Prosecutors to seek death penalty against Ph.D. student accused of killing newborn

PITTSBURGH (TCN) -- A 29-year-old graduate school student could face the death penalty if she is convicted of killing her friend's 6-week-old infant and abusing the boy's twin brother while babysitting them in June.

Court dockets show that on Aug. 22, the Allegheny County District Attorney's Office filed the notice of intent to seek the death penalty against Nicole Virzi, who is being charged with criminal homicide, aggravated assault with attempts to cause serious bodily injury, aggravated assault — victim less than 13, aggravated assault — victim less than 5, and two counts of endangering the welfare of children.

According to court documents cited by the Pittsburgh Post-Gazette, on the evening of June 15, Virzi was babysitting newborn Leon Katz while the child's parents took his twin brother to the hospital for injuries on and around his genitals and body. While the parents were out, Virzi called 911 to report Katz fell out of his bouncer seat onto the floor and hit his head. She allegedly said she went into the other room to get a bottle and then heard the boy screaming. She found him on his side with a large bump on his head.

Katz was rushed to the hospital, where he died the next day. Doctors determined the boy suffered brain bleeds and a large skull fracture.

WTAE-TV reports doctors told detectives that Katz’s and his twin's injuries were "consistent with having been sustained as a result of child abuse, as these are inflicted injuries that are not natural and not accidental."

doctors told detectives and Katz and his twin's injuries were "consistent with having been sustained as a result of child abuse, as these are inflicted injuries that are not natural and not accidental."

Virzi is a student at San Diego State University getting her Ph.D. in clinical psychology.

Virzi's attorney, David Shrager, told NBC News after the death penalty filing, "This was not the direction we hoped the case would go. We strongly disagree with the allegations made by the DA’s office regarding the death penalty. We will of course be litigating this case aggressively until the truth comes out."

According to the Pittsburgh Post-Gazette, no one has been executed by the state of Pennsylvania since 1999, and the last woman executed was in 1946. Gov. Josh Shapiro has said he would refuse to sign execution warrants during his tenure in office.

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