The Misery Machine - The Case of Sereniti Sutley

Starting point is 00:00:00 Serenity, Jaslyn Sky Blankenship Sutley was born in Ashtabula, Ohio on September 13th, 2016 to parents Kelsey Blankenship and Brandon Sutley. Kelsey told Brandon that there was a chance he wasn't the baby's biological father, but Brandon stayed by her side throughout her pregnancy and was there the day Serenity was born. He wanted to be a father and was prepared to take care of the infant, so Kelsey listed his name on her birth certificate. It. Her godmother called Serenity a wonderful baby. She had blonde hair, bright blue eyes, and at the time of the story, was just learning to walk. She was almost always happy and had a bright personality. Her godmother said she was a beautiful, beautiful baby who was always laughing and always making everyone else smile. She loves Scooby-Doo, the monkey stuffy her grandmother made for her and playing video games with her mom. Her favorite animal was an owl. and she learned to say, who, who! Her mom loved hearing her make her owl sound and said, it made my day when she did it. For her first birthday,

Starting point is 00:01:08 her family threw her a princess-themed party complete with pink and white cake. She was dressed in pink from her dress and sash that said, I'm one, to her pink princess tiara and princess wand. She was surrounded by a family that adored her, including her parents, grandparents, great-grandparents, godparents, aunts and uncles,

Starting point is 00:01:27 all who came together to celebrate her special day. Her godmother said she was so happy that day. Serenity's mother, Kelsey, struggled in her late teens and early 20s. She suffered from depression and tried to remove herself from this earth as a result. To try to deal with her mental health issues, she self-medicated with drugs and subsequently ended up with a substance use problem. She moved quickly from one relationship to the next looking for acceptance and love. But once she had suicide,

Starting point is 00:01:57 Serenity. Kelsey wanted to turn her life around. She said, my past was not a good one. When I held my little miss for the first time, I had a spiritual awakening. I knew a reason to stay clean and be the mother I needed to be for my daughter. Brandon's family embraced Kelsey and the new baby girl. His mother, Melissa Sutley, loved Kelsey and treated her like her own daughter. She said, Kelsey is not my child, but I love her as if she was my child. Having the support of family help, but taking care of a newborn was difficult. Already prone to depression, Kelsey struggled even more postpartum. She and Brandon broke up, realizing they were better as friends than his romantic partners.

Starting point is 00:02:39 Kelsey tried to power through it on her own, but eventually realized that she needed help. Around this time, Kelsey gave Serenity to somebody else to take care of to keep her safe, but she was adamant that she could never give up custody of her child. Kelsey said, from the beginning, I've had custody of my daughter. I've had my issues and I've had people there to help me out so I can work on my issue. When she felt stronger, Kelsey started taking care of Serenity again. By February of 2017, Serenity's godparents, Clarissa Murtha and her husband Chico were watching the baby every Tuesday and Friday allowing Kelsey time to work her program.

Starting point is 00:03:17 Her godparents were as close as family and were a huge part of Kelsey's support system. Larissa said, we were like her grandparents. We acted like her grandparents. I was the Mu-ma and my husband was her papa. We were so close to her all the time. Kelsey appreciated their help saying, They have been there for everything, and without them, I would be lost.

Starting point is 00:03:38 She and Brandon were co-parenting. He and his family were also part of Kelsey's support system. With their support, she was able to take care of her baby and stay sober. Through it all, she was drug tested once a week and never failed a test. Despite all her success, though, She was still looking for love and acceptance, which made her vulnerable to a certain kind of man.

Starting point is 00:04:00 And one of those men eventually found her. Joshua Gerta was significantly older than Kelsey. He was 37 and Kelsey was only 22. He had children of his own, but they lived across the state line in Pennsylvania and he didn't see them much. He met Kelsey in July of 2017. She had gone out with friends and, as the sober one, volunteered to be the designated driver and to get everyone home. safe. When Kelsey brought her friend back to her place, Joshua tagged along, she said, He came back to my place with my neighbor. You all sat down playing video games and talking and it

Starting point is 00:04:35 just started from there. Not long after, Joshua moved into her apartment on Clark Street in Konyot, which meant he had easy access to Kelsey and her baby. She thought she knew him, she said. I knew some of his background, but there was a lot he never told her. Kelsey was just too trusting and not just with Joshua. She didn't seem to understand the risk of letting people have access to a baby, especially one too young to talk. An example of her too trusting behavior occurred in August

Starting point is 00:05:08 when she went to a local festival in Connie Aunt and ran into Melinda's sailors. Belinda was the aunt of Andrew Payne, a man Kelsey had dated. Kelsey thought Andrew might be Serenity's father and asked him to take a paternity test, but he hadn't got the test done yet. Kelsey told Melinda she wanted Andrew to meet the baby in case she was his, so when she heard that Andrew might be there later, she handed the baby to Melinda and left to enjoy the festival.

