Persia Nelson, who was convicted in October of several charges relating to the death of her 11-month-old daughter, received a maximum sentence in court Monday.
Before Judge Matthew Sypniewski delivered the sentence, Nelson shared some statements written on a loose-leaf sheet of paper. As she read, her hands shook, and tears rolled down her cheeks.
“I know all of you may have or had strong feelings and opinions about me and the tragic accident I have caused, but truly I want all of you to know I respect and understand your feelings and your very much entitled to them I also want to apologize for all of the infliction and turmoil I have caused in everyone’s lives,” Nelson said.
Nelson was facing three charges, including murder, for the death of her baby daughter Halo Branton, who was found in a dark box-like structure on the Schenectady General Electric Campus in 2024.
A later autopsy report revealed Halo died of hypothermia.
In between labored breaths in a packed Schenectady County courtroom Monday, Nelson apologized to the police officers who first found her baby.
“I’m sorry, I’m sorry for the hurt I inflicted upon on you, even though I am sorry I am also thankful that you found my daughter Halo,” Nelson said.
But Judge Matthew Sypniewski was firm.
“Miss Nelson, you can cry all you want, but I know you are smart enough to know what you got coming in this case, right,” Sypniewski said.
The judge, in delivering his sentence, reflected on the kinds of murder cases that come before the court.
“Negligent killings, reckless killings, intentional, depraved indifference murder and then we got this, baby murder, jury came back with baby murder, so you are getting maxed in this case,,” Sypniewski said.
Nelson, born in 1999, received a maximum sentence, which includes 25-years-to life for the second-degree murder charge. The sentencing followed a more than three-week trial during which attorneys argued whether Nelson had acted with a depraved indifference to human life.
A focal point of the trial was Nelson’s journey home after attending a party on the eve of March 8, 2024 on Osterlitz Avenue. Nelson was seen by multiple witnesses leaving with her baby that night, but the next day the mother was found on the GE campus claiming she did not know where her baby had gone.
Cold rain and snow fell that night, according to Nelson’s defense attorney Mark Sacco. During the trial he argued weather conditions contributed to Nelson’s lack of awareness.
Sacco asked the judge for a minimum sentence.
“I have a hard time believing about this evil intent, that she wanted to do this, that this was her plan. It just flies in the face of the facts of the case,” Sacco said.
Speaking with reporters after the proceedings, prosecutor Christina Tremante-Pelham said she took issue with how Nelson had called the incident a tragic accident.
Pelham requested a maximum sentence be given.
“It’s hard to think about her being rehabilitated when she is actually not taking responsibility for what she did. She said in her remarks, ‘I’m taking accountability for what I did.’ But she is not, she is calling it an accident. She apologized but then apologized for an accident and apologized for drinking and smoking,” Tremante-Pelham said.
Nelson will now begin serving her sentence.
“Defendant will be remanded back to the custody of the sheriff, turned over to DOCCS, serve out her sentence according to law,” Sypniewski said.
