Adams Couple Faces 5 Years for 2020 Death of Foster Child
PITTSFIELD, Mass. — Sentencing for the Adams couple found guilty in the 2020 death of their foster infant has been pushed off by two weeks.
The court wants to clarify care for their four children before possibly issuing prison sentences.
Matthew Tucker and Cassandra Barlow-Tucker, on Monday, were found guilty of involuntary manslaughter and reckless child endangerment in the death of Kristoff Zenopolous on Feb. 18, 2020.
Kristoff was just 10 months old when he died from complications with respiratory illness, strep, and pneumonia, and the jury determined that the tragedy was a result of neglect.
On Thursday, Judge Tracy Duncan continued the hearing for sentence imposition to Thursday, April 2, at 11 a.m. She explained that the Berkshire Superior Court wants to know the plan for the family's four children, two of whom have high needs, before their parents are sentenced.
The commonwealth is requesting five years in prison and three years of probation for both defendants.
Evidence presented at trial showed that the child died after the defendants failed to seek medical treatment despite clear and obvious signs that he required care. The medical examiner determined that the child died from complications of a strep infection, bronchopneumonia, and empyema, a condition in which pus accumulates in the lungs and chest wall.
Attorneys representing the couple have asked for probation and for staggered prison sentences if they are incarcerated.
The court heard from Kristoff's birth mother, Kayla Zenopoulos, who said her heart breaks for everybody, and his grandfather, who lovingly described the baby's favorite foods, toys, and songs before his life was tragically cut short.
"I want justice. I don't believe in an eye for an eye, but I want justice for Kristoff," his grandfather said.
A Superior Court jury returned the verdict on Monday. Assistant District Attorneys Andrew Covington and Stephanie Jimenez prosecuted the case as special prosecutors from the Northwestern District Attorney's Office because of a conflict of interest with the Berkshire DA's Office.
The jury found that all three conditions could have been treated with care. Kristoff reportedly last saw a doctor more than two months before he died, and the couple made "significant and material" false statements to police and the Department of Children and Families, Covington said.
"This wasn't a momentary mistake. This was a sustained failure when facing clear worsening symptoms that took place over the course of approximately two weeks," he said.
He explained three main reasons for the verdict: the fact that Kristoff was at such a tender age, the foster parent relationship, and to make it clear to caregivers statewide that medical needs cannot be ignored without serious consequences.
Covington said the video evidence of the child's last night was "horrific," and Kristoff was "clearly" having a medical emergency.
During the trial, the Tuckers' defense maintained that they had been dealing with sickness within the family for months, had consulted with doctors and DCF, and were missing records for Kristoff.
The couple now has four children, two of whom are adopted.
Covington said the baby was left alone in his crib 14 hours before he was checked on, lying motionless from around 12:45 a.m. to after 8:30 a.m. About an hour into the clips, Tucker reportedly walks into the bedroom and puts another child to bed while Kristoff is fighting for breath.
Matthew Tucker was represented by attorney Jillian Sheldon of Pittsfield, and Cassandra Barlow-Tucker was represented by attorney Jacqueline Dutton of the Committee for Public Counsel Services. Both attorneys on Thursday recognized the absolute tragedy that had taken place, noted the mental toll it had taken on the family over the past six years, and stressed the couple's caretaking duties for their household.
Dutton explained that they have two children with significant special needs, including a daughter with cerebral palsy.
Sheldon said the Tuckers have fostered 13 children, and described a sign language that they developed to communicate with their daughter. She asked if a specialist could come before the court and explain the impact of losing the care of both parents.
"There's a family need that cannot be replaced by us," she said.
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