Early on the morning of July 7, 2023, police responded to a call at the home in Rensselaer, New York, that my mother shared with her then boyfriend, Robert Fisher, and my 3-year-old little sister, Josefina Catherine Cunningham.
On July 9 of this year, about a year after that horrible morning, Fisher, 34, pleaded guilty to second-degree murder and first-degree rape in the attack on Josie. The details of Fisher’s crime have been hard for me to accept.
Fisher admitted to giving Josie Clozapine, an anti-psychotic with dangerous side effects, and Xanax, an anxiety drug, from my mother’s prescription bottles, and then raping and killing her. He admitted to wiping my little sister down with Clorox bleach in an attempt to clean up the evidence.
When my mother called 9-1-1 saying Josie was unresponsive, police arrived and told everyone to exit. Fisher’s defiant denial of involvement as he was forcibly restrained by the police and his initial plea of not guilty at the Rensselaer County Courthouse on August 2, 2023, starkly highlight the injustice we confront. I have been focused on propelling this personal tragedy from local anonymity to national prominence.
Federal statistics show that child homicide rates are rising and the increase is highest for Black children. Between 1999 and 2000, the numbers of homicides of Black children in the United States rose almost 33 percent, according to the Department of Justice.
Throughout this past year, I’ve been working towards finding justice for Josefina. Just when I thought I’d seen it all, Robert Fisher unexpectedly pleaded guilty two weeks before the murder trial, admitting to everything. But amid the whirlwind of legal proceedings, the heartache remains raw.
FIRST PERSON: Honoring the member of my baby sister, who was raped and murdered
Dealing with the loss of my sister, coping with the upheaval in my family—it’s a daily struggle. School and work feel like distant priorities as my thoughts continually return to that devastating day in July 2023.
The image of yellow tape around my mother’s house in Rensselaer, a small city near the state capital of Albany, Officer McCoy standing guard like a sentinel, meeting Det. Sgt. Michael Deso at Albany Medical Center, where Josie was pronounced dead, trying to comprehend the incomprehensible—it’s all etched in my mind. This entire ordeal has shattered me. Healing feels elusive, especially when I think of Josefina—her presence, her absence, and all the dreams we shared. Each day is a battle to reclaim what was lost.
Fisher will be sentenced Aug. 6 at Rensselaer County Court and will likely face 20 years to life. This means that in 20 years, his case will be reviewed, and he may be released. New York State abolished the death penalty in 2004, deeming it unconstitutional. However, I believe that those who commit such heinous crimes deserve the ultimate punishment.
I reached out to a local elected official about reinstating the death penalty, but my plea fell on deaf ears. My next step is to press for the return of capital punishment in this state. While I acknowledge that some people have been wrongly convicted due to our flawed justice system, in cases like my sister’s, the evidence is irrefutable.
We have solid proof—DNA, witness testimonies, phone records, and thorough vetting and character testimonies. Justice must be served, and for that, we need to ensure the system can effectively distinguish the innocent from the guilty, and mete out the appropriate punishment for those who have committed the most egregious of crimes.
