NEGLIENT HOMICIDE CASE TRANSFERRED TO NEW JUDGE

Relates to:
Date: 2003-03-11

Buffalo teacher Jessica Vitale-Elgie's negligent homicide case has been transferred to a new judge, court officials said Monday.

The case has been reassigned to State Supreme Court Justice Joseph S. Forma. He replaces Justice Penny M. Wolfgang, who recused herself after Vitale-Elgie withdrew her guilty plea.

Court officials said Forma has yet to schedule hearings in the case.

Wolfgang last week agreed to recuse herself because she determined she no longer would honor a sentencing commitment she made three months ago to spare Vitale-Elgie, 38, a prison term.

Vitale-Elgie, currently on a paid leave from her teaching job for ongoing treatment of cancer, was indicted by an Erie County grand jury in the Sept. 1, 2000, death of her 5-year-old adopted son, Casey "C.J." Elgie, a day after he swallowed a detergent solution while being disciplined.

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