dge E-?Inger Print? 6 4 Photos Incident CHITTENDEN UNIT FOR SPECIAL INVESTIGATIONS SUPPORTING AFFIDAVIT STATE OF VERMONT SUPERIOR COURT Criminal Division CHITTENDEN UNIT Docket o. State of Vermont VI Nytosha Laforce (DOB 01/14/86), Defendant Now comes Detective Peter Chapman, affiant, being duly sworn and on oath deposes and says he has probable cause to believe that Nytosha Marie Laforce (DOB 01/14/86), has committed the crime of Murder in the Second Degree, in violation of Title 13 V.S.A. 2301. Synopsis The following a?idavit is a sworn testament of the investigation into the death of fourteen month old Peighton Geraw who died April 4, 2014. The death of Peighton Geraw was suspicious from the initial report and was subsequently determined to be a homicide. The child ?s mother, Nytosha Marie Laforce was determined to be a single mother living with Peighton Geraw at 264 Mallets Bay Ave, apartment in the city of Winooski. Nytosha had a boy?iend identi?ed as Tyler Chicoine who spent considerable time living with her and only because of a Department of Corrections restriction did Tyler Chicoine not reside ?ill time with Nytosha and Peighton. Dr. Elizabeth Bundock of the State medical examiner ?s o?ice conducted the autopsy of Peighton Geraw. The autopsy revealed that Peighton Geraw had multiple impacts injuries to the top of his head, one impact injury to his forehead, a closed head injury (brain bleed), injuries to the retinal nerves in both eyes, injuries to the neck and a healing lower leg ?acture. Dr. Bundock cautioned that the ?nal cause of death would not be determined for several weeks but that the injuries were substantial and were consistent with non-accidental trauma. Dr. Elizabeth Bundock later issued the death certi?cate for Peighton Geraw stating the manner of death was homicide and the cause was trauma to the head and neck. Because Nytosha Laforce and Tyler Chicoine were the primary care givers for Peighton Geraw the investigation focused heavily on their actions leading up to the death of Peighton Geraw. Numerous other persons of interest were interviewed but the primary persons of interest in the death of Peighton Geraw remained Nytosha La?7rce and Tyler Chicoine. Nytosha Laforce and Tyler Chicoine were interviewed several times and both consented to polygraph examinations. Tyler Chicoine? first polygraph resulted in a ?no opinion? but during the subsequent interview he confessed to witnessing Nytosha shake Peighton Geraw and strike his head on the floor. it Chicoine confessed he had not come forward with this information initially because of his love for Nytosha Laforce. Nytosha Laforce consented to a polygraph examination and her result was a ?fail During the subsequent interview, Nytosha was unable to remember neither specific events of April 4, 2014 nor the order in which the events took place; Only when con?onted with the results of her polygraph examination and the accusation she caused the death of Peighton Geraw did Nytosha disclose hearing a loud banging sound while in the bathroom that morning. Nytosha stated she ran out of the bathroom to ?nd Tyler sitting on the floor holding Peighton and he refused to let her hold him. Nytosha ?s only defense was to claim that "Tyler did it. Tyler Laforce consented to a second polygraph examination and the interview focused solely on the disclosure he made after his ?rst polygraph. Tyler Chicoine passed the second polygraph indicating that the statement he provided about Nytosha shaking Peighton was the truth. 1. On Friday April 4, 2014 at approximately 1341 hours The Chittenden Unit for Special Investigation (CUSI) began conducting an ongoing death investigation into the untimely and suspicious death of fourteen month old Peighton Geraw (DOB 01/10/13). Detective Sargent Michael Warren, who supervises CUSI, assigned me as the lead investigator in the death investigation. 1 am a full time certi?ed Burlington Police Officer and have been so since 1995. I was assigned to CUSI in July of 2011. As a detective with CUSI, I have received specialized training in child death investigation and child abuse investigation. Sgt. Warren and I immediately responded to the Fletcher Allen Hospital Emergency Room. On my arrival, I first spoke with Winooski Police Office Scott McGivern. Officer McGivern advised he had responded to the 911call for an unresponsive infant at 264 Mallets Bay Ave. Officer McGivem provided me the name of the deceased, Peighton Geraw (DOB 01/10/13) and the child?s mother Nytosha Laforce (DOB 1/14/86) and her boyfriend Tyler Chicoine (DOB 12/21/89). I learned that St. Mikes Rescue had responded to the 911 call and provided paramedic level emergency medicine services and transported Pei ghton Geraw. I later obtained a copy of the St Mikes Rescue emergency run report. The report indicated that the 911 call was received at approximately 13:41 hrs. and St. Mikes Rescue was dispatched at approximately 13:41 hrs. The report states that St Mikes Rescue arrived at 264 Mallets Bay Avenue at 13:44 hrs. The report indicated that the primary care giver to Peighton Geraw was Paramedic Leslie Lindquist. Lindquist authored the pre-hospital care report which indicated the following ?Arrived to ?nd people yelling and screaming that a baby was not breathing. EMS ushered into the house to ?nd a pulseless and apneic 1 year old male lying supine on the ground. Mother stated she left him alone for ?fteen minutes and came back to find him not breathing.? The report states that the child was unresponsive to stimuli and pupils were unreactive. Lindquist reported they performed CPR and administered drugs intravenously prior to their arrival at the Fletcher Allen Emergency Department. 4. I was informed the Fletcher Allen Emergency Department attempted to revive Peighton Geraw and Pediatric Specialist Dr. Emilia Hopkins lead those efforts but they were unsuccessful and she declared Peighton Geraw deceased at 1406 hours on April 4, 2014. I then met with SANE Nurse Vicky Poulan who informed me that prior to the death of Peighton Geraw he was treated at the Fletcher Allen Emergency room on April 2, 2014 for the of malaise, vomiting, and fever. It was during this hospital visit that Fletcher Allen Medical staff observed bruises on each side of Peighton Geraw?s neck. When asked by medical staff neither the child?s mother, Nytosha Laforce (DOB 01/ 14/86) or the mother?s boyfriend, Tyler Chicoine (DOB 12/21/89) could explain how Peighton received the bruises on his neck. Fletcher Allen Medical staff noti?ed the Department of Children and Families of their observations and informed the child?s mother that DCF had been contacted and to expect a follow up visit from DCF in the near future. SANE Nurse Vicky Poulan informed me that on April 4, 2014 at approximately 1300 hours a DCF employee assigned to follow up on the Fletcher Allen report met with Peighton Geraw?s mother and boyfriend at their residence and left prior to the child being found unresponsive. I asked Sgt. Warren to have another CUSI Detective locate that DCF employee and interview them. Sgt. Warren advised that request was already in progress and the DCF employee, later identi?ed as DCF supervisor John Salter, would be interviewed as soon as possible. Sgt. Warren and I then met with Assistant Medical Examiner Coordinator Laurie McGivern of the State of Vermont Medical Examiner?s office. McGivem advised that the family had just left the examination room where Geraw?s body was and she had been called to conduct an initial examination of Peighton Geraw. McGivern advised she observed an impact mark on the back of Geraw?s head and noted several bruises on his neck. I then went to the ?Family Room? located in the emergency room where Nytosha Laforce, the mother of Peighton Geraw and her boyfriend Tyler Chicoine were waiting. Laurie McGivern of the Medical Examiner?s office joined me and we entered the interview room and we introduced ourselves to those present. In the room were Nytosha Laforce Tyler Chicoine, Patricia Davis (Nytosha?s mother), James Stanis (step?father of Nytosha and partner with Davis), David Dennis (friend and neighbor of Nytosha). Nytosha was crying and inconsolable. I spoke brie?y with Nytosha and those present and explained that we would be investigating the death of Pei ghton and we would like their assistance. I said that I would like to interview them today, if possible, and I asked for Nytosha to sign a medical release for her son?s medical records which she did. I also asked her for consent to search her explained that in any unexplained death of a child our of?ce conducts an investigation an that I was making no accusation of any criminal wrong doing, but in such cases we routinely collect and preserve such things as baby food, medicine, toys and document the child?s surroundings to see if they would provide an answer to what caused the child?s death. Nytosha agreed to sign the consent to search form but her step father James Stanis interjected that he believed Nytosha was too distraught to be signing any legal documents. I noted his comment. 9. 10. ll. 12. 13. I later learned that at the time of Peighton Geraw's death, both Nytosha Laforce and Tyler Chicoine were under supervision by the Vermont Department of Corrections. Nytosha Laforce was on parole for aggravated assault with a weapon and transporting drugs into a 5% Detention Center. Tyler Chicoine was on release from a correctional center and placed on SU (Field Supervision Unit) as a result of numerous criminal offenses to include assault ?and robbery with a weapon, simple assault, prohibited sexual acts, disorderly conduct, violation of conditions and violation of probation. On April 4, 2014 at approximately 1538 hrs. I conducted a recorded interview with Tyler Chicoine at the Fletcher Allen Hospital in a conference room. Present with us during the interview was Laurie McGivern. Chicoine was advised he was not being detained and the interview was voluntary. Chicoine agreed to the interview. Tyler told us that he was not Peighton?s father, but he was Nytosha?s boyfriend and had been so for the last six months. Tyler told me he met Nytosha on Facebook and they were in a serious relationship and they spent all their time together. I asked Tyler to tell me about the past week. Tyler said that Monday and Tuesday were good and Wednesday started off good and they were downtown when they noticed Peighton was sick. Tyler then added that Peighton stopped walking on Monday and normally he was very active. Tyler said that on Wednesday Peighton got very pale and they ended up bringing him to the Fletcher Allen emergency department and they spent ?ve hours there. Tyler said that after all that time there all they were told was that Peighton was dehydrated. Tyler said he believed the hospital missed something. I asked Tyler about the previous weekend and if there were any accidents, falls, or car accidents. Tyler said he couldn?t think of anything. Tyler said the ?sickness? started on Wednesday and Peighton was tired and seemed ?lazy. Tyler could provide no explanation for the reason Peighton stopped walking on Monday March 31, 2014 and could provide no explanation for Peighton?s death on April 4, 2014. I asked Tyler what he thought happened to Peighton and Tyler said don ?t know I wish I knew, he was fine and then he was dead. Tyler Chicoine informed me that he has a court ordered curfew from 8:00 pm to 7:00 am and as such he resides with his parents and does not live full time at 264 Mallets Bay Avenue, apartment but does spend the majority of his time there and assists in the daily care of Peighton Geraw. When I asked Tyler why he was on FSU he gave a Vague answer and when I asked him if he currently had a substance abuse problem he said he never used opiates, but advised he did smoke marijuana. During the interview I observed Tyler Chicoine to have a dark bruise under his left and a dark circular bruise on his right lower neck. When asked about the ?Black eye?, Tyler Chicoine said he got it practicing boxing with a male friend but he refused to name the friend. VVhen asked about the dark bruise on his neck he advised it was a ?Hickee?. I also observed numerous small scabs on the top of both hands and when asked about those Tyler Chicoine said they were the result of punching a heavy bag. It was later learned through a conversation with VT. Dept. of Corrections FSU officer Peter Hamm that on April 2, 2014 he met with Chicoine and was told a different story regarding the injury to his eye. Harnm advised that Chicoine had told him that he had been wrestling around with his girlfriend (Laforce) and she had accidentally ?elbowed him in the eye. 14. I next interviewed James Stanis (DOB 09/26.64) in a Fletcher Allen hospital conference room. Stanis told me he has lived with Patricia Davis, the mother of Nytosha Laforce, since 1999. Stanis told me that Peighton is like a grandson to him, but they are not related by blood. Stains told me that he takes Nytosha to the San Remo Drive opiate addiction clinic every Saturday and Sunday. Stanis said he sees Peighton every weekend and Peighton had always been very healthy and active. Stanis said he last saw Pei ghton on Saturday March 29, 2014. Stanis said he saw Peighton when he dropped Nytosha back off at her apartment after taking her to the clinic and he remembered it was around 0930 hrs. Stanis said Peighton seemed ok. Stanis said that he received a text message from Nytosha on April 3, 2014 in which Nytosha texted him that the hospital saw bruises on Peighton?s neck and DCF was coming to her apartment on Friday. Stanis said he did not know that Peighton had gone to the hospital Wednesday, April 2, 2014 and he heard no explanation from Nytosha for the bruises on Peighton?s neck. 15. I asked Stanis to tell me about Tyler. Stanis told me that he knew Tyler was on FSU. Stanis said ?You could tell Tyler was not experienced with children when you watched him interact with Peighton but he was interested, involved and engaged with Peighton which is a lot more than a lot of what real father are. I mentioned to Stanis that Tyler and Nytosha had been together for six months and he said they had only been together for a month and a half. 16. Stanis told me that Peighton had lived with him and Patricia Davis last year while Nytosha was dealing with her problems. Stanis said that Peighton had been in DCF custody and placed with Nytosha?s mother and him during that time period. Meeting with Chief Medical Examiner Dr. Steven Shapiro 17. On April 4, 2014 after conducting interviews with Chicoine and Stanis I met with Chief Medical Examiner Dr. Steven Shapiro. Present for the meeting was Detective Sgt. Michael Warren. Dr. Shapiro informed me that the CAT scan showed that Peighton Geraw had an ?Extra Axial Hemorrhage? (indicative of a closed head injury). I asked Dr. Shapiro if he had any mechanism of injury for Peighton Geraw?s head trauma or had he been provided any ?Story? from the child?s mother or boyfriend. Dr. Shapiro said no such story had been provided. I asked Dr. Shapiro if he was concerned the child?s death appeared to be the result of non-accidental trauma and he said ?Yes Chief Medical Examiner Steven Shapiro said the exact cause and manner of death would not be confirmed for several weeks. Interview of John Salter 18. On April 4, 2014, at approximately 1700 hours, DCF Supervisor John Salter was interviewed by CUSI Detective Mathew Sweitzer at the office of the Chittenden Unit for Special Investigations. The interview was digitally recorded and Salter was informed to talk about only what was true and that he would be sworn to his statement at the conclusion of the interview. 