Stephanie Rochester Arrest Affidavit 4a2e73

STATE OF COLORADO

Walk-Through Authorized DA_______________

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COUNTY OF BOULDER

DISTRICT / COUNTY COURT, BOULDER COUNTY, COLORADO Criminal Action Number

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WARRANT FOR ARREST UPON AFFIDAVIT BEFORE THE HONORABLE

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THE PEOPLE OF THE STATE OF COLORADO TO: ANY PERSON AUTHORIZED BY LAW TO EXECUTE ARREST WARRANTS: YOU ARE HEREBY COMMANDED TO ARREST THE PERSON OF

Stephanie Lynn Rochester DOB: 02-08-76

HAIR. Brown

HEIGHT: 5106"

EYES: Green

WEIGHT:

RACE/SEX: White/Female

130

SOCIAL SECURITY NUMBER SID: None

DL# / STATE: CO, FBI: None

OFFENSE DATE: 06-01-10

AND TAKE THE PERSON ABOVE-NAMED WITHOUT UNNECESSARY DELAY BEFORE THE NEAREST JUDGE OF A COURT OF RECORD; TO BE ADVISED THAT THE PERSON IS BEING HELD FOR THE ALLEGED COMMISSION OF THE FOLLOWING CRIME(S), TO-WIT: COUNT 1 COUNT 2 COUNT 3

18-3-102 (i)(a) 18-3-102 (i)(f) 18-6401 (i)(a)

Murder in the first degree Murder in the first degree Child Abuse resulting in death

Class 1 Felony Class 1 Felony Class 2 Felony

(1 COUNT) (1 COUNT) (1 COUNT)

THAT THIS WARRANT FOR ARREST IS ISSUED UPON AFFIDAVIT SWORN TO OR AFFIRMED BEFORE THIS COURT AND RELATING FACTS SUFFICIENT TO ESTABLISH PROBABLE CAUSE THAT THE ABOVE-NAMED OFFENSE HAS BEEN COMMITTED AND PROBABLE CAUSE THAT THE PERSON NAMED IN THIS WARRANT COMMITTED THAT OFFENSE. BAIL IS SET AT $1 DATE

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WITH CONDITION(S) /i

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1W/A’t. /M4z-rw )e- k77Pi BY THE

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Enforcement agency case number: 10-2822 Detective/Officer: Detective Mark Spurgeon BOULDER COUNTY SHERIFF’S OFFICE RETURN I hereby certify that I have duly executed this warrant on this ______ day of by SHERIFF FEES: Service S Mileage S Return

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I am therein commanded. SHERIFF By Deputy Sheriff

Affidavit Warrant 10-2822

Warrant For Arrest Upon Affidavit Your afflant is Detective Mark Spurgeon, a duly commissioned officer of the Boulder County Sheriffs Office, County of Boulder, State of Colorado. Your afflant has been employed with the Boulder County Sheriffs Office since 2000. Your affiant was assigned to the Jail Division from 2000-2002, the Patrol Division from 2002-2006, and the Investigation Division from 2006 to the present. The deputies/officers mentioned in this affidavit are all dully commissioned officers employed with the Boulder County Sheriffs Office. Your affiant will be referred to in this affidavit in the first person. Your affiant, being duly sworn, deposes and states the following: On June 1, 2010, at approximately 8am, Detectives All Thompson, Chris Fiegel, and I were called to the Avista Medical Center Emergency Room, located at 100 Health Park Drive, Louisville, Colorado, on a report of an infant that was brought into the Hospital deceased. Detective Sergeant Lindsey gave the information to us. Detective Thompson arrived first. Detective Fiegel and I arrived at the Emergency Room at 8:40 am. Detective Thompson and Coroners Investigator Deron Dempsey met us in the Emergency Room. We were advised the victim in this case was currently in exam room #8. Deron Dempsey identified the victim to us as, Rylan Rochester, date of birth 11/14/09. Dempsey stated that he was called to the hospital on a report of an infant death. The infant was brought into the hospital by his parents, identified to us as Lloyd Richard Rochester, date of birth 05/22/81, and Stephanie Lynn Rochester, date of birth 02/08176. Dempsey spoke with the parents and learned that there were health concerns for Rylan, primarily that Stephanie believed that Rylan was possibly autistic, but had not yet been diagnosed Dempsey stated that based on his initial investigation he did not see anything suspicious. We viewed the remains of Rylan. I noted the remains were on an exam table covered with a small blanket. The blanket was removed and I noted the remains to be that of an infant male dressed in a diaper. In my examination I did not see any immediate signs of trauma. We were advised that the parents were in the family room of the Emergency Room. Detective Thompson and Coroners Investigator Dempsey were walking to the family room when a Boulder County Victims Advocate and Stephanie Rochester standing together, asked to speak with Detective Thompson in private.