Starting point is 00:05:37 Melinda was appalled, she said, she never met me before in my life, but she left that baby with me for 45 minutes unattended. Everything was fine that day, but Kelsey didn't seem to realize all the things that could have gone wrong. On October 6, 2017, about a month after the princess party, Kelsey put the baby down for the night, took her evening medicine, and went to bed. When she was asleep, Joshua was alone and unsupervised. Around 5.15 the next morning, Kelsey ran out of her apartment carrying Serenity's limp body, screaming, help my baby. She shouted and banged on her neighbor's doors begging for help. Someone called 911 and paramedics quickly responded. And they arrived, the baby was unconscious and was not breathing.

Starting point is 00:06:25 She had obvious blunt force injuries to her head and torso. The report noted that Kelsey told them she found her unresponsive and suffering from cardiac arrest in her bedroom. She was rushed to the University Hospital's Coneyot Medical Center, but there was nothing doctors could do to help her. Serenity was gone and was pronounced dead at the hospital. Detectives questioned both Kelsey and Joshua, and they both said they were home.

Starting point is 00:06:51 at the apartment that night. Kelsey didn't report witnessing or hearing any violence and officers didn't have enough evidence to arrest either of them, so they were both released from custody. Kaniat detective Michael Sullivan said Joshua was very cooperative in the initial interview. We had no charges against him and released him. Meanwhile, the doctors who saw her injuries in the emergency room were very concerned. They believed they saw evidence that the baby, who was only 13 months old had been assayed. Acting on that information and concerned that an offender and a child murderer was on the loose, police obtained a warrant for Joshua's arrest, but he was nowhere to be found. Officers checked with his family in western Pennsylvania in Ohio, but could find no trace of

Starting point is 00:07:37 him. His picture was sent out to local media in both states and shared nationwide on television. Local police departments were also sent his picture and told to be on the lookout for Joshua. In the Bolo, he was described as having brown hair, a brown goatee covering a misaligned jaw, a deformed right ear, and tattoos on his forearms. Joshua was sighted with a man driving a dark gray Ford F-150. Surveillance cameras captured an image of the two men and also captured the license plate number of the truck. Using that information, the police tracked down the man who was from Buffalo, New York. Joshua had been hitchhiking and the driver had picked him up without knowing who he was or that he was wanted,

Starting point is 00:08:18 by police. The driver was able to tell the police that he dropped Joshua off when the truck broke down about 20 miles north of Sowickley, Pennsylvania, helping to narrow the search down. On October 16th, the Northern Ohio Violent Criminal Task Force offered a $5,000 reward for information about his whereabouts. Tips poured in, but most of them were dead ends. On October 26, he was seen at a Sheets convenience store on Mount Nebo Road, wearing a black ball cap and a camouflage jacket and carrying a large backpack. Local saw him walking in the area on foot. One woman named Amanda Manco saw him in the woods behind her house in Ohio Township, Pennsylvania, but didn't realize he was wanted by police until her mother sent her a picture of him she had seen

Starting point is 00:09:03 in the news. Because her German shepherds have been barking at night, she thought he might have been camping nearby. Police used a drone to search the area from above. They found his campsite in a fire pit, but no sign of Joshua. Neighbors were uneasy, an additional security was arranged for at least one school in the area. Now, if they catch Joshua Gerto tonight, they'll take him here to the Allegheny County jail. But right now, he's still on the loose, and police are searching for him in the Ohio Township area. Now, we talked with one man who says he came face to face with the alleged killer, and he says he asked him for directions to the nearest gas station and the interstate.

Starting point is 00:09:42 Drones and helicopters in the sky. Law enforcement on the ground. All looking for this man, Joshua Girdow. He's wanted in the sex assault and homicide of 13-month-old Serenity Sutley in Coneyad, Ohio. All my doors are locked right now, and they're going to stay locked. All day and into the night, several law enforcement agencies have been trying to track him down. Brian O'Neill says he spotted him. Yeah, yesterday afternoon, I was down over the hill, down at the end of the driveway,

Starting point is 00:10:11 digging a ditch for a new gas line. and I was actually in the hole and I just kind of turned to my left and there was a guy only about five or six feet away from me. He says that man asked him for directions to the nearest gas station. He had disheveled clothes on and a big backpack and he looked like he had been camping or hiking or something like that. O'Neill says he didn't realize it at the time, but he now believes that was Girdot. He says this happened before the siting at sheets. These security camp photos possibly show Girdo inside of the sheets off Mountie Brewery. Road around 430 yesterday in Ohio Township. People also say they spotted a campsite near

Starting point is 00:10:49 Ohio Township Community Park and Nature Center. And they alerted police. And now I see this tent in the woods. It's not ours. Police don't know if this was the place where Girdo may have been camping out, but they looked into it, then moved on to other leads. Police are offering a $5,000 reward for anyone who has information leading to Gerdot's arrest. On October 27th, he was seen at another Sheets convenience store about seven miles away, this time on Nicholson Road in Franklin Park, Pennsylvania. Patrolman Kevin Lestitian spent a few hours that evening looking for Joshua but had moved on to do his regular checks of business in that area. At 140 in the morning, patrolman Lestitian saw him walk right by his patrol car and recognized him right away from the Bolo. He called for backup,