19. Salter informed CUSI Detective Mathew Sweitzer that DCF had received and accepted a report on the night of Wednesday, April 2, 2014 which involved Nytosha Laforce (DOB: 01/14/1986) and her child Peighton Geraw. Salter advised he had been informed that Peighton had been brought to the emergency room and was treated for ?extreme gastroem?erz'rz's?. Salter said he understood extreme gastroenteritis to be vomiting. Salter further advised that during the medical exam the doctor observed two (2) bruises under Peighton?s jawline and subsequently reported the ?ndings to DCF. Salter said Peighton was accompanied by Nytosha, and her boyfriend Tyler Chicoine (DOB: 12/21/1989). According to Salter, neither Nytosha nor Tyler could explain the bruises and that apparently Peighton had been vomiting for days. Salter said he also found an inconsistency in the hospital report. Salter said Nytosha reported bruising on Peighton?s buttocks, but the hospital report noted no bruising on the child?s buttocks was found. 20. Salter advised that the case was accepted as an ?assessment? and Salter assigned it to 21. 22. 23. 24. 25. himself on Thursday, April 3, 2014. Salter advised he subsequently called Nytosha and scheduled to meet her at her residence the following day, Friday, April 4, 2014, at 1300 hours. Salter said he tried to schedule the meeting for Friday morning, but Nytosha said that was too early. Salter said he arrived to Nytosha?s apartment at approximately 1310 hours. Salter advised that Nytosha answered the door and he walked into the kitchen/living room. Salter described the apartment as having a kitchen attached to a living room with a hallway leading to 2 bedrooms. Salter advised the child?s bedroom was located on the left side of the hallway and another bedroom was located on the right. Salter said no conversations were recorded during his visit. Salter advised that when he first entered the apartment he observed Tyler in the kitchen and he appeared to have just taken a shower, as he had a towel wrapped around his waist and his hair appeared wet. Salter said he talked with Nytosha and Tyler about why he was there and what services and support she was using. Salter said the conversation then circled back to why he was there. Salter said they talked about the fact Nytosha had taken Peighton to the hospital after a being ill for several days. Salter said Nytosha told him they had walked to the hospital because the buses weren?t running due to a strike. Salter advised Nytosha did not elaborate on the exact method she used to transport her child while walking to the hospital. Salter advised that Tyler told him he was not Peighton?s father and that he had been seeing Nytosha for approximately 7 months, but he lived on Elm Street in Winooski. When he first arrived, Salter said, he asked to see Peighton and Nytosha told him Peighton had not gotten much sleep. Salter advised they went into Peighton?s bedroom and he observed Peighton in a crib, lying on his back, dressed, and covered in a blanket. Salter said Peighton appeared to be sleeping. Salter said Peighton?s face was turned so he could 26bruise on the left side of Peighton?s neck, underneath the child?s jawline. Salter described the bruise as round, oblong, and approximately the size of a quarter. Salter said his observations were consistent with what was reported by doctors during Peighton?s exam on Wednesday, April 2, 2014. Salter did advise Peightorfs room had poor lighting. Salter later explained the only light in the room came from natural light that shown throughia window, covered by a curtain. After seeing one bruise, Salter said he told Nytosha he understood there was another bruise on the other side of the child. Salter said Nytosha indicated she was uncomfortable and did not want to wake her child. Salter said he told Nytosha he would come back to see Pei ghton after speaking with her. Salter said he asked Nytosha and Tyler how the bruises, observed on Peighton, were caused and if they used physical discipline. Salter said Nytosha told him Salter advised he asked them if they had ever restrained Peighton or grabbed him to prevent him from injuring himself. Salter said Nytosha again said Salter also said he asked them ?What about maybe preventing him ?rom going into tra?ic or something like that?? Nytosha again said ?No? and Tyler said, ?Oh no, youjusr have to look at him and he won do that. Salter said he additionally asked if it was possible Peighton was grabbed or his shirt was grabbed to prevent him from hurting himself. Salter advised Nytosha said ?No? and explained how she had tried to baby proof her apartment. Salter said he noticed the coffee table had rubber bumpers covering the corners. According to Salter, the only explanation Nytosha provided concerning how the bruises had been caused was that Pei ghton was very active and had fallen down a lot. Nytosha, Salter said, had been sending Peighton to a Daycare located on Shelburne Road, but had stopped because of the bus strike. According to Salter, Nytosha said she was working with Reach-Up to establish a new daycare closer to her residence. According to Salter, Nytosha had said her mother and father helped care for Peighton during the weekend, but advised Pei ghton did not spend the night. Salter said Tyler told him he does not change Peighton?s diapers and does not have a lot of experience with children. Salter advised Tyler did not answer questions unless they were directed at him. Salter said they went back into Peighton?s room a second time which occurred approximately 25 minutes into his visit. During this time, Salter said Nytosha move Peighton?s head to allow him to see the other bruise. Salter described this bruise as similar to the one observed on the other side, but thinner. Salter said he also noticed there might have been some ?redness? above the bruise. Salter advised he wasn?t sure, but the redness might have been an abrasion from a shirt. Salter said the child looked to be ?a 34. 35. 36. 37. little bit pale?, but still appeared to be sleeping. Salter then told Detective Sweizter ?Do I know that he was still alive? No I don Salter said Nytosha was the one who touched Peighton and that he had not physically touched Peighton during his visit. Salter said Nytosha did not appear to be startled or concerned while moving her child. Salter advised Nytosha gently moved Peighton?s head from one side to theother so he could see both bruises. According to Salter, Peighton did not appear to be awake anytime during his visit to Nytosha?s residence. Salter additionally advised he did not take any photographs during his visit to the residence. Salter said, when they were in the room, Nytosha picked up a child?s toy and appeared to begin to offer an explanation, but hesitated and then instead said she did not know what happened. Salter advised DCF had prior involvenients with Nytosha Laforce that started in May 2013. Salter advised it was reported that Nytosha ?fled to New Hampshire with Peighton. Salter advised he believed this incident was reported by Peighton?s father?s probation officer. According to Salter, as a result of this incident, Peighton was taken into custody by New Hampshire Child Protective Services. Peighton was later transferred to Vermont DCF custody and placed with Nytosha?s mother, Patricia Davis. Salter advised Peighton remained in DCF custody until October 2013, at which time Peighton was returned to Nytosha with conditions set by DCF. According to Salter, Nytosha was living at the Lund Family Center in a supervised setting. Salter additionally advised Nytosha moved from the Lund Family Center into an apartment sometime in January of 20l4. Salter advised the DCF case was closed in January 2014. Salter additionally advised he learned from the report received on Wednesday, April 2, 2014, that Tyler had a criminal history involving assaults and burglary. Salter also said that during his visit he observed Tyler to have a ?black eye.? Salter said he questioned Tyler about this injury and Tyler told him he received the injury while boxing with friends. First Search warrant for Nvtosha?s residence 38. 39. On April 4, 2014 at approximately 2300 hrs. I completed a search warrant request for the residence of Nytosha Laforce and the deceased, Peighton Geraw. The search warrant application was reviewed and signed the honorable Judge Arms. As a result of the search warrants execution during the early morning hours of April 5, 2014, ?fteen items were collected and taken into evidence. Item number one was the contents of a small waste basket located under the kitchen sink. The waste basket was found to contain what appeared to be bloody tissues. The tissues were subsequently sent to the Vermont Forensic Crime Laboratory along with a DNA standard from Pei ghton Geraw for comparison. The residence was noted to be exceptionally clean and sparse. Of note were several small impact marks on the main hallway closet door. These marks were measured and photographed. Also noted at the time of the search were a large number of magazine photographs taped to the adult bedroom wall and several photographs taped to the hallway wall and in the child?s bedroom. None of these photographs were removed from the wall. Pei ghton Geraw Autopsy 40. On April 5, 2014 at approximately 1030 hrs. Sgt. Warren and I attended the autopsy of ?Peighton Geraw. Dr. Elizabeth Bundock of the State medical examiner?s of?ce conducted the autopsy. The autopsy revealed that Peighton Geraw had multiple impacts injuries to the top of his head, one impact injury to his forehead, a closed head injury (brain bleed), injuries to the retinal nerves in both eyes, injuries to the neck and a healing lower leg fracture. Dr. Bundock cautioned that the ?nal cause of death would not be determined for several weeks but that the injuries were substantial and were consistent with non- accidental trauma. Ongoing Investigation 41. Beginning April 4, 2014 and continuing forward this investigation focused on locating and interviewing family, friends, medical staff, and potential witnesses. Numerous persons of interest were interviewed by CUSI detectives. Social media sights specifically Facebook were examined and the open Facebook sites of Nytosha Laforce was monitored as was the acebook site of her boyfriend Tyler Chicoine. Preservation letters were sent to Facebook pending the application of a search warrant. Cheryl Katon Interview 42. On April 5, 2014 CUSI Detectives Matthew Sweitzer and I interviewed Cheryl Katon (DOB 7/28/78), a neighbor of Nytosha Laforce and with her pennission I recorded our conversation. Katon advised she lives upstairs and adjacent to Nytosha Laforce?s apartment. I asked Katon what she could tell me about Nytosha and her boyfriend Tyler and immediately Katon commented could hear rhem?ghring all the time.? Nicole and Ann Chicoine?s text messages obtained 43. 44. On April 8, 2014 at 1100 hours Detective Berti again met with Nicole Chicoine and her mother Ann Chicoine. Based upon the previous interviews, Detective Berti asked Nicole if she would consent to have her cellphone examined to retain the text messages received from Nytosha Laforce. Nicole voluntarily agreed to provide her cell phone to Detective Berti for a forensic examination to recover the text messages retained by her phone. Detective Berti brought both Nicole Chicoine and Ann Chicoine to the state forensic laboratory in Waterbury and their cell phones were examined by Forensic Examiner Debora Jasinski. Nicole and Ann Chicoine both signed consent forms for the search of their cell phones. The following are some of the text messages recovered from Nicole Chicoine's cell phone that were made on April 3, 2013. an #famity Read 121 ab H2342810928 (U2) The hospitat called DCF about those bruises on his neck Read coming by my fuking house tomoro at So I don?t wanna took like I 42312014 9:15:42 122 +1 234281 (3928 Read don't have much food stuff I'm faking freaking the fuk outright now Nicole tffamily 4/3/2014 9:15:41 123 +12342810928 Read 4.'3l2014 9:11:48 Hey is there anyway can run me to the grocery store today?? . #7-amity . There are also text messages exchanged between Nicole Chicoine and Nytosha Laforce and her number is identi?ed as 234-281-0928. Nicole advised that Nytosha phone number was not an 802 number because Nytosha?s phone number was assigned by a phone texting app and not a local phone company. Nicole advised that Nytosha had been using that phone number for a considerable period of time. First Interview of Nytosha Laforce 45. On April 8, 2014 Nytosha and Tyler Chicoine came to the Probation and Parole Office to 46. 