Affidavit Warrant 10-2822 They went into an exam room #1 together. A few minutes later Detective Thompson came out and spoke with Detective Fiegel and I. She stated that Stephanie Rochester told her she had been depressed recently and believes she is suffering from postpartum depression. She stated that she put blankets over the baby’s head killing Rylan. She believed that the baby was showing signs of autism. She wanted to kill herself but did not want to burden her husband with the baby inflicted with autism. At this point we kept Stephanie away from her husband, Lloyd. Based on the information and ission from Stephanie we sealed access to exam room #8. We also had patrol officer respond to the Rochester’s address, located at 2210 Andrew Drive, Town of Superior, Boulder County, Cqlorado. I was told the residence was secured. Detective Thompson placed Stephanie into custody at approximately 9:45 am and transported Stephanie to the Boulder County Justice Center for a follow up interview. At approximately 9:55 am, Detective Fiegel and I meet with Lloyd Rochester in the family room of the Hospital. Upon speaking with Lloyd we asked if he could go over what had occurred. Lloyd said he was concerned for his wife and asked about having a lawyer. Detective Fiegel stated this was protocol and that he was free to leave. Lloyd stated he understood and answered our questions. Lloyd gave us the following information. He and Stephanie had been married since August 2007. Rylan is their first and only child. Stephanie had a normal pregnancy, and the baby was born weighing 8 pounds, 21 inches in length, and the birth was given in four hours. During the pregnancy Stephanie became concerned about the baby becoming autistic. He described Stephanie as working with autistic children at a hospital. After the birth Stephanie continued to be concerned about the baby being autistic. She was concerned that immunizations could lead to the Baby being autistic. Due to this she scheduled the baby’s immunizations some time apart to lower the risk. 28th Over the past Lloyd had been out of town on a business trip from May 24several weeks he described Stephanie as being very depressed. On Friday of last week Stephanie called his mother stating that she needed help and. that she was feeling suicidal. He described his family response to Stephanie’s outcries as minimal. Yesterday, May 31, 2010, they spent the day at a pool. He described Rylan as acting normal, jumping and carrying his own weight. After the pool they went home and Stephanie thought that something was wrong with Rylan. Stephanie has described that Rylan’s eyes were not tracking, he was not making eye

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Affidavit Warrant 10-2822 , and he was arching his back, all signs, from Stephanie’s point of view, that Rylan was autistic. After Stephanie’s concern last night they took him to Children’s Hospital for an exam. They waited for about 30 minutes and they had not been seen. Rylan’s vitals’ were taken at the hospital and they were normal. Lloyd said they were not seen because there were more serious cases ahead of them. They decided to gc back home and would take Rylan to their doctor in the morning. Lloyd believes that they left the hospital last night at approximately 7:30 pm. They arrived home and Stephanie put Rylan to bed. He described Rylan as sleeping the entire ride home from the hospital. During the ride home Stephanie stated that he would be better off with out her and Rylan. She stated that she had been researching ways to commit suicide on the Internet. She researched hanging and carbon monoxide. Lloyd was asked if she ever received treatment for suicide tendencies. He stated that she did have a number one time for a counselor but she never called him. He believed that she was taking Zoloft for her depression. Rylan sleeps in his own room located on the second floor of their home, adjacent to their bedroom. He was not certain if Stephanie gave Rylan a bath that night. He described Rylan as normally sleeping through the night, and that his normal bed time is around 6pm. Around 9 or 10pm he and Stephanie checked on Rylan and he was fine. He described his eyes as "sleeping with his eyes open".. He assumed that Rylan was fine and that he was just tired. He believed that Stephanie was mad at him, Lloyd, because she was concerned that Rylan’ was not eating properly. He told her he was eating fine he was just not taking her breast milk. At approximately 2am, on June 1, 2010, he and Stephanie were in bed. Stephanie awoke and checked on Rylan. She came back to bed and said do you mind if we let him cry himself to sleep. He said that was fine and he went back to sleep. Lloyd said that looking back on that statement he finds it odd. He said that its out of character for Stephanie and that she has never said or done this before. He described Stephanie as very protective of Rylan and has never let him cry himself to sleep. At approximately 6:30 am on June 1, 2010, Stephanie woke him and said honey come here, he knew something was wrong. She was in Rylan’s room standing over his crib. He noted that Rylan was not breathing and was warm to the touch. He threw on a shirt and pants and grabbed Rylan from the crib. He knew he was very close to the Hospital so he did not cal! 911. He got in his car, a 2006 \/W Jetta, and backed out of the garage. He was in the driveway waiting for Stephanie to come out. He was beeping the horn and she came out. He believes that she was getting dressed. He handed Stephanie Rylan and he drove as fast as he could to the hospital. The only conversation he had with Stephanie during the drive was she told him to slow down and stated "Oh my god".

