In June, UC San Diego grad student Nicole Virzi was babysitting one of her friend’s 6-week-old twins when she called 911. She told police that the baby, Leon Katz, had fallen from his bassinet and bumped his head. Leon was rushed to the hospital and later pronounced dead. Virzi maintains that the incident was an accident, but the next day, she was charged with homicide and aggravated assault. Prosecutors believe Virzi is also responsible for injuries sustained by Leon’s twin brother, Ari. If convicted, she could face the death penalty.
Here’s everything we know about the case:
Who is Nicole Virzi?
Virzi is a 30-year-old fifth-year Ph.D. student studying behavioral medicine at the University of California, San Diego. Her research focuses on how “depression, stress, negative affect, and trauma” in vulnerable groups impacts physical health and behavior, like heart disease and exercise, according to her bio on the university’s website. According to her lawyer, she was a “longtime friend” of the twin’s parents and has no criminal history.
What happened to Leon and Ari Katz?
In mid-June, Virzi was visiting the twin’s parents, Ethan Katz and Savannah Roberts, in their Pittsburgh-area apartment. According to a criminal complaint reviewed by the San Diego Union-Tribune, Virzi says she noticed that Ari’s genitals were swollen and that he had blood in his diaper, and she notified his parents, who rushed the baby to the hospital. Virzi stayed behind to look after Leon, and later that evening she called 911 to report that he had fallen and bumped his head. Paramedics brought Leon to the hospital, where he was pronounced dead the next morning.
According to Virzi, Leon’s fall was an accident. She later told police that she had not strapped Leon into the bouncer chair — though CNN points out that Virzi referenced a “bassinet” on the 911 call — when she left the room to grab a baby bottle. She then heard him scream, according to the criminal complaint, and found him on the floor. Virzi told a 911 dispatcher that Leon was conscious but struggling to breathe. However, prosecutors believe she was responsible for the infant’s death. The medical examiner’s investigation found that Leon had a severe skull fracture and multiple brain bleeds, ruling his death a homicide caused by blunt-force trauma. Doctors who evaluated the baby said his 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,” according to WTAE. Police said Virzi had no “plausible explanation” for the severity of his injuries, according to the Pittsburgh Post-Gazette, especially since detectives noted that the bouncer chair was just 18 inches from the floor.
Prosecutors also allege that Virzi was responsible for Ari’s injuries. While Virzi told police that she saw Ari scratch his face while flailing in his car seat, the medical experts who treated the baby said he had scratches, bruising, and swelling on his face, belly button, and genitals — injuries they concluded were “unnatural and suggested abuse,” according to the Independent. Katz and Roberts denied any wrongdoing and told police that Virzi had been alone with the baby right before telling them about the genital injury and that they did not see either of their sons get injured. Neither of the twins’ parents have spoken publicly about the case.
What has Virzi been charged with?
Virzi has been charged with homicide, aggravated assault, and child endangerment. On July 24, she appeared in handcuffs before a courtroom filled with friends and family of the twins’ parents, where her lawyer, David Shrager, maintained her innocence. “My client is absolutely emotionally devastated for the family. Those were her close friends, and she’s in a great deal of pain,” Shrager said. He added that no one should jump to conclusions based on the available information. “There is a general misunderstanding of what transpired in the public,” he said. “And we ask that people wait until they’ve heard all the facts to resolve their thoughts on this matter.”
According to CBS, she waived her right to a hearing and plans to plead not guilty at trial.
Why might Virzi face the death penalty?
On August 23, prosecutors filed a legal notice that they will pursue the death penalty in the case against Virzi. To justify this rare move, the DA’s office cited four factors, including the fact that Virzi allegedly tortured a victim who was under 12 years old. In a statement e-mailed to the Cut, a representative from the DA’s office said the decision was made “only after careful and serious consideration of whether we believe we have evidence beyond a reasonable doubt that the Aggravating factors outweigh potential Mitigating factors.” Shrager told the Daily Mail he was shocked by this decision and that his client took the news “as well as can be expected.”
While Pennsylvania is one of 27 states where capital punishment is still legal, there have been no executions since 1999 and Governor Josh Shapiro has advocated for abolishing the death penalty. There are currently no women on death row in the state.
Virzi is being held in the Allegheny County Jail without bond. Shrager told the Daily Mail that Virzi’s family “support their daughter fully and completely, 100 per cent.”
We reached out to Virzi’s lawyer and the DA’s office for comment and will update this post if we hear back.
Correction: A previous version of this story incorrectly stated that the twins were six months old.