47. meet with their supervising of?cers. I was made aware of the meeting and I met with Nytosha in the Office of Samuel Santos, her probation officer. Detective Mathew Sweizter was with me and we were dressed in business attire with our firearms and handcuffs covered. I explained to Nytosha that I wished to interview her and complete a standard form used in the investigation of unexplained infant?s deaths. The form is called a Form? which stands for ?Sudden Unexplained Infant Death? and is several pages long and focuses on the child?s surroundings such as bed coverings, environmental hazards, positioning in the infant?s crib, I explained to Nytosha she was not being detained by the police and she did not have to talk with me and could ask me to leave at any time. I informed Nytosha that with her permission I would be recording the interview and she consented to the interview and the recording of the interview. I swore Nytosha in at the beginning of the interview and asked her to only talk about things that were true and she agreed to do so. I asked Nytosha to tell me what happened in the days leading up to Friday, April 4, 2014. Nytosha said that on Monday March 31, 2014 Peighton ?Stopped walking out of the blue but personality wise he was ?ne he was eating and drinking fine and the next day was the same.? Nytosha said on Wednesday, April 2, 2014 Peighton was sick and was vomiting and they brought Peighton to the emergency department and they were there for six hours. Nytosha said she was informed that Peighton was dehydrated and had stomach Nytosha said they went home and kept a close watch on Peighton and kept him well hydrated. Nytosha said the following day Peighton seemed better and he was eating and drinking. Nytosha said that Friday April 4, 2014 they waited for DCF to show up and Peighton seemed ?ne. Nytosha said that shortly before DCF arrived at 1:00pm they laid Peighton down for a nap and when DCF anived they checked on Peighton twice as DCF wanted to see the bruises on his neck. Nytosha told me that both Tyler and she went into Peighton?s room with DCF when they checked on him and Peighton seemed fine. Nytosha added that 10 48. 49. 50. 51. 52. maybe Tyler had not gone in with them the first time to check on Peighton because Tyler had just taken a shower. Nytosha said that maybe ?fteen minutes after the DCF worker left they went and checked on Peighton and found his lips were blue and he wasn?t breathing. I asked Nytosha how she knew Peighton wasn?t breathing and she told me that she observed Peighton?s lips to be blue. Nytosha said as soon as she saw that Peighton?s lips were blue she immediately took him out of the crib and laid him down and checked to see if he had a pulse. Nytosha said she thinks Tyler put his ear to Peighton?s face to check if he was breathing. Nytosha said she was in such a panic she ran out of the apartment screaming for help and if someone knew how to do baby CPR. I asked Nytosha if she or anyone witnessed Peighton stop breathing and she said Nytosha said she checked on Peighton ?every ?fteen minutes? while DCF was there and I asked her how she knew it was every ?fteen minutes and Nytosha said the whole hour DCF was there she was checking her phone and she added it may have not been exactly ?fteen minutes. I asked Nytosha how Peighton was prior to DCF arriving and Nytosha said Peighton was ?Doing awesome.? Nytosha said Peighton had eaten baby oatmeal that morning and then had some saltine crackers with water and he was even laughing. I asked Nytosha when she last touched Peighton and she said it was when the DCF worker was in the room with her. Nytosha said she moved Peighton?s head to the side so the DCF worker could see the bruises on his neck. Nytosha said she also brushed Peighton?s hair back. I asked Nytosha how Peighton felt and Nytosha said ?Normal? and I asked if he was hot or cool and Nytosha began crying and said ?warm I guess I don ?t remember.? I asked Nytosha who called 911 and Nytosha said she did. Nytosha said she was very upset and ended up giving the phone to her friend and neighbor Jason Hill. I then went through a check list of questions that asked about any or behaviors she observed in Peighton seventy two hours prior to his death. The first question asked if Peighton had a fever and Nytosha said that she first noticed Peighton had a fever was on Wednesday April 2, 2014. Nytosha said she couldn?t ?nd her thermometer but said Peighton was ?Burning up?. Nytosha also said that Peighton had been sleeping more than usual and was very weak. I asked if Peighton had been fussy or exhibited excessive crying. Nytosha said with what energy Peighton had he was irritable and he seemed very weak. I then asked if Peighton had been vomiting and Nytosha said that Peighton began vomiting Wednesday morning April 2, 2014. Nytosha described it as ?Projectile puking. Nytosha said this happened two or three times and once on the way to the hospital. I asked Nytosha if Peighton had any breathing problems or seizures and Nytosha said no. Nytosha said she gave Peighton Motrin later that night as directed by the hospital. Nytosha said that Peighton?s temperature went down but he remained ?issy and cried most of the night. Nytosha told me they left the hospital shortly after 8:00 pm and walked back to Winooski with Peighton in his stroller. Nytosha said they met with a Department of Correction Officer on the Winooski Bridge so Tyler could check in as he had an 8:00 pm curfew. I ll asked Nytosha if they returned to her apartment that night or had gone to Tyler?s parents? house. Nytosha seemed confused and said she was unsure where they spent the night. 53. I then asked Nytosha if she had any complications during or after the birth of Peighton. Nytosha said that Pei ghton was born about ?ve weeks early and he was born needing to be weaned off of opiates. I asked Nytosha if she was using any drugs and taking any prescription medications. Nytosha said she was used Buprenorphine during the first half of her pregnancy and methadone during the second half. Nytosha said she was currently taking a daily dose of Buprenorphine at a clinic. Nytosha said the daily dose is given out under controlled circumstances in which the strip is put under your tongue and the staff watch you and wait for it to dissolve. Nytosha also said she smoked about half a pack of cigarettes a day and she admitted to smoking marijuana frequently. 54. I asked Nytosha if she had thought any more about how Peighton got the bruises on his neck and Nytosha said she did not know. Nytosha began to cry and said don ?t know how I missed it.? Detective Sweitzer asked Nytosha when she first noticed the bruise?s on Peighton?s neck and she said think it was a day or two before we brought him to the Detective Sweitzer asked Nytosha when she noticed bruises did she say anything to Tyler about them and Nytosha said Tyler stated ?What the fuck.? Nytosha began crying again and said ?Tyler loved that little boy like his own. Nytosha said that Peighton called Tyler ?Dada. 55. I asked Nytosha what she thought happened to Peighton. Nytosha began crying and said she believed the hospital missed something and she commented that the hospital knew Pei ghton wasn?t vaccinated. Nytosha said that based on how bad Peighton looked that day, the hospital should have not sent him home. Nytosha said ?The hospital should have done way more and they should have took the extra steps and not just taken blood test but run a fucking an MRI and seen if his bones were broke or there were fractures, or who knows what anything. I asked Nytosha if any of those injuries were found where they would have come from. Nytosha at first said she didn?t know but then said the only thing she could think of was when she put his shoes on, but she tried to be gentle. I told Nytosha I remembered when my kids were young and they would kick their feet when they didn?t want to have their boots put on and when they when they didn?t want to get in the stroller they would arch their back. Nytosha agreed with me and said ?yes it was like that.? Nytosha said she was concerned maybe she had done something to Peighton and that?s why he wasn?t walking. Prior to the end of the interview Detective Swietzer asked Nytosha how long she and Tyler had been together and she said it was approximately six months. Tyler Chicoine?s Furlough is revoked 56. After my interview with Nytosha ended, Tyler Chicoine met with his probation officer and Tyler was administered a urine screen for illicit drugs use. Tyler was found to be positive for Buprenorphine and marijuana. Tyler had his furlough revoked and he was placed into DOC custody. Tyler was brought outside of the Burlington Probation office 12 and placed in a vehicle for transport to the ?Correctional Center. According to Probation and Parole Office Samuel Santo?s Nytosha became enraged that Tyler was being taken into custody and she reportedly tried to prevent the transport by blocking the vehicle and she reportedly threw a full soda can at a passerby. Nytosha?s behavior was witnessed by several Probation and Parole staff. Preliminary autopsy report 57. On April 7 Dr. Elizabeth Bundock of the Vermont Chief Medical Examiner?s Office called me to report that the initial medical examinations and the preliminary autopsy ?ndings indicated that Peighton Geraw had suffered a closed head injury, multiple contusions on the top of the head and had a healing leg fracture. However the exact cause and manner of death would not be confirmed for several weeks. Second interview with Nicole Chicoine 58. On April 8, 2014 CUSI Detective Rene Berti conducted a recorded interview with Tyler Chicoine?s sister Nicole Chicoine. Nicole advised that approximately two days before the death of Peighton Geraw she had a discussion with Nytosha Laforce about the impending visit by DCF and Nytosha asked Nicole for her assistance in patching holes in the walls of her apartment. Nicole advised Detective Berti that she went to Nytosha?s apartment and they attempted to patch over several holes in the sheetrock walls but the patching material had dried out and would not work. Nicole Chicoine advised Detective Berti that Nytosha then taped pages from a magazine over the holes to hide the damage. Interview of Dr. Aaron Burly 59. 60. 61. On April 9, 2014 at 1408 hours I conducted an interview with Dr. Aaron Burly, a resident in pediatric medicine at Fletcher Allen Hospital. Dr. Burly said he examined Peighton Geraw on April 2, 2014 and observed the bruises on each side of the child?s neck. Dr. Burly said that due to no explanation being provided by the child?s mother and boyfriend he made a report to DCF. I asked Dr. Burly if Peighton Geraw had any recent medical reports of accidents, injuries, surgeries and was advised that he did not. Dr. Burly advised that they did do a blood test due to the unexplained bruises and the results were negative. Dr. Burly advised he was told that Peighton had stopped walking earlier in the week and Nytosha provided no explanation. Dr. Burly said that Peighton showed no pain response but he did not want to walk and when stood up he would sit and then crawl. I asked Dr. Burly if Nytosha and Tyler were aware of the bruises on Peightorfs neck and did either one of them tell him about the presence of the bruises. Dr. Burly said he was not told about the bruises. Dr. Burly said they told him about a bruise on Peighton?s buttocks which he examined and no bruise was visible. When asked about the neck bruises both Tyler and Nytosha said they weren?t aware of them. 13 62. Dr. Burly told me when he informed Nytosha and Tyler that he would be contacting DCF Tyler got angry and Nytosha was unresponsive. Dr. Burly said he knew that Peighton had been involved with DCF in the past and he told me that Nytosha con?rmed the prior DCF history and she advised that the DCF case had been closed. Nytosha _Laforce has her probation revoked 63. On April 10, 2014 Nytosha Laforce was in a vehicle that was stopped by the Winooski Police Department. A police report listing her as an occupant in the vehicle was ?led. A subsequent Facebook posting and recovered text message indicated that Nytosha and the occupants of the vehicle were under the in?uence of narcotics at the time of the motor vehicle stop. Nytosha failed to disclose the police contact with her probation officer. On April 14, 2014 Nytosha Laforce was placed into a correctional facility after she meet with her probation officer and failed a urine screen for narcotics, specifically cocaine and THC. Interview of Dr. Page Hudson 64. On April 1 1, 2014 at approximately 1804 hours I interviewed Dr. Page Hudson. Dr. Hudson 65. 66. 67. 