Updated August 26.
Aimee Cotton of Oak Bluffs, who previously was indicted for manslaughter and reckless endangerment of a child last September and pleaded not guilty, was indicted for murder last Wednesday in the Dukes County Superior Court, according to court documents.
The incident related to the charge occurred in March 2025, when Cotton allegedly left Frank (“Frankie”) Edward Rodenbaugh unattended in her SUV for roughly three hours outside her home. He suffered hypothermia and died six days later in a Boston hospital.
The new second-degree felony murder charge is separate from the manslaughter and reckless endangerment of a child indictments, as well as the wrongful death lawsuit by Frankie’s parents, Matt and Julie Rodenbaugh, in January of this year, which is currently on pause.
It remains unclear exactly why Cotton was indicted for a second time, now for murder, which involves a higher degree of culpability than manslaughter, and Island lawyers, asked on background, couldn’t speak directly to the reason. The second indictment, however, does raise questions about the strategy deployed to convict Cotton.
Procedurally, however, if the initial charge is manslaughter, there is no opportunity for a jury to raise the charge to murder. Inversely, if there is a murder charge, a jury can decide the defendant is guilty of murder or, to a lesser degree, manslaughter.
“We can confirm the grand jury returned the indictments,” Katie Brunelle, community outreach coordinator at the Cape and Islands District Attorney’s Office, said in an email about last week’s court development. “We will address the matter after the defendant presents herself before the court.”
Courtney L. Scalice was added as the prosecutor for the Cape and Islands District Attorney’s Office for this indictment, also according to court documents.
Cotton’s attorney in her criminal case, Harrison T. Barrow III, declined to comment.
In July, Cotton’s manslaughter case was relocated to Barnstable County Superior Court to acquire more frequent court dates and for the purpose of jury selection.
Cotton had a trial assignment conference scheduled in Barnstable for the manslaughter case on August 14, but it was rescheduled to Oct. 28.
Cotton is also scheduled for an arraignment on her felony murder indictment on Oct. 5, according to court documents.
Editor’s note: Updated to print edition of the story.
How many minutes did the parents spend vetting their child care provider?
Did they check qualifications?
Get references?