Affidavit Warrant 10-2822

They arrived at the hospital where the staff attempted to revive Rylan but were unable to do so. We advised Lloyd of what Stephanie had told Detective Thompson. Lloyd appeared to be surprised but not shocked. He broke down and cried. We asked him if he knew that Stephanie had killed Rylan. He stated he did not, but now recalled the statement she made to him last night about allowing Rylan to cry himself to sleep. We asked Lloyd if he had any involvement in the death of Rylan. He stated that he did not. Based on Lloyd’s statements and interview at this time he was allowed to leave. We advised Lloyd that we would be applying for a search warrant for his home, and vehicles. We advised him that at this time he would not be allowed back in the home until the search was completed. On scene were family as well a victim advocates. We advised Lloyd that once everything was completed we would notify him. On June 1, 2010, (drove by the address of 2210 Andrew Drive, Superior Colorado, and noted the following: The address is a two story wood single family home. The residence is situated on the corner of Andrew Drive and Bristol Street. The front of the house faced wet onto Andrew Drive. The home is cover in a brown/tan wood siding, with a brown composite single roof. The front door faces west, and to the north of the front door there is a two car attached garage. The back yard is fenced with a 6 foot wooden fence. Upon returning back to the Justice Center I learned the following information from Detective Thompson in regards to her interview with Stephanie Rochester. Detective Thompson placed Stephanie into custody at 945am and transported her to the Boulder County Sheriff’s Office Justice Center. Stephanie was brought to interview room one in the Sheriff’s Office and her handcuffs were removed Stephanie was given a bagel and water because she had stated she was hungry. Detective Thompson read Stephanie her Miranda Warning Rights at 1030 am which she waived verbally and in writing. Detective Thompson then interviewed Stephanie and obtained the following information: Detective Thompson placed Stephanie into custody at 9 45am and transported her to the Boulder County Sheriff’s Office Justice Center. Stephanie was brought to interview room one in the Sheriff’s Office and her handcuffs were removed. Stephanie was given a bagel and water because she had stated she was hungry. Detective Thompson read Stephanie her Miranda Warning Rights at 1030 am which she waived verbally and in writing. Detective Thompson then interviewed Stephanie and obtained the following information:

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Affidavit Warrant 10-2822 Stephanie said that for several weeks she has been feeling anxious and depressed. Her husband, Lloyd, went on a business trip to Sweden between May 22 and May 28, 2010. During the time he was gone Stephanie became increasingly concerned that their baby, Rylan, was showing signs of autism. She stated Rylan’s eyes would roll to the sides, he was shaking his hands, and he was avoiding eye . She began researching autism signs on the Internet and reading blogs about autism. She stated that when you have a child with autism, "your life is wined. ..financially and emotionally". She stated she felt like she couldn’t take care of Rylan. Stephanie stated she has worked for two years as a counselor at Children’s Hospital working with children with autism. She feels she can recognize the signs of autism and is convinced that Rylan had severe autism. This was very upsetting to Stephanie and she communicated it was the main source of her anxiety. She brought her concerns about Rylan’s development to the attention of her pediatrician on several occasions and she felt her concerns were dismissed. She was told that Rylan was developing normally and he had not been diagnosed with any type of disorder. Stephanie said that she called Boulder Nurse Midwives on or around May 25, 2010 and spoke with a midwife named Angela. Boulder Nurse Midwives provided Stephanie’s prenatal care and delivered Rylan. She discussed her anxiety and depression with the midwife and was prescribed Zoloft. She began taking 25 mg of Zoloft and then increased her dosage to 50 mg. On May 26, 2010, she ed her mother-in-law, Janice Rochester, and asked for help to care for Rylan because she was having increasingly frequent suicidal thoughts. She and Rylan stayed with Janice until Lloyd returned on May 28, 2010 Stephanie said that she had been speaking with the on-call pediatrician with Cornerstone Pediatrics on Sunday May 30 and again on May 31, 2010 due to Rylan having thrush, not wanting to eat, and being increasingly fussy. Stephanie was concerned that something neurological was wrong with Rylan. On May 31, 2010, at approximately 1700 hours, Lloyd and Stephanie took Rylan to Children’s Hospital Urgent care, Broomfield Campus. A triage nurse saw Rylan and all of his vital signs were normal and healthy. Stephanie said they waited to be seen by a doctor for two hours. During that time Lloyd made a comment that he didn’t know it was going to be like this, meaning having a child. They eventually left urgent care without being seen, intending to see a doctor on June 1, 2010.

