Josefina "Josie" Catherine Cunningham
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CANDID ID: NY_23_318
AGE
3   years
STATE
New York
DATE OF DEATH
7/7/2023
DEATH RECORDS
Not Available
STATE REPORTS
Not Available
SUMMARY OF DEATH
On the night of July 6-7, 2023, Robert Fisher, 34, the boyfriend of the child's mother, administered Clozapine and Xanax from the mother's prescription bottles to 3-year-old Josefina Catherine Cunningham at their shared home at 1552 Broadway in Rensselaer, New York. Fisher then raped the child, causing her death during the assault. He subsequently wiped her body with Clorox bleach in an attempt to destroy evidence. On the morning of July 7, the mother called 911 after finding Josefina unresponsive and foaming at the mouth. Emergency responders transported her to Albany Medical Center, where she was pronounced dead. Fisher attempted to access the crime scene and obstruct police before being taken into custody. He was initially charged with aggravated sexual abuse, assault, and other charges, and later indicted for murder and rape. On July 9, 2024, approximately two weeks before the scheduled murder trial, Fisher pled guilty to second-degree murder and first-degree rape, facing a sentence of 20 years to life.
Contexts/Conditions

Is there any mention of child drug ingestion or overdose?

Document 3 (blacknewsandviews.com) states: "Fisher admitted to giving Josie Clozapine, an anti-psychotic with dangerous side effects, and Xanax, an anxiety drug, from my mother's prescription bottles, and then raping and killing her." This clearly describes the child being drugged with prescription medications prior to the assault.

Is there any mention of a drowning incident (either intentional or accidental)?

Is there any mention of a firearm incident?

Is there any mention of inappropriate supervision (e.g., child wandered off and drowned)?

Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)

The child suffered inflicted injury through sexual assault causing death. Document 1 (CBS6) states Fisher "raped Josefina... and during that act, caused her death." Document 2 (News10) lists charges including "Third-degree assault" and "First-degree aggravated sexual abuse." The rape and associated physical violence constitute inflicted injury.

Is there any mention of malnutrition, starvation, or dehydration?

Is there any mention of medical neglect?

Is there any mention of a motor vehicle crash or incident?

Is there any mention of a murder-suicide incident?

Is there any mention of outdoor elements (including hot car deaths)?

Is there any mention of prenatal substance exposure (including fetal alcohol syndrome or neonatal abstinence syndrome)?

Is there any mention of sexual abuse?

Sexual abuse is explicitly documented across all three sources. Document 1 (CBS6) states Fisher pled guilty to "1st-degree Rape" and that he "raped Josefina sometime between 8 p.m. July 6 and 7:20 a.m. July 7." Document 2 (News10) lists "First-degree aggravated sexual abuse" among the charges. Document 3 (blacknewsandviews.com) states Fisher admitted to "raping and killing her."

Is there any specific mention of shaken baby or abusive head trauma?

Is there any mention of prolonged abuse or torture (including restraints, captivity)?

Is there any mention of an unsafe sleeping environment?

Individuals Involved

Was an adoptive parent or guardian involved in the death?

Was a biological father involved in the death?

Was a biological mother involved in the death?

Was a day care worker, babysitter, or nanny involved in the death?

Was a female paramour or friend involved in the death (e.g., girlfriend, stepmother)?

Was a foster parent involved in the death?

Was a male paramour or friend involved in the death (e.g., boyfriend, stepfather)?

Document 3 (blacknewsandviews.com) identifies Fisher as the mother's boyfriend: "the home in Rensselaer, New York, that my mother shared with her then boyfriend, Robert Fisher." Document 1 (CBS6) describes Fisher as "reportedly a friend of Josefina's family." Fisher was the mother's male paramour/boyfriend and was directly responsible for the child's death, having pled guilty to second-degree murder and first-degree rape.

Was another adult relative involved in the death? (e.g., grandfather, aunt)

Was a sibling involved in the death?

Child Characteristics

Was the child adopted?

Was the child homeschooled (including "cyberschooling") or taken out of school?

Was the child in foster care at the time of the incident?

Was the child living with relatives at the time of the incident (but not parents)?

Is there any mention of a neurological developmental child disability? (e.g., autism, intellectual disability, nonverbal)

Is there any mention of a physical child disability? (e.g., feeding tube)

Is there any mention of prematurity or low birthweight?

Is there a history of child protection reports prior to death (for this child or siblings)?

Does the child have a history of foster care (but not in care at time of incident)?

Is there a history of a sibling death (separate incident from this death)?

Parent/Caregiver Factors

Was an adult charged or arrested for the child's death?

Robert Fisher was arrested, charged, and pled guilty. Document 1 (CBS6) states: "Fisher pled guilty to 2nd-degree Murder, and 1st-degree Rape on July 9, 2024." Document 2 (News10) states Fisher was "taken into custody" and lists multiple charges. Document 3 (blacknewsandviews.com) confirms: "Fisher, 34, pleaded guilty to second-degree murder and first-degree rape."

Is domestic violence by the parent/caregiver referenced?

Is there any mention that the death occurred in a temporary shelter or while homeless?

Is an intellectual disability of the parent/caregiver referenced?

Is the mental health of the parent/caregiver referenced?

Document 3 (blacknewsandviews.com) states Fisher gave the child "Clozapine, an anti-psychotic with dangerous side effects, and Xanax, an anxiety drug, from my mother's prescription bottles." Clozapine is a medication primarily prescribed for treatment-resistant schizophrenia, and Xanax is prescribed for anxiety disorders. The fact that the mother had prescriptions for these psychiatric medications strongly implies she had significant mental health conditions requiring treatment.

Is a history of arrests or criminal charges for the parent/caregiver referenced?

Is substance use by the parent/caregiver referenced?

Document 3 (blacknewsandviews.com) states Fisher took drugs "from my mother's prescription bottles," specifically Clozapine (an anti-psychotic) and Xanax (an anxiety drug). This references the mother's use of these prescribed psychiatric medications, constituting a reference to substance use by the parent, albeit prescribed use for medical purposes.

Notable Details

Several notable details emerge from the sources that were not fully addressed by preceding questions. Document 3 (blacknewsandviews.com) reveals that Fisher "admitted to wiping my little sister down with Clorox bleach in an attempt to clean up the evidence," indicating deliberate evidence tampering. Document 2 (News10) reports that "Fisher allegedly attempted to gain access to the crime scene and obstruct police operations" after the 911 call. Document 3 also notes that Fisher "unexpectedly pleaded guilty two weeks before the murder trial," and the sibling discusses advocacy for reinstating the death penalty in New York (abolished in 2004), connecting this personal case to broader systemic issues around child homicide rates among Black children.

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