68. was the Fletcher Allen emergency room physician who supervised the resident that provided care to Peighton Geraw on April 2, 2014. Dr. Hudson advised he also met with the patient, Peighton, and examined him and he advised he did speak with the child?s mother, Nytosha Laforce and the mother?s boyfriend, Tyler Chicoine. Dr. Hudson said he had been told the child had been vomiting for two days and had a fever, was not walking, and was fussy. Dr. Hudson said he was aware the child?s mother did not use a pediatrician and instead used a Naturopath and did not believe in vaccinations. Dr. Hudson said he also knew that the child had been born to an opiate addicted mother and the child had to be weaned off of opiates after birth. Dr. Hudson said he was concerned because the child was not getting regular medical care. Dr. Husdon said that when he examined the child, the child was appropriately active. Dr. Hudson saw the bruises on the child?s neck and was concerned because there was no story. Dr. Husdon said he had never seen bruises like that before and was concern because no explanation for the bruises was provided. Dr. Hudson said he observed the ?black eye? on the mother?s boyfriend, Tyler Chicoine and he asked the boyfriend if he ever struck the child. Dr. Husdon said he got an angry response back and a denial from the boyfriend I asked Dr. Hudson what the treatment plan had been for Peighton. Dr. Hudson told me that the child had been hydrated and normally he would have suggested a follow up appointment with the child?s pediatrician. Dr. Hudson advised that since the child did not have one that factored into his decision to Contact DCF. 14 69. I asked Dr. Husdon if he saw Peighton walk and he said he did not, He did say he ?ranged the child ?s knees and hips and he notice no discomfort. Second Interview with Tvler Chicoine 70. On April 17, 2014 Sgt. Michael Warren and I interviewed Tyler Chicoine at the Northern 71. 72. 73. State Correctional Center. Chicoine voluntarily agreed to an interview that was conducted in the law library. Chicoine was not restrained and was free to leave the library at any time. The interview was recorded with the use of a digital audio recorder. During the interview I advised Chicoine that I knew he had told his probation officer a different story about how he had gotten the black then the story he had given me. Chicoine admitted that he had lied to me about how he got the black eye. Chicoine said he did so because he was worried I would assume he and Nytosha had been in a physical domestic. Chicoine added that he and Nytosha had never fought. As part of the interview I asked Tyler about several Facebook photos of Peighton I had observed on his and Nytosha?s open Facebook pages. Tyler informed me that he didn?t take the pictures with his cell phone but Nytosha used her cell phone to up load the photo?s onto her acebook page he down loaded them from her Facebook page. During the interview I again asked Chicoine how he received the injuries to his hands that I had observed on April 4, 2014. Tyler told me that at Nytosha?s apartment building, located at 264 Mallets Bay Avenue, there is a common basement area where and there is a laundry room and a storage space for each unit. Chicoine said there was a punching bag left there by an unknown tenant. Chicoine told me he received the injuries to his hands while striking the punching bag. James Stanis Second Interview 74. On April 21, 2014 at approximately 0900 hrs. I received a phone call from James Stanis. Stanis told me he had been given Nytosha's cell phone by a friend of Nytosha?s and he had accidentally discovered a text message on Nytosha's phone that concerned him. I asked what that was and Stanis told me that he saw a text message from Nytosha to and unknown person in which Nytosha texted she was upset because Tyler Chicoine had been ?Tormenting Peighton? and that she was mad with herself for choosing Tyler over her son Peighton because of how Tyler treated Peighton. Stanis said he believed the text message was dated March 29, 2014. I instructed Stanis to not look any further into the cell phone. I then asked Stanis if he would meet with me and turn over the phone as I believed the phone was of evidentiary value to my investigation. Stanis agreed to do so and I planned to meet with him outside his residence at 1030 hrs. CUSI detective Dave MacDonough went with me and we met with James Stanis outside his residence. I conducted a brief recorded interview with Stanis regarding what he had informed me over the phone and took Nytosha?s cell phone into evidence pending the application of a search warrant. 15 75. In speaking with Stanis, I also asked him if he was aware of any damage to the walls of Nytosha?s apartment. Stanis told me he went to Nytosha?s apartment on or around April 1 1, 2014 to retrieve photographs to be use in Peighton?s memorial service. Stanis said when he removed a grouping of photographs of Peighton he observed that the photographs covered a large repaired hole in the sheet rock. Stanis said he believed the damage was the a result of a4 fight between Nytosha Laforce and Tyler Chicoine which he said explained Chicoine?s black eye. 76. The location of the photographs Stanis was referring to was located in the hallway directly across from the hallway closet in which damage had been noted during the execution of the April 5, 2014 search warrant. Interview with Mike Property manager for 264 Mallets Bay Avenue 77. On April 21, 2014 at approximately 1 130 hours I spoke by phone with the Mike 78. property manager of 264 Mallets Bay Avenue. advised that each tenant of the building has a storage space in the basement. advised that the storage areas are labeled and locked and they consist of 5 by 8 foot chicken wire and wood construction enclosure. I asked if there was a heavy punching bag in the basement and said there was a free standing punching bag in the basement that belonged to a former tenant. volunteered that he used to box and as such he always punched the bag three or four times every time he stopped by the building. I asked if the bag was worn and rough and if it ever cut his hands. said the bag was a bit worn but it was smooth and it never out his hands. Second search of Nvtosha Laforce?s residence 79. 80. On April 22, 2014 I applied for and obtained a search warrant for Nytosha Laforce?s residence located at 264 Mallets Bat Avenue, apartment in Winooski. The search warrant was signed by the honorable Judge James Cruccetti. The scope of the warrant was to search the residence and storage area for evidence of an assault or recent disturbance and or any attempts to cover up such an assault, such as damage or repaired damage to the sheetrock interior apartment walls, to video record and photograph the interior of the residence and storage area. The warrant was executed on April 22, 2014. Damage to the sheet rock walls and doors was discovered and documented. The property manager, Mike was present and he stated that the damage was not present prior January 8, 2014 which was the day Nytosha Laforce moved in. 16 Search warrant obtained for Nytosha?s cell phone 8l. 82. Based upon the information provided by the examination of Nicole and Ann Chicoine's cell phones and the speci?c text messages described by James Stanis I applied for and obtained a search warrant for Nytosha?s cell on April 23, 2014. The warrant was signed by the honorable Judge Brian Grearson. Nytosha?s phone was subsequently brought to Vermont State Computer crime laboratory for examination. The Vermont State Computer crime laboratory report for Nytosha?s cell phone contained text messages exchanged between Nytosha Laforce and Tyler Chicoine from March 29, 2014. In the text messages Nytosha expressed anger and frustration with Tyler?s anger, damage to her apartment, and his use of Buprenorphine. In one series of text message Nytosha complains to Tyler that he ?Torments? Peighton and she is upset with herself for choosing Tyler over Peighton. Second interview with Nytosha Laforce 832014 Detective Rene Berti and I went to the Chittenden County Correctional Center and met with Nytosha Laforce. We advised Nytosha that we wanted to interview her outside of the Correctional Center and asked her if she would consent to an interview. Nytosha agreed to the interview and she agreed to be interviewed outside of the correctional facility. We advised Nytosha we would conduct the interview at nearby state facility, which was the Williston state Police Barracks. The interview began at approximately 1015 hours. The interview was audio and video recorded. I advised Nytosha of her Miranda rights and she listened to the waiver as I read it and I showed her the Miranda waiver form. Nytosha read the form and signed the waiver and agreed to be interviewed. At the start of the interview I asked Nytosha to speak only about the truth and I had her swear to do that. I advised Nytosha that I had a lot of important questions and important information to give her. I told Nytosha I would try and answer her questions as well. I asked Nytosha to speak honestly about the holes in her apartment walls, Tyler?s black and Peighton?s bruises. I asked her to start at the beginning of her relationship with Tyler. Nytosha said their relationship began in January of 2014 and they met on Facebook. Nytosha said the relationship was good at first but she said Tyler had a temper and ?He would ?ip out over stupid shit, punch holes in the wall, flip over the coffee table, we were only together for two months but a lot happened in those two months. I asked Nytosha about the drug use and when Tyler first started using "Bupes." I asked Nytosha how Tyler got the ?Bupe? and Nytosha said Tyler made her sneak it out of the clinic. Nytosha said the ?Bupe? use by Tyler began in March of 2014 and it became an everyday need for Tyler. 17 88. Nytosha told us the Tyler was extremely jealous and when he got mad he punched holes 89. 90. 91. 92. in the walls and three different times. Nytosha said this happened on multiple occasions. Nytosha said that Tyler never punched her or Peighton. Nytosha said they would talk about his anger and Tyler promised he would change but never did. I asked Nytosha about Tyler?s ?s black and she told me Tyler punched himself in the face. Nytosha said they had argued and she was mad at him and he punched himself. I asked Nytosha if Tyler ever punched her and she said no but that he had pushed her. I asked Nytosha if Tyler ever put his hands around her throat and she got quiet and then said ?Once.? Nytosha said it happened when Ty1er?s sister Nicole Chicoine was over and she witnessed Tyler push her. Nytosha said she grabbed Peighton and hid in the closet. Nytosha said she injured her knee as a result of being pushed into the TV stand. Nytosha showed us a healing laceration on her left knee. I informed Nytosha that Peighton had been found to have a healing lower leg fracture that was about a week old at the times of Peighton?s death. Nytosha began to cry and said knew they missed something. I asked Nytosha to again tell me about the week prior to Peighton?s death. Nytosha had difficulty being sure when Peighton stopped walking but believed it was Monday or Tuesday March 29 or April 1. I asked Nytosha if she went the clinic Monday and she went every day. I asked Nytosha who brought her to the clinic Monday and she said it might have been Michael Peet but she wasn?t sure. Nytosha said that Tyler would have been at her apartment sleeping and watching Pei ghton. I pointed out the Tyler had curfew and was not supposed to spend the night at her apartment. Nytosha said Tyler would leave his parent?s house after SU checked and he would spend the night at her house. Nytosha said she didn?t remember what she did on Tuesday April 1, 2014 but remembered she went to downtown Burlington on Wednesday April 2, 2014. Nytosha said she remembered meeting her friend Raelyn Parizo on Church Street. Nytosha said they discussed Peighton being ill and she decided to take Peighton to the Fletcher Allen Emergency Department. I informed Nytosha of the results of Peighton?s autopsy and that Peighton?s death had been ruled a homicide. I explained to Nytosha that this was a homicide investigation and it appeared Peighton had been shaken with enough force to cause his death. I told Nytosha that Peighton?s life had been taken with human hands. Nytosha began to hyperventilate and scream ?No no no.? and cry. Nytosha screamed ?I?ll gonna kill him. and she continued to scream and cry. Nytosha said through sobs ?m the worst mother, I should have known.? Nytosha said she wanted to believe the hospital missed something. I told Nytosha that the doctors said what happened to Peighton took place late Thursday night April 3, 2014 or up to before the DCF visit on Friday April 4, 2014. Nytosha asked me ?If Peighton su?fered? and I gently pointed out she saw Peighton several times Friday morning and she had told us she did not notice he was in distress until after DCF left. Nytosha said no one else was around Peighton and she had asked Tyler 18 93. 94. 95. about the bruises on Peighton?s neck and he had said he didn?t know how they got there. We told Nytosha that we would be interviewing Tyler soon and we asked her what we she say to him and she said to ?tell him to tell the truth. Nytosha said she believed Tyler did it was because he was ?sel?sh? and ?his stupid temper, punching holes in the walls. After Nytosha calmed down I asked her to tell melagain about Friday April 4, 2014. Nytosha told me that Peighton appeared better Friday and he was moving around and pulling himself up to stand. I asked Nytosha if she had ever seen Tyler hurt Peighton and she said she had not but she said there were times Tyler was alone with Peighton. I told Nytosha based upon what the doctors had told me I was very concerned about Friday morning April 4, 2014. I told Nytosha that we had talked with Tyler and he told us about how Friday morning went I asked Nytosha about the bloody tissues found during the search warrant. Nytosha said that Peighton may have bit his tongue Friday morning and she noticed the blood while they were feeding him. I asked Nytosha how she knew that and she said Tyler told her that. I asked Nytosha who wiped up the blood and Nytosha said they both did. It seemed unusual that together they wiped up the blood and I asked Nytosha again which one of them blotted up the blood on Peighton?s mouth. Nytosha said she didn?t know. I asked Nytosha how it was she didn?t know and she said she wasn?t sure. Third Interview with Tyler Chicoine and polygraph 96. 