TROY, N.Y. - A Troy man, who was in charge of watching a toddler the night he died, was in city court on Friday to determine his sex offender status.
In April 2010, 28-year-old Robert Hayden pleaded guilty to a sex crime against an 11-year-old girl. On Friday, he was determined a Level 1 Sex Offender with the New York State sex offender registry.
Hayden is also connected to the death of 21-month-old Avery Cahn, a Troy toddler who died the night of January 7th under Hayden's care.
NEWS10 spoke with Avery's mother, Shannon Pozniakas, on Friday who was in court to face Hayden over the death of her son, and also to make sure no one forgets his 11-year-old female victim of sexual abuse.
Pozniakas says she trusted Hayden to babysit her toddler son while she was working. But, when she returned to her Griswold Heights apartment, she found Avery dead and all alone. Troy police say they found Hayden later wandering the area.
Police say Hayden is cooperating with the investigation and is not facing charges at this time. Police are still waiting on toxicology results from Avery's body to see if he will be charged at all.
Police also say there is no indication of any kind of sexual nature in the case of Avery's death.
As Hayden made his way into court Friday afternoon, NEWS10 asked him what happened to Avery and why he left him alone. He had no answer and simply walked inside.
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