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Affidavit Warrant 10-2822

When they arrived home, at approximately 1.900 hours on May 31, 2010, Stephanie put Rylan down in his crib. She thought, "I’ve got to do something." She felt that it was her fault. Stephanie told Detective Thompson that she has had a lot of suffering in her life and she didn’t want to suffer anymore or have Rylan suffer. She took a plastic bag, she thought it was a Target shopping bag, and placed it up and over Rylan’s head. She then put a blanket on top of his face. Rylan was asleep at the time. She said that she had conducted research on the computer and read that carbon monoxide poisoning deaths don’t hurt and you just go to sleep. She did not want Rylan to hurt. Stephanie said that after a short while, maybe a minute, she removed the plastic bag and Rylan was still breathing. She threw the plastic bag into the bathroom garbage can. Stephanie went downstairs and ate dinner with Lloyd. She had a glass of wine and they talked about selling their house. She and Lloyd talked about they wanted to have fun in life. Stephanie said that she knew they would not have fun while they were caring for a severely autistic child. Stephanie said that Lloyd began using the computer and was on-line and around 2000 hours she went back upstairs to Rylan’s room. She took three folded baby blankets out of the laundry basket and placed them, still folded, on top of Rylan’s face. She then went back downstairs and she and Lloyd began preparing for a trip they were scheduled to leave on June 1, 2010 to Cape Cod. Approximately an hour later Stephanie said she "gotnervous" and went back to Rylan’s room to check on him. She took the blankets off of his head. She stated Rylan was still breathing but his eyes were open and he was not responsive. Lloyd came into the room a few minutes after Stephanie walked in to also check on Rylan. They were in there for a few minutes then they went to bed. Stephanie said that while she was in bed she could hear Rylan whimpering. She estimated that around 0230 hours on June 1, 2010 she got up from bed. She went into the guest room, which is located next to Rylan’s room, and got adult blankets off of either the floor or bottom shelf of the guest room closet. She thought she may have used two blankets and one might be blue. She took the folded blankets and placed them on Rylan’s head. She stated she did not apply pressure. She stated that Rylan continued sleeping and did not wake up when she put the blankets on his head. She said she put the blankets on his head to stop Rylan from breathing so that he would die. Stephanie stated she intended to kill herself as well, however she did not have a plan on how to do that. She said she could not kill herself and leave Lloyd with the burden of raising Rylan.

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Affidavit Warrant 10-2822

Stephanie said that she got up at approximately 0600 hours on June 1, 2010. She thought about going into the garage and turning on the car to kill herself, but instead went into the baby’s room. She took the blankets off of Rylan’s head and "just lost it" when she realized what she had done. She stated she threw the blankets into the guest room so that Lloyd would not see them. She and Lloyd then got dressed and drove Rylan to Avista Hospital. Detective Thompson asked Stephanie about a fleece blanket with a monkey on it and a blanket with abunny on it that had been described to Coroner Investigator Deron Dempsey as being over Rylan’s head when Lloyd initially saw him. Stephanie said that the monkey and bunny blanket were over Rylan’s head in addition to the adult blankets when she killed him. She said he always slept with the monkey and bunny blanket. Detective Brian Zierlein, with the Boulder County Sheriffs Office, cleared Stephanie Lynn Rochester, date of birth 02/08/76, through CCIC/NCIC. Detective Zierlein did not locate a criminal history for her. He did locate a State of Colorado Drivers License for her, describing he as a white female, 5’06", 130 pounds, brown hair, and green eyes, Colorado Drivers License numbet Social Security Numbei WHEREAS, your affiant believes that he has provided this Honorable Court Probable Cause to believe that, Stephanie Lynn Rochester, date of birth as a 02/08176, described by her Colorado Drivers License number white female, 606", 130 pounds, brown hair, and green eyes, has committed the following: Murder in the First Degree, as described in C.R.S. 18-3-102(1)(a), a class I felony, and Child abuse resulting Death, as described in C.R.S. 18-6401(1)a), a class 2 felony.

WHEREAS, affiant respectfully requests this Honorable Court to Seal this warrant for a period of 10 days, due to the fact this investigation is on going

WHERE FORE, Your affiant respectfully requests a search warrant be issued by the Court at this time.

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Affidavit Warrant 10-2822 Detective Mark Spurgeon #537 AFFIANT

T’ 1) JUDGE

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