Somerset Mom Pleads For Justice After Toddler Drowns In Babysitter's Pool

SOMERSET, NJ — Nilda Sanchez has remained silent for nearly two years since her 2-year-old daughter Alani Sophia Holmes drowned in her babysitter's pool. But now that authorities have declined to charge Zaira Alcantara, Sanchez is speaking up.

Sanchez reached out to Patch to share her story and ensure this doesn't happen to another family.

"I know nothing will bring me back my daughter, but she deserves justice. She will not be a case that is just thrown in a box," said Sanchez.

On May 12, 2022, Sanchez dropped Alani at Alcantara's home on Kee Avenue in the Somerset section of Franklin Township as she had many times before. Sanchez said she used to drop Alani at the house regularly, with other children there as well, when she would have to go to work as a maid.

State records indicate the babysitter's address is not registered as a licensed daycare facility. An OPRA request filed by Patch to the Township to see if any violations were filed against the address showed "there are no responsive record(s)" to Patch's request.

Authorities would not give a direct answer on whether the home was investigated for running an unregistered daycare facility.

"The tragic circumstances leading to the death of Alani Sophia Holmes were properly investigated by Franklin Township Police and the Somerset County Prosecutor’s Office," Somerset County Prosecutor's Office Chief Frank Roman told Patch in response to an inquiry. "As a result of this investigation, no criminal charges were brought forward. All of law enforcement express their deepest condolences to the family and friends of Alani."

Story Inconsistencies

Sanchez also expressed her unhappiness on how authorities handled the investigation.

At 5:41 p.m., Franklin Township Police were called to the home to find Alcantara performing CPR on Alani, who was not breathing, according to the police report.

In a police report filed by Leonard Bird, Alcantara said Alani was outside with other children on the back deck that is attached to an above-ground pool.

In a body cam video obtained by Sanchez's lawyer Craig Rothenberg of New Brunswick, the pool is surrounded by a spindle fence and a locked gate with a planter pot near it. Alcohol bottles and cleaning products could also be seen on the video sitting on tables on the deck.

In the police report, Alcantara said one of the kids needed tending to for a diaper issue, and she took that child into the residence and left Alani.

"Zarira further relayed that she was unable to locate her for a few minutes and alerted other family members to assist her, but soon found her in the swimming pool," according to the police report.

However, another police report by Officer Alexander Sodbinow (who is no longer on the force) details what he watched on a video from the surveillance camera on the deck of the property.

His observations include:

• 5:05 p.m. - The babysitter goes to the front door to meet with a parent of another child.
• 5:06 p.m. - The victim is on the left-side corner of the deck behind a plant.
• 5:09 p.m. - A hand is visible sticking out of the swimming pool water.
• 5:37 p.m. - The babysitter jumps into the swimming pool and locates the victim on the bottom of the swimming pool.

According to Sodbinow's report, it took Alcántara about 30 minutes to find Alani.

Alcántara's husband and a friend were working in the backyard near the children, however they did not hear anything because of the music on the radio and the tools they were using, according to the police report.

At 5:41 p.m., the Franklin Police were called to respond to the home. Alani was rushed to a hospital and pronounced dead on May 13.

Sanchez expressed her disappointment in authorities for not investigating Alcántara's statements about her whereabouts during the drowning further.

According to police reports, stated above, Alcántara said to one officer she was helping a child with a diaper and told another officer she went to meet a parent at the door.

Additionally, Sanchez said Alcántara has never "formally apologized" to her.

A request for comment from Alcántara was sent from Patch to her attorney, the Law Office of Hector Rodriguez, but it was not returned.

Sanchez also claims the police or the prosecutor's office never interviewed her in person.

"They never called me into a meeting, everything was over the phone," said Sanchez. "The only meeting I had was on Dec. 29, 2022, when they told me they weren't pressing charges."

At that meeting, Sanchez said she was able to watch the surveillance video.

She "expressed disagreement" to the prosecutor's office's decision not to press charges.

"I didn't understand how they were not pressing charges," said Sanchez. "I was devastated, not really angry, but devastated by their decision."

Since the SCPO's decision, Sanchez said she was left with no choice but to file a lawsuit against Alcántara, which was filed this past January. Read More: Parents Sue Babysitter After Toddler Drowns In Pool In Somerset County

My Baby 'Suffered A Lot'

Sanchez is speaking up now because she wants "to make sure the Somerset County Prosecutor's Office takes a closer look. I am not satisfied for [Alani]. My baby suffered a lot, or at least her body did."

Sanchez and her attorney, Rothenberg, said they believe multiple issues should be taken into consideration including alcohol bottles that were present, an active construction project going on near the children, loud music, an uncovered pool, and a giant planter next to the fence.

They also said they believed her case didn't get the attention it deserved because of her nationality and race.

"I'm just a simple maid. If it was a different family making a lot of money... but I am Spanish and Black. I came to this country with hopes to raise my kids with a better life," said Sanchez.

"This type of thing has a disparate impact on lower socioeconomic communities for those that have to resort to using in-home daycares because it is affordable. But there are no consequences for reckless endangerment of a child," said Rothenberg. "There is a disparate impact on poorer communities. Would the outcry be different in a different community?"

Sanchez, who suffers from PTSD and depression, said there are still days she physically can not get out of bed. Despite that, she said she would not stop fighting for her baby.

"I want justice. Alani was a U.S. citizen, born here. Every child deserves to be protected. How can I protect her if she can't get justice?" said Sanchez.

As the anniversary date of Alani's death approaches on May 13, Sanchez remembers her beautiful smile.

"She was always smiling. Even when she was fighting with me, she was smiling. She loved to watch Cocomelon and pick flowers in the garden," said Sanchez. "There are so many memories. She loved to sit down and read books... She would point to images and pretend to read."

Sanchez hopes that by speaking up, she can get authorities to take another look at her death and bring justice for her daughter.

"I sacrificed so much to raise my kids," said Sanchez. "It feels like my daughter's life wasn’t worth it to them… I speak from the heart of a mother that was left broken."

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