Five months later, we still do not know why Robert Fisher, the man who raped and killed a 3-year-old girl in Rensselaer, died in prison.

Fisher had just begun serving a sentence of 20 years to life for killing Josefina Cunningham in July 2023. NewsChannel 13’s Mark Mulholland was first to report on Oct. 23 that he died. He was sentenced on Sept. 10 and entered prison on Sept. 23, according to the state prison database.

The Department of Corrections and Community Supervision on Oct. 24 confirmed in an email to NewsChannel 13 that Fisher, 35, died on Oct. 22 at around 1:50 a.m. at Elmira Correctional Facility in Chemung County.

A spokesperson for State Police Troop E, which includes Chemung County, said on Monday that the cause of death is still under investigation, and they are waiting on toxicology reports and a determination by the Chemung County Medical Examiner’s Office.  

NewsChannel 13 has been trying to get answers on this case for months.

DOCCS has said that the official cause of death is determined and released by the Chemung County Medical Examiner’s Office. DOCCS cited three specific sections of County Law that “leaves it to coroners and medical examiners to determine if results will be released and to whom.”

After repeated messages to Chemung County went unanswered, NewsChannel 13 on Jan. 25 filed a Freedom of Information Law request for the autopsy report. Chemung County finally responded on March 26 by sending the FOIL form back with the boxes checked off saying the request was “denied,” and the reason being that it is “exempt by other statute.”

NewsChannel 13 also continued to reach out to State Police. On Jan. 23, they said the investigation was still pending and provided that update on Monday.

The Department of Corrections and Community spokesman also has cited policy that: “Any death that appears to be from other than natural causes or a known medical condition is thoroughly investigated by New York State Police and DOCCS’ Office of Special Investigations. All deaths in DOCCS’ facilities are reviewed by the State Commission of Correction.”

NewsChannel 13 on March 7 filed a FOIL request for “any and all correspondence between the Chemung County Medical Examiner’s Office and the Department of Corrections and Community Supervision regarding the death of Robert Fisher, an incarcerated individual at Elmira Correctional Facility.”

NewsChannel 13 has learned the cause for other inmate deaths. William Brand, another prisoner at Elmira Correctional Facility, died the same day as Fisher. State Police told NewsChannel 13 that Brand died from a medical event.

However, we also still do not know the cause of death for Zechariah Squires, 34, who died in February at Coxsackie Correctional Facility. Squires, formerly of Coeymans, was serving a sentence of 7 years in prison. He pleaded guilty in March 2021 to second-degree strangulation and torturing or injuring animals.

A FOIL request sent to Greene County on his cause of death was denied. The county cited a portion of County Law that states “coroner records shall only be furnished, upon application, to the personal representative, a spouse or next of kin of the deceased.”

The cause of death for other inmates have been released because criminal charges are being filed. The cause of death for Robert Brooks was a homicide. He was seen on video being beaten by correction officers at Marcy Correctional Facility. Ten staff members at Marcy Correctional Facility are charged in connection with his death.