Starting point is 00:11:36 but when Joshua looked at him and seemed to realize he had been spotted, the patrolman decided he needed to arrest him right away. He said Joshua gave up easily and that there was no fight in him. After three weeks on the run, Joshua was finally taken into custody. He was carrying a tent and officers found a knife in maps of Pennsylvania and New Jersey in his backpack. It was held in Allegheny County jail for a few days until he was extradited back to Ohio. Meanwhile, Andrew Payne finally submitted his DNA to be tested and discovered he was Serenity's biological father, told reporters, I just found out she was mine three days ago. and I'm not going to have a life with her now.

Starting point is 00:12:13 When asked how he felt about Joshua, he said, I hope that he gets what he deserves. There is nothing else in this world that I want, but justice for serenity. Kelsey and Brandon held a press conference, talk about their grief, and address the new information about the baby's paternity. Despite the results of the paternity test,

Starting point is 00:12:31 Brandon and his family still considered the baby a treasured member of their family. At the press conference, Kelsey also explained the sense of relief she felt, when Joshua was captured. She said she was jumping for joy when she heard the news. She was happy because he wasn't out there. He couldn't harm anyone else.

Starting point is 00:12:50 Finally, my daughter would receive her justice, which she needs. She also told reporters that Serenity was now her guardian angel and that she did not want to disgrace her memory by using drugs again. The Blankenship and Sutley's family staying united as we mourn the loss of Serenity, the gorgeous branches that she was. Yes, I am not her biological father, but being blood doesn't meet you a father. The definition of a father is being there with unconditional love.

Starting point is 00:13:20 I was next to Kelsey throughout every part of Serenity's doyful life. I watched her take her first breath in this frightening world. There were a few of us that knew that Serenity could have been one of ours. Even with that being known, I needed my duty to be there regardless, till she was ripped from us by this cruel world, by this evil monster. My past was not a very good one, but when I held my littleness in my arms for the first time, I gained a spiritual awakening. I knew a reason to stay clean and to be the mother I needed to be for my daughter.

Starting point is 00:14:03 I just want to thank the first responders, the officers, the community, and everyone that has helped make Josh's world small. The media was fantastic with helping get his picture out. I'm so heartbroken over the whole situation. I'll never get to see my baby grow again. I'll never get to see her go to school for the first time or lose her tooth or even get to run around with her and chase her. I'll never get to do any of those fun activities.

Starting point is 00:14:47 This was all taken from me. and I'll never get this bad. I'm not perfect by no means. I have made my mistakes and I have owned up to them all. As for the biological father, I'm sorry that he will never get to know her. But he has known from the beginning that she could be his. The Sutley family has been there from the beginning, knowing there was a chance that she wasn't theirs.

Starting point is 00:15:22 And thank God for certainness. God for certain he's God parents. They have been there for everything and without them, I would be lost. Are you seeing Facebook comments and posts and stuff like that? Yes. And how do they strike you? There's some that are devastating to me

Starting point is 00:15:52 because I've loved my daughter from the beginning. From the beginning I've had custody of my daughter. I've had my issues. And I've had people there to help me out so I can work on my issues. And then there's some that are very sweet and caring and that are sincerely there for me. Are you still attending drug court? Yes. So that means that you are randomly drug tested on a pretty constant basis.

Starting point is 00:16:26 Yes, I've been drug tested pretty much almost every day besides. A couple days. And so you're still participating in that? Yes. I'll be graduating in November. What can you say to people say you should have heard it or, you know, heard of something going on or anything like that? Can you address that about it?

Starting point is 00:16:48 I do not like to talk about that at this moment because of the case. I do not want to ruin our chances at getting as much prosecution that we can get for my daughter. to have the justice. How did you meet Kurtel? I was someone's deedy. And he came back to my place with my neighbor, and we all sat down playing video games and talking, and just started from there.

Starting point is 00:17:25 So you want to wear out his background? I knew some of his background, but didn't know that he didn't know that he had this. Why aren't you two together this? I mean, I understand being together as far as being there for humanity. We just found out as best for us to be friends. Be there for her being apart is better for us. It's more of a healthy relationship that way.

Starting point is 00:17:57 So what's next for you? What do you do next to move ahead or move forward? Right now I'm trying to get housing. And I'm trying to, I've been going to my grief counseling and to my counselors. I start trauma class in November to finish out. It would probably be junior, I believe. What was your feelings when he was finally captured? I was enthusiastic.

Starting point is 00:18:33 I was jumping for joy at 2 o'clock in the morning when I received the phone call. I ran upstairs, I woke up my cousin and her best friend, and I almost woke up the kids. I was so excited because there was a sense of relief that I felt finally, that he wasn't out there, that he couldn't harm anyone else, and that finally my daughter would receive her justice that she needs. Now, will you be following what the preceding start in the arrangements, will you be following that or attending that? Yes, absolutely. How about your brand? One would be the...