97. 98. On May 2, 2014 Sgt. Michael Warren and I went to the Newport Correctional Facility in an attempt to interview Tyler Chicoine and to offer him the opportunity of taking a polygraph examination. In the days leading up to our interview request we arranged for members of the Vermont State Police polygraph unit to be at the Vermont State Police Derby barracks to be ready to conduct the polygraph examination if Tyler consented to take the exam. We also obtained permission for the Vermont Department of Correction to transport Tyler to and from the Northwest Correctional facility and to authorize the removal of all restraints during the time he was at the Derby Barracks. At approximately 1030 hours we met with Tyler and explained that we wished to interview him away from the correctional facility but only if he consented to do so. We explained he would be moved by DOC personnel to the Vermont State Police Derby Barracks and could be returned immediately if he so choose. Our meeting with Tyler was recorded and no threats or promises were made to him but in full disclosure we did tell Tyler we would provide him lunch if necessary. At 1110 hours Tyler arrived at the Vermont State Police, referred to hereafter at VSP, barracks in Derby. The interview was conducted in an unlocked interview room and was audio and video recorded. All the Detectives who spoke with Tyler were dressed in business attire with their firearms and handcuffs covered. Tyler had all restraints removed from his person for the duration of the interview. Tyler was allowed to use the bathroom and get water whenever he wanted during the interview process. 19 99. I began the interview by reading Tyler his Miranda rights from a printed form which listed those rights. I then asked Tyler if he understood all of his Miranda rights which he said he did. Tyler read the waiver form and agreed to waive his Miranda rights and he signed the waiver form and agreed to talk with me. 100.1 then swore Tyler in and asked ?him that everything we spoke about be the truth and he agreed to do so. I explained to Tyler that this was a very serious investigation and I understood he might be hesitant to talk about minor issues such as violating his curfew or drug use. I told Tyler I knew he had not been honest with me about how he got the black and I was aware of the holes in the walls in Nytosha?s apartment. I told Tyler that I knew his statement that he and Nytosha never fought was not accurate but we were now past these issues and he needed to put those concerns aside and be honest with me and he said he understood. 101. I asked Tyler if there was anything he wanted to now tell me. Tyler told me he was aware he had an anger management problem and said ?little stu?f stupid shit would set me and admitted to punching the holes in the wall. Tyler admitted the wounds on his knuckles that I observed on April 4, 2014 were the result of punching walls but he also said he did use the punching bag in the basement but admitted it was hard to run downstairs when he got angry. Tyler agreed with me when I said punching walls was better than punching people. l02.I asked Tyler how he dealt with his anger and he told me he smoked marijuana and it calmed him down. I asked Tyler what it took to get him angry and he admitted he had a ?Short fuse? and can go ?om zero to sixty in a second I asked Tyler about the black and he again told me he got elbowed in the by Nytosha. 103. I informed Tyler that Peighton was found to have a lower leg fracture that was healing at the time of his death and I asked what he could tell me about that. Tyler said that Peighton would when he put his shoes on and was placed in his stroller but he could offer no explanation for Peighton?s injuries. 104. I then asked about the days and hours leading up to the death of Peighton on April 4, 2014. Tyler was able to provide a consistent time line of events from March 29, 2014 up to April 4, 2014. Tyler told me that he, Nytosha and Peighton spent Saturday night March 29 at his parent?s house and nothing of note happened to Peighton while there. Tyler said the following day after Nytosha got back from the clinic they walked to Nytosha?s apartment. Tyler said that Sunday March 30, 2014 was spent at Nytosha?s apartment. Tyler admitted they smoked marijuana that day. I asked Tyler about the sharing of domestic duties and Tyler said he didn?t cook but would help out with cleaning and watching Peighton. I asked Tyler what time Peighton went to bed and he said it was around 7:30 pm and Peighton usually slept through the night. Tyler said Peighton?s nap times were not set. Tyler said he o?en got Peighton up in the morning because Nytosha went to the clinic in the morning. 20 105.Ty1er said it was Monday April 1, 2014 when Peighton stopped walking but he was still healthy. Tyler told me that Monday through Friday Nytosha would go to the clinic in the morning and he would watch Peighton. Tyler admitted he didn?t like changing Peighton?s diapers when they contained stool. 106. I asked Tyler if he remembered taking a trip to the economic services office located on Pearl 1 Street during the week before Peighton died. Tyler said he did and it was on Wednesday because that was the day they later brought Peighton to the hospital. I asked Tyler whose decision it was to take Peighton to the hospital and he told me it was Nytosha?s. I asked Tyler if they ran into any friends while downtown Wednesday and Tyler said they saw a friend of Nytosha?s named Raelyn, this was later con?rmed to be Raelyn Parizo (DOB 04/29/92). Tyler said it was Raelyn and Nytosha who discussed and ultimately decided that Peighton should be brought to the hospital. 107.1 later conducted a recorded interview with Raelyn Parizo and she con?rmed she had met with Nytosha, Tyler, and Peighton on the afternoon of April 2, 2014. Raelyn said she met them on Church Street and noticed right away Peighton was very pale and appeared sick. Raelyn said that Peighton ?had the look of death about him.? Raelyn said she has known Nytosha a long time and she would usually listen to her advice.? Raelyn told me she basically had to threaten Nytosha with assault to get her to take Peighton to Fletcher Allen. 108.Tyler said when they left the ER. his mother had called him to tell him FSU was at the house and they were looking for him because it was after 8 pm. Tyler said that FSU met with them by the Winooski bridge and when they saw the hospital paperwork they were satis?ed he was in compliance. Tyler said that they spent the night at his parents? house. 109. Tyler said that Thursday morning Nytosha went to the clinic and when she returned they walked to Nytosha?s apartment. I asked Tyler how Peighton was Thursday and Tyler said Peighton slept a lot Thursday and he was still low on energy. I asked Tyler if anybody stopped by Thursday and Tyler said that Raelyn Parizo came by for a visit. Tyler said he remembered that DCF called Thursday and the appointment was made for Friday at 1:00pm. I asked Tyler how Thursday night was and Tyler said he didn?t think they ate dinner but they stayed up late watching moVie?s and Nytosha checked on Peighton several times during the night but Peighton slept through most of the night. 110.1 asked Tyler to tell me about Friday, April 4, 2014. Tyler said that Friday was Peighton?s best day since Wednesday. Tyler said Nytosha went to the clinic Friday morning but he does not know who took Nytosha to the clinic. Tyler said he got Peighton up, gave Peighton a bath changed his diaper. He fed Pei ghton baby crackers and water While Nytosha was away. Tyler said that Peighton did throw up that morning but he was laughing and his color was back. 21 111.1 asked Tyler what they did to get ready for the visit by DCF. Tyler said was checking on Peighton constantly and making Sure he was ok, I was paranoid I wanted to make sure he was good.? 112.1 asked Tyler what Nytosha was doing when she got back ?*om the clinic. Tyler said that Nytosha gave Pei ghton some formula and then Peighton was put down for a nap. Tyler said that Nytosha showered and then he showered. Tyler said it was around 12:30 pm when they put Peighton down for a nap. Tyler said that the DCF worker arrived shortly after that and he spoke with them and looked at Peighton two or three times. 113.1 asked Tyler how long Nytosha spent in the shower and Tyler said about twenty minutes and another fifteen minutes putting on makeup. Tyler said that while Nytosha is in the bathroom, Peighton was in his crib and Tyler said he was watching TV. Tyler said that when Nytosha got out of the bathroom she watched Peighton while he was in the bathroom. 114. Tyler said he was still in a towel when DCF arrived and he said he was in the kitchen getting something to drink when the DCF worker arrived. 115.1 then asked Tyler about the bloody tissues we found in the waste basket under the sink. Tyler said that on Friday morning after Nytosha returned they were both sitting on the ?oor with Peighton and they were feeding him and he vomited and some blood came up with the vomit. Tyler said he thought Peighton had bit his tongue but he wasn?t sure where the blood came from. Tyler said it happened again when Peighton was in his crib and they caught the vomit in a cardboard catch basin they had brought with them from Wednesday hospital visit. Tyler said that the second time Peighton vomited no blood came up. Tyler said they gave Peighton some water and put him back in his crib. (This cardboard catch basin was secured as item #8 during the search warrant executed April 5, 2014) 116. We then stopped for lunch but continued making small talk while we ate. After lunch we continued the interview. I spoke with Tyler about the fact he had his furlough revoked because he failed a urine screen and was positive for Buprenorphine and marijuana. I told Tyler that I didn?t believe it was the very ?rst time he had used Buprenorphine and I asked him to be honest with me about his drug use. Tyler said it happened a few times and he said he didn?t inject the drug but put it under his tongue. I told Tyler I had information that Nytosha would save her dose a?er she left the clinic and share it with him. Tyler admitted he would ask Nytosha to save some of her dose for him and she agreed to do so. I challenged Tyler that I believed he injected the Buprenorphine and pointed out we had found IV drug needles in Nytosha?s apartment and in the basement but he denied that he used needles. I then asked Tyler how he was able to spend so much time at Nytosha?s since he had a curfew and he was supposed to spend his nights at his parents? house. Tyler admitted that FSU didn?t check after 11:00 pm and his parents knew he violated curfew but they would not turn him in. I asked Tyler if when he was angry and arguing with Nytosha did Peighton ever get between the two of them and somehow was hurt accidentally and Tyler said no. 22 117. After approximately three hours we ended our interview and I explained to Tyler that we wanted to offer him a polygraph to establish what he had just told us was the truth. Tyler agreed to take the polygraph examination. I introduced Tyler to VSP Detective Trooper Samuel Truex. Polygraph examination and follow up interview Detective Trooper Samuel Truex began the introductory process and I exited the room. Tyler was again offered his Miranda rights and he again waived his Miranda rights and agreed to the polygraph examination. The polygraph examination took approximately two hours. 119. Detective Trooper Sergeant Ed Twohig, Lieutenant Trooper Lance Burnham and CUSI detective Dave MacDonough along with Detective Sargent Michael Warren and I watched the polygraph from a separate room. l20.The results of Tyler?s polygraph were scored and his results were characterized as ?No opinion. 121. It was explained to me that a no opinion result was indicative of deception and that Tyler had not passed his polygraph but neither had he completely failed the examination. 122. VSP Detective Trooper Samuel Truex met with Tyler and explained to him that he had not been completely honest and had failed his examination. Tyler was told that we knew about the hole in walls and that he caused them. He also told Tyler his own sister witnessed him and Nytosha argue and he was witnessed pushing Nytosha down causing injury to Nytosha?s knee. 123. Detective Truex confronted Tyler that he believed he knew much more that than he was telling us. Tyler denied ever hurting Peighton and said he would never admit to something he didn?t do. Tyler said he loved Peighton and was adamant he did nothing to hurt Peighton. Tyler asked if he was the ?number one suspect.? 124. Detective Truex told Tyler that the medical evidence was clear that Peighton had been subjected to a violent shaking act. Tyler said ?It was not me, especially not a little fucking kid? Tyler said he would never do such a thing. 125. Detective Truex asked Tyler how the drugs he took affected him. Tyler said they calmed him down Detective Truex told him that Nytosha had said he acted aggressively when he took Buprenorphine. We told Tyler that Nytosha had said he ?acts like a dick when he ?s on Bupes. 