Luis Prosper of Holyoke will serve 18 to 20 years for manslaughter in the death of 19-month-old Jaliyah Silva.
The exterior of the Hampden County Hall of Justice is seen Saturday evening, April 25. (Dwight B. Shepard / The Republican)Dwight B. Shepard / The Republican
SPRINGFIELD — People who were around Luis Prosper and 19-month-old Jaliyah Silva said Prosper exclaimed not long before Silva's August 2011 death, "I hate this f---ing baby," a prosecutor said Tuesday in Hampden Superior Court.
Assistant District Attorney Jane E. Mulqueen said people reported Prosper called Silva a "pussy baby" when he dunked her head under the water in a local pond and she was unhappy. He called her a "pussy baby" other times and said she whined too much.
Prosper, 30, of Holyoke, pleaded guilty to involuntary manslaughter and assault and battery on a child with bodily injury for the death of his then-girlfriend's baby. Until Tuesday, Prosper faced a charge of murder, which was reduced as part of a plea agreement.
The formal sentencing is Jan. 6, but Hampden Superior Court Judge Edward J. McDonough said he will accept the agreed-upon sentence recommendation by Mulqeen and defense lawyer Alan J. Black and sentence Prosper to 18 to 20 years for involuntary manslaughter and an additional four to five years for assault and battery on a child with bodily injury.
Mulqueen said the cause of death was shaking injuries of the head and spinal cord.
Jaliyah's mother, Deanne Morrissette, gave a victim impact statement to McDonough. She said her relationship with the father of Jaliyah and her younger daughter ended very badly.
"I was hurt and angry, and Luis was there for me," she said. "I thought I could trust him."
But she said Prosper became violent and aggressive and manipulated her so she didn't have other people in her life.
Jaliyah, Morrissette said, had started to say "bye" and "hi" and other words. "Jaliyah was my first born, my heart and soul. She gave me a reason to do better," the mother said.
"Jaliyah died alone with no one allowed to be with her," she said.
"I can never forgive or forget what Luis has done," she said.
McDonough told Morrissette, "It is difficult to imagine what could be worse that this. Your worst nightmare is every parent's worst fear."
Mulqueen said a 911 call was placed by Prosper at about 6:47 p.m. on Aug. 7, 2011. When emergency personnel arrived at the couple's 93 Jackson St., Holyoke, apartment, the child was unresponsive. She went from Holyoke Hospital to Baystate Medical Center to Boston Children's Hospital, Mulqueen said.
At Boston, tests showed Jaliyah's condition was consistent with brain death, Mulqueen said.
Jaliyah's mother was in the shower, and Jaliyah and her sister were on a mattress in the bedroom while Prosper was doing dishes in another room, Prosper told police. He had given her a sippy cup of juice and animal crackers.
Prosper said he heard a large gargle and patted Jaliyah on the back. He said "red, nasty stuff" was coming out of her mouth.
Prosper brought Jaliyah into the shower so Morrissette could perform CPR on her when she was unresponsive, Mulqueen said.
Mulqueen said people who knew the couple said they had previously seen Prosper shake Jaliyah and tell her to shut up. Some people said Prosper thought the baby looked too much like her father, with whom Prosper did not get along, Mulqueen said.
Black told McDonough he had gone over with Prosper the defenses to a case alleging shaken baby syndrome and detailed the controversy surrounding that cause of death.
Black said Prosper was adamant he wanted to plead guilty.
Prosper was charged with murder in May 2014. He has credit on his sentence for time served in jail awaiting trial. He was charged after an autopsy report determined cause of death.