Starting point is 00:19:15 What was your reaction when you heard that they had caught? I was happy, but they were still a part of me that wasn't so satisfied. Just after that, I just don't want to talk about it. Even though that I'm in the stage where I am very unbelieving in my higher power right now, there's still he's out there helping me to stay clean to

Starting point is 00:19:45 keep going to meetings to keep being strong that I need to be to get through all this you're going to first surrounding you too yeah surrender is the guardian angel right now the extended family was devastated her grandmother told reporters

Starting point is 00:20:05 we can hardly breathe right now but we will have to go on without her Her great-a-Lobby Lee Blangenship said that she'd been looking forward to spending Halloween with Serenity. She said she was going to be a teddy bear for Halloween. Now there will be no trick-or-treating, no celebrating Christmas, or watching Serenity at dance recitals. On November 7th, a secret grand jury indicted Joshua. There's arraignment on November 17th, Serenity's family attended and wore pink t-shirts in her memory. He was charged with three counts of murder, two counts of aggravated murder, one count of

Starting point is 00:20:40 essay, one count of DV, and one count of felonious assault. The aggravated murder charges came with the possibility of a death sentence. Serenity's great-grandfather, Randy Butts, told reporters, it's just devastating to me. I want him to go for the death penalty. I want him dead. I'm sorry, that's just the way I feel about him. Joshua pled not guilty, and his bond was set for $1 million. He remained at the Ash Tabula County Jail until his trial. That trial would be a long, long time coming. The next five years would be a nightmare for Serenity's family as the county prosecutor's office changed hands several times. A judge recused herself and the charges against Joshua were lessened from the death penalty to involuntary manslaughter. And the worldwide

Starting point is 00:21:29 events of 2020 slowed the court systems down to a crawl. Though the details of the case have been plastered all over the media when Joshua was on the loose and a possible risk to the public at large. Once he was arrested, that all changed. Many of the details became closely guarded secrets, and several of the hearings were sealed from public view. Serenity's grandmother, Melissa, attended all of the hearings, but she was not allowed to speak publicly about many details. On October 17, 2018, a secret grand jury indicted Kelsey on seven charges. Two counts of murder, one count of felonious assault, three counts of endangered. children and one count of DV. Kelsey's attorney asked the judge to set a bill at $50,000,

Starting point is 00:22:16 claiming she wasn't a flight risk. She said Kelsey had maintained her sobriety, even while struggling with her grief and loss and would have run already if she was a flight risk. The prosecutor argued that she didn't run because she didn't know she was going to be charged, saying, now that she's arrested and charged, we do consider her a flight risk. The judge sided with the prosecutor and set her bail at $250,000. When Kelsey was indicted, the prosecutor also dropped the death penalty specification from Joshua's charges, but made no other changes. While running Joshua's DNA to investigate Serenity's case, investigators got a match to an unsolved 2004 essay and burglary case. In that case, a woman had come home a little bit after midnight after her shift as a bartender.

Starting point is 00:23:07 She fell asleep watching TV in her bedroom, woke briefly when she thought she heard a noise, but she fell back asleep. She woke again later, and an intruder was choking her with one hand and holding a hammer to her head with his other. She begged him to stop, but he choked her until she passed out. He also hit her on the head with a hammer, cutting her scalp. When she came to, she was stuffed beneath her bed and her underwear were missing. The intruder was still there when she crawled out from under the bed, and he threatened to kill her. She fought back, pried the hammer out of his hand, and squeezed his private so hard that he ran away. She called 911 and officers responded.

Starting point is 00:23:46 They found a pair of men's underwear outside her home. She was taken to the hospital and during her examination, doctors found evidence that she had been essayed, including fluids containing DNA. This DNA profile was entered into a database and 16 years later, it matched the DNA sample investigators had taken from Joshua. In December of 2020, he was indicted on. on one count of SA, one count of felonious assault, and two counts of aggravated burglary. By this time, the two previous prosecutors were no longer in office. Prosecutor Colleen O'Toole had taken over. In March of 2021, Kelsey pled guilty to one count of involuntary manslaughter and one count of endangering children. At her plea hearing, evidence was presented that Kelsey had told medical

Starting point is 00:24:29 personnel that she wished to cause physical harm to her child about six months before she started dating Joshua. The Ohio Child Service Board became involved on January 27, 2017, and arranged for Serenity to live elsewhere for some time before returning her to Kelsey. Though the exact details haven't been released, Prosecutor O'Toole publicly called Kelsey mentally ill and said that Serenity was left in the care of two people who were not competent to care for themselves, let alone have a child of this tender age. Her family noted that Kelsey said those things when she said,

Starting point is 00:25:05 she was struggling with postpartum depression and was asking for help because she was afraid that she would hurt her baby. They thought asking for help was the right thing to do, which it is, and that the prosecutor unfairly used it against her. Prosecutor O'Toole also decided she wouldn't arrange for Kelsey to testify against Joshua because, in her words, the state doesn't know that they did not act in concert against Serenity and nobody can say that besides Ms. Blankenship and Mr. Girdow, and they haven't. Despite her plea, Kelsey didn't say she directly hurt her daughter, but instead claimed that she failed her daughter by allowing a wolf and sheep's clothing into their lives.

