Proceedings of a wrongful death lawsuit brought against Aimee Cotton, 42, are on pause after her attorneys filed a motion to stay the case, citing her ongoing criminal charges that stem from the same incident.
The motion submitted by Cotton’s attorney, Marielise Kelly, contended that continuing with discovery in the civil case would violate Cotton’s constitutional rights while her ongoing criminal case for manslaughter continued.
Cotton had a status review for her case with the state Wednesday, July 8, in the Dukes County Superior Courthouse in Edgartown. At the session, another of Cotton’s attorneys, Harrison T. Barrow III, and the district attorney Courtney Scalice agreed with Judge Peter B. Krupp’s decision to relocate the trial, to acquire more frequent court dates and for the purpose of jury selection, to Barnstable County Superior Court. There is a trial assignment conference in Barnstable on August 14, for which Cotton will likely appear via Zoom.
As the criminal case continues off-Island, the civil suit is on hold until after its conclusion. “Defendant’s constitutional right to avoid potentially self-incriminating testimony will be infringed if discovery in this case proceeds without a stay, and defendant is required to admit facts, answer discovery, and provide deposition testimony,” the motion, approved on June 22, submitted by Kelly stated. “This motion is made pursuant to the Fifth Amendment to the United States Constitution, the 14th Amendment to the United States Constitution, and Article 12 of the Massachusetts Declaration of Rights.”
Cotton’s court proceedings, including her ongoing criminal case for manslaughter, stem from an incident that occurred in March 2025.
Cotton was indicted in September 2025 on charges from the incident on March 13, when she allegedly left 2-year-old Frank (“Frankie”) Edward Rodenbaugh and a 1-year-old girl unattended in her vehicle for more than three hours outside her home. Frankie would die days later at Massachusetts General Hospital in Boston. Cotton remains free on bail.
In civil cases, parties typically engage in a process called “discovery,” which can include depositions, document requests, and other exchanges of information. Defendants must respond to these requests. The motion from Kelly argues that proceeding with the civil lawsuit while the criminal case is ongoing could force Cotton to provide testimony or evidence that could incriminate her in her separate criminal prosecution, which violates the Fifth Amendment.
The civil complaint, filed by the Rodenbaughs against Cotton on Jan. 28 of this year, is a separate lawsuit from the state’s ongoing criminal case against her. According to the civil complaint, the Rodenbaughs are seeking $260,000 plus additional punitive damages in compensation and justice for the damages and loss they suffered as a result of Frankie’s death.
“Our advocacy for Frankie does not depend on any single court date. It has not stopped, and will not stop,” Matthew Rodenbaugh said in a statement to The Times. “Frankie’s case deserves the fullest measure of accountability the law allows, and we expect the prosecution to pursue exactly that. Deterrence matters. Families across this Island need to know that what happened to Frankie carries real consequences. We will not rest until there is justice for Frankie.”
Editor’s note: This article was updated to reflect the most recent news following Aimee Cotton’s status review at the Dukes County Courthouse on Wednesday.