126. Detective Truex told Tyler that if he didn?t hurt Peighton what had happened to him and what did he know. Tyler answered saying he wasn?t going to admit to something he didn?t 23 do. Tyler said ?I?m not the reason Peighton "5 dead?. Tyler then said ?What do you want me to tell you? and Det. Truex told Tyler to start with the incident when he pushed Nytosha. Tyler then admitted he had argued with Nytosha and pushed her and she fell into the table and cut her knee. Tyler admitted his sister Nicole was there and witnessed the incident. Tyler said that Peighton was in the other room and was not involved. We told Tyler that Nytosha said she ?ed into the hallway closet with Peighton to get away from him. Tyler was adamant that Peighton had been in ?another room during the pushing incident and that part of the story was a lie. Tyler also admitted to arguing with Nytosha outside her apartment on more than one occasion and that while outside he did grab her in an attempt to get her to come back inside. 127. Detective Truex asked Tyler to now be honest about his relationship with Nytosha and his drug use. Det. Truex. confronted Tyler with the information that Nytosha said she injected him with Buprenorphine. Tyler admitted that he had injected Buprenorphine but he said it was only a couple of times. Tyler said that Nytosha would tie up his arm and inject him with the Buprenorphine. Det. Truex asked Tyler why he lied about the drug use and Tyler said he was embarrassed to admit he injected drugs. 128. Detective Truex asked Tyler about how Nytosha dealt with Peighton when she was angry or high. Tyler said there were two or three times he saw Nytosha push Peighton in the forehead and knock him down. Tyler said he confronted Nytosha when it happened and told her not to do that. Tyler said he could not remember the date it happened but it happened several weeks before Peighton died. Tyler said that Peighton would cry as a result and he would pick Peighton up and console him. l29.Detective Truex asked Tyler if he saw Nytosha display any other behaviors around Peighton that concerned him. Tyler said Nytosha also had a temper and there were times when Peighton would not stop crying and Nytosha would get mad and start yelling and screaming at Peighton. Tyler said he would tell her to stop because ?He?s just a baby.? Tyler said it would happen late at night after Peighton would not stop crying. Tyler described one incident where Nytosha got so mad ?she put her hands on Peighton and I had to intervene and stop her. Tyler said that Nytosha would sometimes yell at Peighton saying ?shut the fuck up and go to sleep 130. Detective Truex asked Tyler if he ever witnessed Nytosha shake Peighton and Tyler said ?Yeah I guess, I saw her do some fucked up shit, like the times she pushed him and there were times she slapped his hand really hard. Det. Truex asked Tyler what else he saw and Tyler thought for a minute and said there were several times Nytosha would push Peighton over with her foot. Tyler said that Pei ghton would cry as a result and there would be small red marks on his belly as a result. Tyler said this happened several times in March of2014. l3l.Detective Truex told Tyler that something physically happened to Peighton and we needed to ?gure it out. Tyler again said he didn?t know. Det. Truex said he understood why Tyler had withheld information before but we needed to get past that. Tyler said he 24 remembered that Nytosha had Peighton in the bathtub and he heard a loud bang but didn?t know what exactly happened. Tyler said he remembered this was after Peighton had stopped walking so he thought it was Monday or Tuesday of the week before Peighton died. Tyler said that he found Peighton alone in the bathroom and Nytosha was in the Kitchen. Tyler said that Peighton was lying on the ?oor and was whining. Tyler said he picked up Peighton and drained the tub and got Peighton dressed. Det. Truex asked Tyler why he was just now telling him about this incident. Tyler said he didn?t mean to withhold this information and said ?It was just things have been so hectic since Peighton died. 132.1 then joined the interview. I told Tyler that I appreciated all he had done today. I then described Peighton?s injuries to Tyler. I told Tyler I had attended his autopsy and while I didn?t want to go into detail I told him that Peighton had numerous impacts marks on the top of his head and his entire neck vertebra were damaged. I told Tyler that ?Shaken baby? can mean different things and a child could have been shaken or swung or impacted after being thrown. I told Tyler that Peighton sustained severe injury to his neck and as a result he suffocated and the injuries appeared to have happened Friday. 133.1 confronted Tyler with the fact that the one thing I had learned about him since the start of the investigation was that he was a liar. I told Tyler he had lied continual to me since the start of the investigation. I also confronted Tyler with my observation that since Peighton died he had yet to show any remorse that I had not seen him cry once. I confronted Tyler with the fact that he himself admitted he was a violent person and he told me go ?rom zero to sixty with the flip of a switch. I asked Tyler to look at it from my perspective as the investigator into the death of a fourteen month old child and all the lies he had told and the information I had pointed to him as the main suspect in Peighton?s death. 134.1 then said to Tyler that Nytosha had told me that on the day he had punched the holes in her apartment walls she had told him she was done with him and to get out. I told Tyler that Nytosha said he had gotten so upset that you punched yourself in the eye. I asked Tyler if this was true and Tyler said ?it could be. I told Tyler I understood that he loved Nytosha and didn?t want to lose her so maybe hurting himself would gain her sympathy. Tyler said he didn?t remember doing it, but that it could have happened the way Nytosha said it did. 135.1 then told Tyler that through the monitoring of jail phone calls, I knew he was extremely jealous and that when he spoke with Nytosha he demanded to know if she was cheating on him. I then asked Tyler what he thought should happen to the person who did this and he responded by saying he didn?t do this. I asked him again what should happen and he couldn?t answer me. Tyler said something should happen but again said didn do it. 136.1 told Tyler I was very concerned about his role in the death of Peighton and that he had lied to me since the first day about a great many things. I tried to impress upon Tyler that lying in a homicide investigation was not a good thing. I told Tyler I heard him on a recorded jail phone call begging Nytosha to try and sneak ?Bupes? into the jail. I told 25 Tyler that did not sound like a person who claimed not to be addicted to Buprenorphine. 137.l told Tyler that the longer we talked, the more he slowly shared the truth with us. I reminded Tyler of the text messages in which he commented that he didn?t know if he was ever going to get out of jail and that he belonged in jail. I told Tyler that the fact pattern pointed to him as the one most likely to have hurt Peighton. Tyler again denied hurting Peighton. I told Tyler that he was the number one suspect in the death of Peighton and the I question in my mind was ?did he do it accidentally or was he a stone cold killer who didn ?t want Geraw ?s kid but wanted he own child with Nytosha. 138.1 then told Tyler that the only thing I knew for sure as that he was a liar and had a hair trigger temper and was extremely jealous. Tyler continued to say he was not the one who killed Peighton. Det. Truex and I then questioned Tyler about what happened Friday morning because if he didn?t do it he had to know who did. Tyler continued to say he didn?t do it but then he paused and as I sat just several feet away ?orn him I could see he appeared to be thinking and hesitating in trying to say something. 139. Det. Truex told Tyler he would feel much better if he got whatever he was holding back out and we could see him struggling to tell us something. Tyler kept saying that he didn?t kill Peighton but I told him I didn?t believe him and I needed to hear from him what happened. Det. Truex told Tyler he needed to add the last piece of the puzzle and he would feel so much better. I told Tyler that I understood he loved Nytosha and wanted to be with her but he needed to know she had been seen out with her neighbor and others while he was sitting in jail. I told Tyler that I knew he wanted us to ?nd out what happened. I pointed out this out by saying to him ?Who would sit here for as long as he has today and who would put up with a polygraph they didn ?t want us to ?nd the truth.? 140. Tyler continued to say he didn?t do it. I told Tyler I was offering him a chance to tell the truth and that I was walking out shortly as had I decisions to make. Det. Truex asked Tyler if it was an accident or on purpose and Tyler answered saying am not sure, she was high I don ?t know what she was on, Peighton was crying and obviously aggravating her. 14l.Det. Truex told Tyler he was doing the right thing and then he asked Tyler if this was Thursday or Friday and Tyler said ?Friday afternoon Det. Truex asked if this was before DCF got there and he ?Yes?. Tyler said it happened in the living room. Det. Truex asked Tyler to tell us what he saw Nytosha do. Tyler said he came out of the bathroom and Nytosha had Peighton down on the ?oor (Tyler used his hands to demonstrate Nytosha shaking Peighton and banging his head on the ?oor) and she was cursing. 142. Det. Truex asked Tyler what time this happened and Tyler said it happened around noon or a little after. Det. Truex said to Tyler that since DCF was due shortly this was not a planned event was it. Tyler said didn?t know if it was accidental but Nytosha was obviously frustrated with Peighton ?s crying. Tyler said Nytosha never said she was going to do what she did. 26 l43.Tyler said that when he came out of the shower he pushed Nytosha off of Peighton and grabbed Peighton. Tyler said he held Peighton for a little while and he said thought he was good so I put him back in his crib and put a bottle in there, apparently he weren ?t good. I asked Tyler what Nytosha?s reaction was to what happened. Tyler said ?she didn ?t react much, I don ?t know what she was on. 144.1 asked Tyler if he would use a doll I had brought to recreate what he saw Nytosha do to Peighton and he agreed to do so. I brought a CPR infant doll into the interview room and asked Tyler to show us what he saw Nytosha do to Peighton. Tyler stood up and bent over and used both hands to grab the doll around the upper arms and armpits then he forcefully shook the doll and banged its head off of the ?oor. Tyler again said when he came out of the bathroom Nytosha was in the process of shaking Peighton and slamming his head on the living room ?oor. The recreation was captured on video. 145. Tyler said that Peighton was ?whining and limp almost but you could tell he still had li?a le?? in him. I asked Tyler what Nytosha was saying and Tyler said ?Nothing, I don ?t know what she was on, as far as I know all we had done was smoke a little weed I asked Tyler if he had used Buprenorphine that morning and he said he had not. Tyler said he knew DCF was coming and he just smoked marijuana that morning. I asked Tyler again how he could tell if Peighton was ok and he said he just held Peighton for ?ve minutes and said could tell he had life in him and he was breathing so I put him in his crib. We asked Tyler if he discussed what happened with Nytosha and Tyler said they didn?t talk about what had just happened, they just got ready for the visit from DCF. 146. I asked Tyler again if he said anything and Tyler said that when he pushed Nytosha away from Peighton he said ?what the fuck are you doing? and he told me Nytosha said ?Ahh fucking don ?t worry he wouldn ?t shut the fuck up? Tyler said he told Nytosha He ?s a fucking baby what do you mean. 147. Tyler said ?It was the craziest thing he had ever seen Nytosha do, she was de?nitely on something, it wasn ?t just weed.? I asked Tyler if he knew what drugs had been found in Nytosha?s system when she failed the urine analysis on April 14, 2014. Tyler said that Nytosha had told him she had ?Pissed dirty for weed coke opiates and bupes. I asked Tyler if he knew where she got the drugs and Tyler said he didn?t know and he reminded me he was in jail and had been since April 8, 2014. I asked Tyler if he knew if Nytosha had been mixing those drugs before and said he wasn?t sure but he added he had never seen Nytosha that ?crazy and violent before. 148.Det. Truex told Tyler that this made sense now and explained why he didn?t pass the polygraph test completely. Det. Truex asked Tyler the reason he kept all this information to himself for so long and Tyler said love her but I ?m not going down for something I didn ?t do. We then wrapped up the interview and Tyler was transported back to the Northwest Correctional center 27 Third interview with Nytosha and polygraph 149. On Monday May 5, 2014 plans were put in place to meet with Nytosha Laforce at the Chittenden County Correction al Center on the morning of May 6, 2014 and ask Nytosha if she would consent to another interview off site and offer a polygraph examination. 150. On Tuesday May 6, 2014 at approximately 0845 hours I was contacted by Detective Lieutenant Trooper Lance Burnham and advised that a DOC transport vehicle had just brought Nytosha Laforce to the Williston State Police Barracks. I went directly to the Williston VSP Barracks and CUSI detective Rene Berti accompanied me. We both met with Nytosha and explained that it was not our intention for her to have been brought to the Williston VSP barrack without her consent and if she wanted to she could be immediately returned. We explained to Nytosha our intention had been to meet with her as before and ask for her consent for an offsite interview. Nytosha said she understood and consented to being interviewed. This initial conversation was recorded. 