Starting point is 00:25:45 She said, I brought someone into my daughter's life, and I didn't know he would ever hurt or harm her, and he hurt my daughter. She admitted she created a substantial risk to the health or safety of her child by violating a duty of care, protection, or support that resulted in serious physical harm to the child. As part of her plea, she was sentenced to her child. to six years in prison and an additional six months on parole. In October of 2021, the prosecutor presented a global resolution plea agreement to Judge Marianne Cizan, which covered both Serenity's murder and the 2004 essay and burglary.

Starting point is 00:26:22 Under the agreement, which was sealed from the public, Joshua would take an Alfred plea, meaning he would plead guilty without admitting he did anything wrong. His charges for Serenity's death were reduced to one count of involuntary mansions. slaughter and one count of felonious assault. He would be sentenced to six years for her death, an additional 10 years for the essay for a total of 16 years for both crimes. He got more years for the essay in 2004 than he did for killing a young child. Judge Sazon asked if the victims were happy with the plea agreement, and prosecutor O'Toole responded, and I quote, although no one is happy, obviously, with this plea agreement.

Starting point is 00:27:05 Based on the evidence that has come forward, they are all in agreement that this is acceptable. The prosecutor also mentioned that the victim of the 2004 case expressed fear and distress at reliving experiences long ago in this cold case. Judge Zazan wanted to talk to the other victims, in particular Serenity's family members that attended the hearing. Prosecutor O'Toole didn't want the judge to speak with them and asked her to move. on, but the judge insisted on doing so. Though the judge made it clear that the victims didn't get to decide if the plea would be accepted, she thought they should be allowed to voice their concerns. Their exact identities were not revealed in official documents, but one of Serenity's family members told the judge, we don't know anything as to what happened, and that's what our main

Starting point is 00:27:50 concern is. It's trying to figure out who is guilty, who is not, and what happened so we can understand that. Another told her, we felt that if it went to trial, that there's the possibility that he could end up with more time, or if it's not a good case and not presented well enough, he could walk. Well, that's how we had to decide, and we're willing to go to trial. First of all, we want the truth, and we feel if there is a trial, we are going to get the truth. Prosecutor O'Toole also decided some family members didn't qualify as victims. According to grandmother Melissa, she was told by the prosecutor that she was not part of Serenity's real family. The prosecution characterized the case as a he said she said type of situation because, and I'm

Starting point is 00:28:41 quoting the chief assistant prosecutor here, nobody else was in the room. It's not video recorded. It was one of these, who done it? Prosecutors also revealed some disturbing information to the court, in particular that the state had no evidence supporting the SA charge. The judge was surprised that, knowing they had no evidence, the state still hadn't dismissed those charges. The judge said that just because it was a difficult case didn't mean the state couldn't prove serious crimes beyond a reasonable doubt, and the difficulty of the case meant it should go before a jury. She said, justice rests with the trier of fact, in this case a jury of 12 citizens, and rejected the plea agree.

Starting point is 00:29:22 Prosecutor O'Toole filed an affidavit with the state Supreme Court, asking to have Judge Sazon removed. She called the hearing unhinged and described the judge's conduct as unprecedented. Judge Sazon recused herself, as did the other Ashdibula County judges. Visiting Judge Patricia Cosgrove replaced her. Serenity's family filed to have the records of the secret hearings unsealed and were ultimately successful. Without their lawsuit, the public still would not know what happened. at the first plea hearing. After the hearing, great-a-a-a-a-Lobie wrote a letter to the editor that was printed in the Ashtabula Star Beacon. In it,

Starting point is 00:30:01 she condemned the actions of prosecutor Colleen O'Toole and revealed a few details that hadn't been shared with the public. She wrote, I am the great-aunt of the one-year-old baby Serenity who was murdered in Coneyot, Ohio, on October 7, 2017. Serenity was found in her home, dead with her skull caved in. Serenity's mother's boyfriend, Joshua Gertow, fled the city, fled the state, and was ultimately taken into custody by authorities in Pennsylvania. Mr. Gertow has been sitting in the Ashdibula County Jail awaiting trial for the past four years. Serenity's family is appalled and horrified by the way this case has been handled by our new county prosecutor. Currently, Prosecutor Colleen O'Toole is attempting to force a plea deal down the

Starting point is 00:30:44 throes of both Serenity's family and the public, which would result in Mr. Girdo receiving 18 years in prison. This is a travesty, if allowed to occur. Serenity's head was crushed, and there was enough direct and circumstantial evidence to convict Mr. Gertow of this cold and calculated act. We were assured of the office of the Ashdabula County prosecuting attorney in 2018 that Mr. Gertow would never see the light of day. Nicholas Iarachi, then the prosecutor, assured Serenity's family that there was enough evidence to put this monster behind bars for the rest of his life.

