Rensselaer man who raped, murdered 3-year-old dies in Elmira prison

ELMIRA, N.Y. ( NEWS10 ) — The man who admitted to raping and murdering a 3-year-old girl has died in prison. Robert Fisher was pronounced dead around 1:50 a.m. Tuesday at Elmira Correctional Facility, according to the Department of Corrections.

Fisher pleaded guilty in July to raping and murdering a child in 2023. The 34-year-old admitted to drugging, sexually assaulting, and killing 3-year-old Josefina “Josie” Cunningham while he was babysitting the child at her home in Rensselaer.

He was sentenced in September to 20 years to life in state prison. An official cause of death has not yet been revealed and will be determined by the Chemung County Medical Examiner’s Office.

“Justice is served,” said Jy’Quan Stewart, brother to 3-year-old Josefina Cunningham. “I still plan on keeping Josefina’s memory alive. Instead of trying to reinstate the NYS Death Penalty, I am going to try to get it as a federal law in all 50 states.”

Stewart wants to call it “The Josie Act,” which would allow families of victims of heinous crimes a choice to have the convicted put to death.

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