151. The interview was conducted in an unlocked interview room. Detective Rene Berti and I conducted the interview. Nytosha was free of all restraints and the investigators that spoke with Nytosha were dressed in business attire with their ?rearm and handcuffs covered. I read Nytosha a Miranda waiver and she waived her Miranda rights and read and signed the waiver form. 152.1 asked Nytosha how she had been and she said it had been hard. I explained that I wanted to have a follow up conversation with her and go over some more details. 153. We then began the interview by trying to go over her activities on Friday April 4, 2014. I asked Nytosha who brought her to the clinic that morning. Nytosha said she believed it was either Shauna Simpson, or Michael Peet but she could not be sure. At this point in the investigation Michael Peet had been interviewed and based upon his statement it was believed he had brought Nytosha to the clinic on Friday April 4, 2014. 154.1 then asked Nytosha about her trip to the clinic and she told me in general how the clinic worked and that they sometimes do a urine screen. I asked Nytosha to tell me speci?cally about her visit to the clinic on Friday April 4, 2014. I asked Nytosha if she had done a urine screen done on Friday April 4, 2014 and she said she wasn?t sure. I told Nytosha that it was my understanding if a patient failed a urine screen it was not reported, so I wasn?t sure what the point Was. Nytosha said that it was used to council patients and not to punish them. 155. I asked Nytosha if she could remember how long the line was and Nytosha said it was short. I asked Nytosha if she remembered if her ride came in with her and she said she didn?t remember but she said really want to say it was Shucma?. I asked Nytosha how she snuck out her dose to share with Tyler. Nytosha said she kept it under tongue and then put it in cigarette package cellophane. 28 156.1 commented that with DCF due at her apartment that day she must have had a lot to do. Nytosha said she did. I asked if Peighton was up when she got back ?om the clinic and Nytosha said she didn?t remember. I asked Nytosha to tell me what she did remember about Friday morning. Nytosha said she remembered mixing up Tyler?s dose in the bedroom and giving it to him. I asked Nytosha if Tyler ever just placed the ?Bupe? under his tongue or did he always inject it. Nytosha said Tyler always injected it. I asked if she remembered the first time Tyler injected Bupe and Nytosha said it was in March after a day she missed" going to the clinic. Nytosha said her friend and neighbor Dave Dennis came over to her apartment to help her because he knew Nytosha would be sick after missing her appointment. Nytosha said that Davis had set up three syringes of ?Bupe and Tyler asked for one and after that he began using almost daily. 157. We then continued on with Friday April 4, 2014. I asked Nytosha to tell me what happened after she gave Tyler his dose. Nytosha?s started by saying she didn?t know for sure but she thought she showered and then cleaned the apartment. I asked Nytosha if Peighton was up when she got back from the clinic and Nytosha said want to say his room. I asked if Peighton was up and making noise. Nytosha said she wasn?t sure. I asked her who got Peighton out of his crib and Nytosha said again I want to say I did I pointed out to Nytosha she was prefacing her answers with want to say? that to me meant she did not know the answer to the question. Nytosha said she was ?99 percent sure? she got Peighton up and she knew Tyler would not change Peighton?s diaper if there had been stool in it. Nytosha told me she remembered giving Peighton water with an oral syringe that morning and that she got him up when she got back from the clinic. 158.1 asked Nytosha if Peighton was still sick on Friday and Nytosha said Peighton was much improved. Nytosha said Peighton was moving and talking and while he was not completely better it was his best day that week. 159.Nytosha continued to use the same expression when answering my questions about her activities Friday morning. Nytosha then said want to say I gave Peightorz the water before I showered. 160.1 asked Nytosha where Peighton was when she took a shower. Nytosha said Peighton was with Tyler. Nytosha said she spent about an hour in the bathroom as she showered and put makeup on. I knew from my investigation that Nytosha often used a lot of makeup and I asked her if Friday was a light makeup day or a heavy makeup day and she said it was a light make up day. I asked if the bathroom door was open or closed and she said it was closed. I asked Nytosha what happened after she was done in the bathroom and she said she cleaned and vacuumed the apartment and then did the dish?s, swept, mopped, and dusted. I asked Nytosha if she ?nally got to go shopping Friday and she said Nicole Chicoine never took her so she did not get to the store before the DCF visit. 161.1 asked how long it took her clean the apartment and said it took approximately two hours. I asked Nytosha what Tyler did with Peighton while she cleaned. Nytosha said that Tyler gave Peighton a bath after she was done in the shower. Nytosha said Tyler did it without asking 29 which she said was unusual but she said maybe he was just trying to be helpful. I asked Nytosha when it was that Peighton vomited that morning. Nytosha said she thought it was before his bath and after they gave him water and crackers. 162. Nytosha said that Peighton ate baby oatmeal and crackers that morning. Nytosha said that Tyler laid Peighton down for a nap and then Tyler took a shower. I asked Nytosha what time this was and she said it was around 12:45 pm. I asked Nytosha if Peighton wanted to go down for his nap or was he fussy and Nytosha said he went down for his nap. 163. Nytosha told me that Tyler was in the shower when DCF arrived. Nytosha said she and the DCF worker made their first check on Peighton while Tyler was still in the shower. I said that the DCF worker told me he remembered that Tyler was still in a towel when he arrived. I asked Nytosha when Tyler got dressed. Nytosha again said want to say it was before the second time DCF checked on Peighton.? I asked Nytosha if Tyler had a conversation with the DCF worker wearing only a towel and she said she ?didn ?r think 50.? 164.1 asked Nytosha who answered the door when the DCF worker arrived and Nytosha said she did. I asked Nytosha where Tyler was when she opened the door and she said Tyler was still in the bathroom. 165. Nytosha said she sat with the DCF worker in the living room and talked about Peighton and then checked on Peighton. Nytosha said that Tyler was still in the bathroom the first time they checked on Peighton. Nytosha said that the DCF worked asked to see Peighton a second time and she went with him into Peighton?s room and Tyler did not go in with them. 166.1 asked Nytosha how long it was after the DCF worker left that she checked on Peighton and she said ?As soon as he I asked Nytosha why she did so and she said it was just to check on him. I asked Nytosha if she felt anything was wrong with Peighton during the two times she checked on him and she said 167.1 then asked Detective Rene Berti if she had any question. Detective Berti asked Nytosha where Tyler was with Peighton while she was cleaning her apartment. Nytosha said Tyler was in Peighton?s room with Peighton. 168.1 then explained to Nytosha that this was a very serious case and we wanted to use all available tools to ?gure out what happened to Peighton. I explained it was important to exclude people from our investigations as well as focus our energies where they needed to be. I offered Nytosha the chance to take a polygraph examination if she so chose and advised her I had a polygraph examiner standing by. Nytosha said she was willing to take the polygraph examination. 169. We took a short break. Nytosha was provided snacks, a coffee drink, pizza for lunch and several cigarette breaks during the course of the interview. 30 Nvtosha?s Polygraph examination 170. Detective Sergeant Jason Rogers administered the polygraph examination to Nytosha. The examination took approximately three and a half hours. The results of Nytosha?s polygraph were scored and her results were characterized as ?Failed? It was explained to me that Nytosha failed? the polygraph and the test indicated she was not truthful when asked if she was responsible for causing the upper body injuries to her son Peighton and her response was ?No each time she answered. 171. Detective Sergeant Jason Rogers informed Nytosha of the polygraph results, telling her she failed the examination. Det. Rogers then spoke at length with Nytosha asking her why she was not honest and what it was she was not telling him. Nytosha said the only thing she could think of was the reported bruise on Peighton?s buttock but she denied not being honest. Det. Rogers asked Nytosha if she believed the test administered to her today was fair and she said it was. 172. Det. Jason Rogers told Nytosha he believed she was not being honest and she was responsible for Peighton?s injuries. Nytosha said she never hurt Peighton ?Not once? she claimed. Det. Rogers pointed out to Nytosha she was leaving gaps in her story and that her behavior was very concerning because it could be she was just forget?ll or was being deceptive. Nytosha said never laid a ?nger on him not ever, ever. 173. Det. Jason Rogers asked Nytosha if she ever took a parenting class and Nytosha said she successfully graduated the LUND program in half the normal amount of time and took several parenting classes. Det. Rogers asked Nytosha how she got from being a success at the LUND program to what happened to Peighton on April 4, 2014. Nytosha said she didn?t know. Det. Rogers said to Nytosha that she had to know what happened. Nytosha said she didn?t know but she said ?Tyler did it.? Det. Rogers asked Nytosha ?What did Tyler do? and Nytosha said hey said Shaken Baby 174. Det. Rogers asked Nytosha what she thought killed Peighton and he added it was not a missed vaccination or something the hospital missed but that someone physically killed Peighton. Nytosha said ?Tyler did it, he was alone with Peighton and I was doing everything else, he was alone with Peighton and Peighton didn ?t even like being around him. Nytosha said that Peighton would scream when she left the room and Tyler was alone with Peighton. 175. Det. Rogers asked why she would leave Peighton with Tyler if that was the case and Nytosha said she ?Trusted Tyler.? Det. Rogers then said to Nytosha she trusted the welfare of her child with a man she had been in a relationship with for only two months. Nytosha began to cry and said ?Yes? and Det. Rogers asked Nytosha to tell him what really happened. 176. Nytosha said she didn?t see anything. Nytosha said that Tyler was the only other person there and she didn?t see anything. Det. Rogers asked Nytosha when she thought it happened and she said it must have been Friday because Peighton was better Friday ?He was talking 31 and eating and starting walking again Friday, he was over his sickness. 177. Det. Roger?s told Nytosha that Tyler had taken a polygraph test and he had told the investigators that when he came out of the bathroom Friday April 4, 2014 he saw her shaking Peighton. Det. Rogers told Nytosha that Tyler said he pushed her away from Peighton and he picked Peighton up and kept Peighton away from her. Nytosha said that was not true and said she wanted to take her polygraph again. Det. Roger?s told Nytosha that she had already failed the test. Natasha said never ever ever laid a hand on him.? Det. Roger?s pointed out to Nytosha that two things made him think otherwise and one was Tyler saying he saw her shake Pei ghton and that she had failed the polygraph examination. l78.Det. Rogers pointed out to Nytosha that either Tyler killed Peighton or she did and he needed an explanation. Nytosha said she never hurt Peighton. Det. Rogers asked Nytosha if she did any drugs on the morning of April 4, 2014 other than her Bupe and Nytosha said Nytosha said it was Tyler who didn?t want to be around Peighton and all she wanted was for Peighton to have a father. Nytosha said would have lawyered up ifl had anything to hide, I?m not stupid.? Det. Rogers told Nytosha he had interviewed many people who claimed to be honest and they were about a great many things but not what they were being questioned about and when the test revealed they had lied they felt they were backed into a comer. I79. Det. Roger?s asked Nytosha if was fair to say she hadn?t always made the right choice and Nytosha said ?Yeah but I would never hurt my child ?s in any way shape ever.? Det. Rogers asked Nytosha what happened with Peighton?s leg. Nytosha said the only thing she could think of was when she put his shoes on. Det. Rogers asked if she was angry when she did that and she said she wasn?t. Nytosha said why would she bring her child to the hospital if she had done something to him. Det. Rogers explained that many parents get frustrated and tired with their children. Nytosha said she never ever got frustrated with her child. Nytosha said her son was perfect and the most loving, well behaved child ever. 180. Nytosha said ?Tyler hurt him somehow hurt? and Det. Rogers said ?You have to have an idea, you can ?t just throw that out there.? Nytosha responded saying ?he was alone with him,? Det. Rogers pointed out that Nytosha was also alone with Peighton. Nytosha said was with the DCF worker and first thing in the morning when I changed his diaper. Det. Rogers asked ?how about when Tyler was in the bathroom.? Nytosha then said ?he was napping when DCF was there? Det. Roger then asked ?Before that? and Nytosha answered ?Tyler wasn ?t in the bathroom, ever.? 181. Nytosha requested a break and she was provided a cigarette break. I then entered the interview and assisted in the interview. I told Nytosha that the investigation was clear that either she or Tyler was responsible for the death of Peighton or the two committed this crime together and both had attempted to hide the truth from coming out. 182.1 told Nytosha that I had looked into her background and knew she had committed a serious violent act in her past and drugs were underlying factor in that crime. I told Nytosha that I 32 also knew she had a difficult past and she ney er reached out to law enforcement even when she had been victimized. I asked Nytosha to be honest with us. I asked Nytosha how many of the relationships she had with men that ended up with her being physically abused and she said ?Every single one. I asked Nytosha why that was and she didn?t know. 183.1 asked Nytosha why she could not remember details from Friday morning April 4, 2014. Nytosha said she didn?t know. I explained to Nytosha she needed to stop lying and tell us what happened. I told Nytosha that Peighton's injuries were to serious for her not to have known something was wrong with him, that Peighton was dying from those injuries while she was talking with DCF and showing DCF the bruises on Peighton?s neck. I told Nytosha she purposely kept Peighton?s room dark that day and didn?t want the DCF worker to examine Peighton closely. I told Nytosha she knew Peighton was hurt and maybe she didn?t know he was dying 184. I told Nytosha that Tyler gave us a detailed and compelling account of what happened when he came out of the shower. Nytosha said that Tyler was lying. We told Nytosha that we believed Tyler was telling the truth. I explained that we spoke to Tyler for over nine hours and he did not want to tell us what he did because ?he loved you. 185.1 explained that Tyler said Pei ghton was lifeless when he picked Peighton up. Nytosha said that Tyler was lying. I told Nytosha that she was lying. I pointed out that Nytosha seemed unable to even remember that her son Pei ghton was bleeding from the mouth that morning. I told her I was concerned maybe she had ammed the oral syringe into his mouth that morning and that?s what caused his mouth to bleed. Nytosha denied that happened. 