Starting point is 00:31:18 Now, our new law and order prosecutor calling O'T has told us that the family should accept a plea deal because she didn't believe that a jury would convict Mr. Gertow. It seems to me that Ms. O'Toole is lacking in the courtroom experience and confidence necessary to effectively perform her job. If the court approves Ms. O'Toole's plea deal with Mr. Gertow, what is life worth? My beautiful niece Serenity only lived one year. She never had a chance to start life, go to school, to grow up, or to do any of the normal things children do.

Starting point is 00:31:50 Mr. Gerto, on the other hand, if O'Toole gets her way, will have the opportunity to start life over again in 18 years. How can anyone with a conscience or an ounce of humanity allow this to happen? The grief and pain of the family was evident in her letter. Though she wouldn't know it until some days later, the judge had rejected the plea deal, but was then forced off the case by prosecutor O'Toole. Instead of working with the victims, the new prosecutors seemed to want to work against them. Note that in her letter, Bobby Lee wrote that the plea deal was for 18 years while the unstealed document listed it as only 16 years.

Starting point is 00:32:29 Those documents would not have been available to her at the time, and she may have been told something different. It wouldn't have been surprising if the prosecutor rounded up when talking to the family. In July of 2022, Prosecutor O'Toole dismissed six of Joshua's eight charges and reduced the remaining murder charges to involuntary manslaughter. She also released a public statement about the case in which she repeatedly called Serenity, this child, instead of using her name. Serenity's family spoke out against the reduction and organized a protest around it in August. They lined the streets outside of the prosecutor's office and chanted, step up or step down and say her name as cars drove by and honked in support.

Starting point is 00:33:13 Serenity, life matters. For Jean Carlo and all of those who loved Serenity Sutley, That's the motive that drove them to the Ashibula County Courthouse for protests. The family outraged over Ashabilly County District Attorney Kalino-Otoul's decision to amend charges for Joshua Gerto, who's accused of raping and murdering the 13-month-old in 2017. Gertrto initially faced over nine charges related to the crime, including two counts of aggravated murder, one count of rape, and three counts of murder. In July, O'Toole's office dismissed the aggravated murder charges, the rape charge, and two of the murder charges, among others.

Starting point is 00:33:58 I'm sorry, my family, and I wanted to be the charges that he started with, and to go to court, to trial. We want to see him in trial. O'Toole responded to the protests in a statement Friday afternoon, saying Gertow's case has been recent. set 22 times. In that, quote, the charges as amended conform to the evidence and what can be proven beyond a reasonable doubt. Investigators say Soutley died from blunt force trauma to the head. Her mother, Kelsey Blankenship, was also charged and sentenced to six years in prison for her role in Suttley's death. Gertow led federal and local police on a national manhunt after she was killed. Our problem is we have been doing this for five years and it turned into a

Starting point is 00:34:50 a mess and it's just gone on and on and on and it's just breaking our heart. Great Aunt Bobby Lee hoped the community's support would help sway the prosecutor. She said, it's not just our family. The whole community is upset. It gives us hope that the community does stand with us. It gives us hope that maybe she will see the air of her ways. See what she's doing. She's not only upsetting us.

Starting point is 00:35:16 She's upsetting the whole community. It could have been anybody's baby. But prosecutor O'Toole was unmoved. She said, although I have deep respect for their right to protest and what they're saying, it does not change our course. She split the two cases and negotiated a new plea deal in the 2004 case. The family's protest against the first plea deal wasn't entirely in vain, however. Joshua didn't get to make an Alfred plea this time. March 16th, 2022, he pled guilty to two counts of aggravated burglary, one count of essay, and one count of assault. Judge Cosgrove sentenced him to 28 years, 18 more than the 10 he would have gotten for the 2004

Starting point is 00:35:55 charges in the first plea deal. He filed an appeal in May, but his sentence was upheld. Finally, all that was left was Serenity's case. Though the family still wanted a trial, the prosecutor didn't want to take the risk. She told reporters, a plea agreement allows the defendant to be held accountable for the crimes and adds certainty to the outcome. There is no certainty in the outcome of a trial and no finality in the appeals process. On October 3rd, 2022, Joshua pled guilty to involuntary manslaughter. All other charges, including the essay, were dropped. Cornyn's official report completed in June of 2018, included that Serenity had not been essayed, but that information was not released to the public until years later. According to Prosecutor O'Toole,

Starting point is 00:36:41 what ER doctors thought was evidence of an essay was actually a severe, bacterial infection. The baby had been treated for the same condition at least once before. Some sources describe the condition as a severe diaper rash. Judge Cosgrove confirmed this information during the sentencing portion of the plea hearing. She said the initial charge was based on the misinformation that the prosecution received that there was an essay involved, which there is absolutely not one shred of evidence that an essay of this child was ever perpetrated by anyone. No semen, no DNA, no penetration, nothing. The judge said that one month before her death, she had been treated for another terrible rash

Starting point is 00:37:21 an infection in her pelvic area. Further investigation also revealed additional injuries that were inflicted before the night of her death. The judge said, it has come to light through medical records that prior to Mr. Girdo coming onto the scene, this child had suffered physical injuries that were detectable on x-rays. She said these injuries occurred before Mr. Girdo got associated with Ms. Blankenship. Though no DNA was found in her private areas, male DNA was found elsewhere on Serenity. But according to Prosecutor O'Toole, that DNA belonged to an unidentified male and only weakened her case against Joshua, allegedly.

Starting point is 00:38:00 Several members of Serenity's family read impact statements at the hearing. Brinan called Joshua a coward and a monster. He said, To a child, a monster is anything that fears scary. As a parent, your duty is to protect that child. The monster my princess had to face was one a parent could never be prepared to protect her from. A parent should not be burying their child. You're taking my daughter from me, robbed her of being able to enjoy the scary world. She won't be able to experience learning to ride a bite for the first time.

Starting point is 00:38:30 She won't be able to learn how to get back up, dust herself off, and try it again. She won't find out what anxiety of the first day of school feels like. happiness of school being done for the summary. You ripped all of the joy out of our life. You stole all of our first from us now we won't know what her voice will sound like. Her learning, full sense, so just our ability to hear her laugh and cry, to see her smile, you are the monster you stole all of the man's life when you made your tenant's choice to be the executioner. I'll never be able to see the nervousness when she introduced me to her first boyfriend. able to put her heart back together after someone stole. She loves it. You took so

Starting point is 00:39:16 much from me and our family. You are a monster that should suffer in his own mind knowing what you did, but she won't suffer as much as my princess has. To be exact, she won't have any of these first talking, running, playing with other children, going to school for the first time, making friends. She won't be able to experience becoming a woman. She won't be able to decide what music she likes or her favorite. color. She won't be able to ask me to teach her how to drive to get her permit and then her license. She can't run to me to comfort her when she needs it. You took her before she could see any part of the world. You ended her life before it even started. I'll never be able to hear her say

Starting point is 00:39:54 the words, I love you, Daddy. You took things that I can never be replaced. You are a coward to hurt a child. You are a killer of my daughter's hopes and dreams, as well as the killer of the love. been able to give us. You are keeping any information that happened on the day of October 7th, 2017 to yourself and hiding behind the silence. Grandmother Melissa asked Joshua to turn around. She said, And I would like this gentleman to turn around and look and watch. He did this. This is why we're here. He should see the emotions of what he's done to the families, that he destroyed their lives. He should be forced to see us in the emotions instead of standing forward.

Starting point is 00:40:39 in his back towards us like it meant nothing. Where's that? Where's the justice and you standing there with your back against us? Where's that justice? There's no... It's been five years since the... Hold on.

Starting point is 00:40:55 He should look at us. He should be looking at the victims. All right. I like him to turn around. Security here. I don't want to be asking out. Mr. Gertz, don't please turn around. You did this.

Starting point is 00:41:11 You put us all here. Turn around and look at us. Please what you. did to our family. You're not going to turn around what you said? It's been five years since the bone chilling phone call to hurry to the hospital. The nightmare began. All right, he doesn't really now if he turns around or not.

Starting point is 00:41:30 He hears you, I don't know if you understand what you're saying. I am, I'm saying, I'm reading my letter. Go ahead, go ahead. The nightmare began and it dragged out for five years. For five years, we've been doing this. I have nieces, nephews, friends, have children, certain to these age. And each time they share pictures or go on adventures, I think to myself and think

Starting point is 00:41:53 Trinity should be and would be doing these things if she was here. She would have started kindergarten this year. So you asked me about justice. How can any human being understand and justify in taking the life of a baby, a child that was just learning to walk, let alone how to say full sentences? She was robbed of so much. But most of all, she was robbed of life. And you still get to live. You still get to live!

Starting point is 00:42:15 You still get to live! I can't for the life of me understand why or what or how any person can just kill a baby. We probably will never know what really happened. The only thing I know is the broken heart that you left behind. I know the actions that was made October 7, 2017 early in the morning in that apartment has mentally, emotionally destroyed my entire being. Our entire family is destroyed. This life's not here.