186.1 asked Nytosha to tell me what she and Tyler talked about. Nytosha said Tyler would not talk about anything and it was Tyler who didn?t like Peighton. I pointed out to Nytosha that she could provide no real detail about Friday morning but that Tyler had provided a detailed account of events that morning. Nytosha said that Tyler was lying and if we gave him a polygraph about what he claimed she had done he would fail. I asked Nytosha if we did that and he failed she would be happy with those results and she said yes. I pointed out that she had failed her polygraph and now we weren?t supposed to believe the test and I told her she could not have it both ways. 187.1 told Nytosha that this was a tragedy that should not have happened and she needed to put her fears aside and tell us what happened. Nytosha told us that she was in the bathroom that morning and she heard ?something loud? and she heard twice and then Peighton crying and she ran out of the bathroom. Nytosha said went into Peighton?s room and Tyler was sitting on the ?oor holding Peighton and he would not let her have him. Nytosha began crying and said all she wanted was for Peighton to have a real dad and she couldn?t make it happen. 188.1 asked Nytosha to explain why she was telling us this now and not the day Peighton died. I asked her who she was protecting and why. Nytosha began crying and said she didn?t want to believe he could do that and that she could have stopped it and could have saved him. I pointed to Nytosha that only now after she was told she failed the polygraph she was giving 33 us these details. 189. We took a short break and we asked Nytosha to go over the events of that morning again. Nytosha continued to have dif?culty remembering the order of events that day and claimed to still not remember who brought her to the clinic that morning. 190. We ?nished the interview without Nytosha admitting she was responsible for the injuries that lead to Peighton?s death. Nytosha provided her version of the events that morning leading up to Peighton?s death. Nytosha told us at the end of the interview that believed Tyler had done something to Peighton while she as in the shower but had only heard several loud bang and then found Tyler sitting on the ?oor holding Pei ghton. Nytosha could provide no explanation as to why she withheld this information from DCF, the emergency responders to her residence, the hospital emergency room staff, the medical examiner?s of?ce and police investigators 191. Detective Sgt. Michael Warren wrapped up the interview and told Nytosha that the interview was over. Det. Warren told Nytosha that he felt she had not been honest with us and that coupled with her failing the polygraph was a problem for her. Det. Warren advised that the investigation was moving forward and Nytosha needed to act now and asked her one ?nal time to think for ?ve minutes and tell us what really happened. After ?ve minutes Nytosha would only say that Tyler did it. The interview was ended and Nytosha was transported back to the Correctional facility by DOC staff. Dr. Bundock views Tvler?s recreation of Nytosha shaking Peighton l92.0n May 14, 2014 at approximately 1330 hours Dr. Elizabeth Bundock of the Vermont Medical Exa;miner?s of?ce viewed the video of Tyler Chicoine demonstrating what he witnessed Nytosha Laforce do to Peighton Geraw on April 4, 2014. Dr. Bundock advised the recreation and estimated time of the event ?Fit? what she found when she conducted the autopsy of Peighton Geraw. Dr. Bundock stated the recreation by Tyler was a plausible demonstration for the mechanism of injury and subsequent death of Peighton Geraw, most notable was the violent shaking and banging of the head on the ?oor. Fourth interview with Tyler and second polygraph 193. On May 15 2014 at approximately 1040 hours Detective Dave MacDonough and I went to the Newport Correctional Facility in an attempt to again interview Tyler Chicoine and to offer him the opportunity of taking a polygraph examination. In the days leading up to our interview request we arranged for members of the Vermont State Police polygraph unit to be at the Vermont State Police Derby barracks to be ready to conduct the polygraph examination if Tyler consented to take the exam. We also obtained permission for the Vermont Department of Correction to transport Tyler to and from the Northwest Correctional facility and to authorize the removal of all restraints during the time he was at the Derby Barracks. 34 194. At approximately 1103 hours we met with Tyler and explained that we wished to interview him away from the correctional facility but only if he consented to do so. We explained he would be moved by DOC personnel to the Vermont State Police Derby Barracks. I explained the day would not be as long as last time and might do another polygraph. Tyler agreed to the interview. Our meeting with Tyler was recorded and no threats or promises were made to him but in full disclosure we did tell Tyler we would provide him lunch. l95.At 1155 hours Tyler arrived at the Vermont State Police, referred to hereafter at VSP, barracks in Derby. The interview was conducted in an unlocked interview room and was audio and video recorded. All the Detectives who spoke with Tyler were dressed in business attire with their ?rearms and handcuffs covered. Tyler had all restraints removed from his person for the duration of the interview. Tyler was allowed to use the bathroom and get water whenever he wanted during the interview process. 196.1 began the interview by advising Tyler of his Miranda rights and he read him the waiver and he signed the Miranda waiver form and agreed to be interviewed. I explained that I wanted to follow up on our last interview. I swore Tyler in and asked him to speak only about the truth. Tyler began by saying he felt so much better after the end of the last interview and he was ?nally able to sleep. 197. I asked Tyler who he told about the disclosure he made to us at our last interview. Tyler said he only told his mother alter he told us and he had told no one else. 198. I pointed out to Tyler that on the morning of April 4, 2014 he told me he believed Nytosha was under the in?uence of drugs and he used the expression ?She was fucked up.? I told Tyler that the DCF worker who came to the house April 4, 2014 did not describe Nytosha as acting high or intoxicated. I asked Tyler if Nytosha was to the point of slurring her words and stumbling around. Tyler said he knew how Nytosha was when she was using ?Bupe? and marijuana but that morning he said ?it was like she wasn ?t there. Tyler told me that after it happened he saw a ?blank stare? on Nytosha?s face. Tyler said he assumed it was the result of Nytosha being under the in?uence of drugs, he then said he couldn?t think what else would cause that and he added ?She de?nitely wasn ?t herself 199.1 asked Tyler if Nytosha could function that morning and he said Nytosha was able to walk and talk properly. Tyler said that besides the pushing and kicking of Peighton he had witnessed in the past he had never seen Nytosha act with such aggression towards Peighton before that day. Tyler told me he had never seen that blank expression on Nytosha before that day and he just assumed it was her using drugs. 200.1 explained to Tyler that the polygraph he was administered last time did not cover the statement he gave about witnessing Nytosha shake Peighton. I told Tyler that to further establish his credibility I wanted to offer him the opportunity to take another polygraph examination. I told Tyler the test would be narrowly focused on the disclosure he made regarding what he witnessed Nytosha do to Peighton on April 4, 2014. Tyler agreed to take another polygraph. 35 201. The second polygraph was then administered to Tyler. The examination was administered by Detective Trooper Samuel Truex. Det. Truex scored the polygraph along with Detective Sergeant Trooper Edward Twohig. I was informed that Tyler passed the polygraph examination. 202. Tyler was returned to the Correctional center after the post polygraph interview. Results from the State Forensic Laboratory 203. On May 23, 2014 I received con?rmation from the Vermont State Forensic laboratory that the DNA found on the bloody tissues found in the waste basket in Nytosha Laforee?s apartment as the result of the execution of a search warrant, matched Peighton Geraw?s DNA. 204. Based upon the fact that Peighton Geraw?s death had been ruled a Homicide and subsequent investigation into that Homicide I believe the facts and circumstances support charging Nytosha Marie Laforce with second degree murder. Arrest and processing of Nytosha Laforce 205. On May 27, 2014 Sgt. Michael Warren and I went to the Chittenden County Correctional Center and met with Nytosha Laforce. We asked Nytosha if she was willing to consent to an offsite interview similar to what we had done before. Nytosha said she had been advised by a lawyer to not speak with us and that ?we would try and trick her.? I told Nytosha that she had not been arraigned on any charges connected to our investigation and the decision to speak to us was hers alone. Nytosha seemed unsure so I told he that since she was not sure I would consider that a I then informed Nytosha that she was going to be charged with second degree homicide in connection with the death of her son Peighton Geraw. Nytosha?s only response was to tell me I mispronounced Peighton?s last name and she added ?This is fucking bullshit?. Nytosha was brought to the Williston State Police Barracks by DOC staff. Nytosha was ?nger printed and photographed and issued a ?ash citation for May 28, 2014. Nytosha was then returned to the correctional center by DOC staff. (Aff-i?ant) Subscribed and sworn to before me on /23: 1 t3? Notary Public (expires 2/10/2015) 36 Chiitenden Criminal Division Vermont Superior Court 1 Docket No. 1824~5?14 State vs. LaForce, Nytosha 1824?5?14 I I I Prosecutor: Mary Morrissey Defendant: Nytosha LaForce DOB: 01/14/1986 Motions pdg: POB: Bail set: Atty: Stacie Johnson Incarcerated: Chittenden Regional Correctional Facility Conditions: Aliases: Natasha LaForce Case Status: Address: 13 Sugar Tree Lane Active Pretrial Unit G1 Essex Junction VT 05452 Next Hearing: Status Conference, Friday, June 27, 2014, 03:30 PM l824?5~l4 1 l3 230l fel DEG 05/28/14 Information and Affidavit filed on 1 dispute. Dispute 1 for Docket No. 1824-5-14 Count DEG, Felony, 13 V.S.A. 2301. Alleged offense date: 04/04/14. Arrest/citation date: 04/04/14 Winooski PD. Arraignment set for 05/28/14 at 10:30 AM. Defendant to be held without bail. Karen Burns, Victim's Advocate, entered as party/participant 3. Motion to Hold Without Bail filed by Attorney Mary Morrissey for Plaintiff State on dispute 1. Motion to Hold Without Bail given to judge. Arraignment held by James R. Crucitti. (CDVIDEO). Probable Cause found by Judge James R. Crucitti on dispute 1. Attorney assigned: Stacie Johnson. Request granted for public defender. 50.00 to be paid; Payment Order NO. 137286. Copy of Affidavit and Information given to defendant. 24 hour rule waived. Reading of Information waived. Defendant pleads not guilty on dispute 1. Pre?trial discovery order issued. Defendant to be held without bail. Mittimus for Failure to Give Bail issued. Custody status: Chittenden Regional Correctional Facility. Hold w/out bail. Entry Order: DA requests that motion to hold without bail be set only when DA requests State requests it be set per their reque st Court will issue decision on that matter. Status Conference set for 06/27/14 at 03:30 PM. Motion 1 (to Hold Without Bail) Other by James R. Crucitti. State's request for a hearing is denied at this time. A review of the statute oes not convince the court that the stat has a right to a hearing.