Starting point is 00:42:45 Reliving this nightmare over and over. I can't remember a night I've slept well without waking up and crying because all I want to do is hold that sweet angel. I just want to protect her. You took her from so many, so many that spent their day loving her, teaching her and bringing her joy. So for the last five years coming to each hearing, hell, reliving the nightmare over and over again. The one thing is for certain, I will never be the same person I was before you're going. actions that early morning. I honestly believe you destroyed and changed the life of so many. You are nothing more than a pure evil monster. I pray with all of my being, your children never

Starting point is 00:43:30 endeared what our family has had to endure, what that baby endured. I hope your children, never have to endure, I hope third children, never have to endear what you guys endeared in that apartment that morning that took the life of this baby. Do you believe the amount of time you're being given is enough? Do you believe that's enough for that? If it was your child, would that, would that be enough? Nope, it sure wouldn't be. But I do believe in karma. Karma will find you, and you will pay the higher price. And the beauty of karma is, you never know when, when she will find you, but she will. But that's for certain. Don't deserve to see the light of the light of day. You don't deserve that. You don't. Thank you.

Starting point is 00:44:10 In her impact statement, great aunt Bobby Lee said she went to school with John I actually know Mr. Girl, I went to school with Mr. Grotto. And I never in my life could imagine that one day we would be standing in this courtroom talking about what you would take from our family, not just our family, but from friends and the community and just everybody. That baby had the biggest smile, was always laughing, always happy. And we're not going to see that again. We're not going to see her go to kindergarten.

Starting point is 00:44:54 We're not going to see her take her first driver's test. We're not going to get to see her go to prom. We're not going to get to see her do anything. And we can have no answers. Every time we have to step in this courtroom, it rips it open again. And all we know is why. That is our biggest question. Why?

Starting point is 00:45:15 How could anybody do this to a child? and again, we'll never know. The answer is because you don't say anything. You won't even look at the family of the little girl that you took away from us. After the family spoke, Judge Cosgrove handed down her sentence. Since Kelsey also pled guilty to involuntary manslaughter, the judge started with a matching baseline of six years. She said Joshua deserved a higher sentence because he had a criminal record

Starting point is 00:45:50 and he fled after the crime. She also acknowledged that no sense, sentence she handed out would truly be fair. She said. The time, the court realizes this, there is no amount of time that I can give Mr. Grotto that will make up for the loss of this precious child's serenity. Nothing, nothing. Judge Cosgrove sentenced him to an additional eight years to be served in addition to the 28 years for a total of 36 years. She said, 30 years you're going to be in your 70s if you live that long.

Starting point is 00:46:27 And all I can say is your parole officer hasn't even been born yet. Joshua is currently serving his time at the Mansfield Correctional Institution in Mansfield, Ohio. His earliest release date is May 11, 2052. Kelsey served her time at the Ohio Reformatory for Women. She was released on parole on March 26, 2024, and her parole is scheduled to end on September 15th, 2024. Serenity's family asked for donations to be made in her name to the Halo Christmas program administered through Catholic charities because that program provided presents for her first

Starting point is 00:47:04 Christmas. A vigil for Serenity was held on October 14th at Conyot Township Park. Jean Carlo, Serenity's great grandma, told reporters, our hearts are broken. We've gone through every emotion possible. Hundreds attended. They struggled against the wind to light candles and tall glass jars, sang amazing grace and prayed together. They also recited the serenity prayer, chanting, God grant me the serenity to accept the things I cannot change, courage to change the things I can, and wisdom to know the difference. Pastor Jan Walsh ended the prayer service saying, Serenity is looking down on us right now with a big smile because she is safe in the arms of Jesus. We lift Serenity up to you, knowing that when she left, she took a huge piece of our heart with her,

Starting point is 00:47:49 but knowing she also left a piece of her heart with each and every one of us whose lives she touched. Serenity's funeral was held on October 16th of the Thompson-Smith-Nesbett funeral home. She was buried at Greenland Memory Gardens. Though they don't think they will ever know what really happened that day, Serenity's family thought Kelsey's biggest crime was making a mistake that is all too common with young people. She trusted someone she shouldn't have and let him have access to her daughter. In an interview, great-aunt Bobby Lee said, She believed in somebody she didn't know enough about yet.

Starting point is 00:48:24 We look at these young girls, even young males that have little kids, and they just want someone to love them. They just want someone to be with that's going to love them. They don't take six months to get to know that person. They don't take the time to get to know that person before they move them into their home. They could look like a night in shining armor when you first meet them, but you don't know.

Starting point is 00:48:45 She also said too many people think these kinds of things could never happen to them, thinking that it can't happen here or can't happen in my family or neighborhood. She wants people to learn from the pain her family suffered and to be more vigilant because it can happen anywhere. Great grandmother, Jean Carlo, felt the same way. She said, these babies are being hurt and they're being hurt by people that were trusted and people that told them they loved them. She hoped other families would learn from their tragedy that Serenity's memory could live on through her story and the other children she could protect. Grandmother Melissa said that men like Joshua pray on young girls who don't have any stability

Starting point is 00:49:24 and no real connections with their family. They pray on females like that. She wanted other young women to be warned against bringing a stranger into their child's life. She said her family wanted to use all of this as awareness and to maybe help protect somebody else's child because if it reaches one person one person in each town imagine how many babies this story saved

The Misery Machine - The Case of Sereniti Sutley

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