ALBANY — A Cohoes man charged with second-degree manslaughter and felony assault in the methamphetamine overdose death of a 6-week-old baby was ordered released from the Albany County jail on Tuesday under supervision of probation officials.

Anthony Ojeda, 38, a native of Mexico, who had been jailed without bail after initially being held on $100,000, cannot leave Albany County and must attend substance abuse counseling. He will be subject to electronic monitoring of his whereabouts and must surrender all passports, County Judge William Carter told the defendant.

“Although the possibility is remote, there is still a possibility that he could flee,” the judge said, noting Ojeda’s husband is from Ecuador.

Ojeda is accused of recklessly causing the death of the infant, Eli Harmon-Ojeda, who had injuries to his ribs and head and had appeared to overdose from ingesting methamphetamine Dec. 3 in the defendant’s Van Vechten Street apartment. He died shortly after arriving at Albany Medical Center Hospital.

Ojeda’s release from jail is a result of the state’s new bail reforms, which took effect Jan. 1. Judges must consider the least restrictive non-monetary conditions when determining whether bail is necessary — if it is even an option.

Judges can no longer set bail for defendants accused of most misdemeanors and nonviolent felonies. Second-degree manslaughter, which carries a maximum of 5 to 15 years in prison, falls into the latter category in New York and is not a “qualifying” offense for bail to be set.

Assistant Public Defender Angela Kelley, the lawyer for Ojeda, later told reporters that given the change in the law it was appropriate to see if Ojeda could be released from custody.

“We’re happy with the outcome. We have no question that Mr. Ojeda is going to return to court and face these charges,” Kelley said. She said Ojeda maintains his innocence and wants an opportunity to be heard in court and make prosecutors prove their allegations.

“This is a very emotional case for everybody involved, including Mr. Ojeda,” Kelley said. “This was his 6-week-old son that died. He’s heartbroken.”

Bail could still have been set for Ojeda because he was also charged with second-degree assault, a felony that carries a maximum of seven years in prison. Assistant District Attorney Caroline Murray asked for bail to be set at $100,000.

The prosecutor hinted Ojeda could face 25 years to life in prison on a future charge — second-degree murder carries such a sentence —depending on what action the grand jury takes. She said she planned to present the case to the grand jury. But Carter countered the grand jury could decide to file no charges. He said he would only consider charges currently presented to him.

The defendant’s husband was in court for Ojeda’s appearance. Kelley told the judge her client left Mexico 25 years ago because of fear for his safety for his sexual orientation. She said he has no intention of ever going back. She said Ojeda has an expired passport.

Ojeda is the latest of more than 15 defendants who have appeared before Carter asking for a change in their bail status because of the new law.

During the court appearance, Kelley told the judge a high bail amount would be the same as her client being jailed without bail being set because of his lack of wealth.

She later told reporters bail was never intended to be a form of preventive detention that keeps defendants jailed until their trials.

“The new statute essentially forces courts to use bail the way it was always meant to be used,” Kelley said, noting that is to ensure the person’s return to court.

In addition to bail reform, criminal justice reforms passed last year require prosecutors to disclose evidence to the defense within 15 days of a defendant’s arraignment.

On Tuesday, Kelley reminded the judge that her client was arraigned Dec. 4. She told the judge she received evidence from prosecutors late Monday — well after the 15-day window. She argued the evidence should have been handed over Jan. 1 when the new law went into effect. Kelley said the late disclosure was “extremely prejudicial” to her client. She said she was not in a position to respond to the evidence and noted that media in the courtroom would only hear one view of the evidence.

Carter said the information was not something he could consider when assessing Ojeda’s release.

Eli was born Oct. 17 at his mother’s home in Troy. The two were brought to a hospital, which prompted the involvement of Rensselaer County Child Protective Services. At some point, Ojeda was given sole temporary custody.

Ojeda was caring for the child full-time while being supported by his husband. The boy had suffered injuries before the overdose.

On Oct. 29, a doctor at Albany Medical Center Hospital contacted CPS to report possible skull injuries, according to police. They said CPS contacted authorities. Detectives were called to investigate, but determined the infant’s bruises didn't rise to the level of criminal charges.

Ojeda had allegedly implicated himself in handling the child roughly on Nov. 2 and Nov. 3. He told investigators he was awakened by the crying child in the crib next to his bed, grabbed him by the chest and forcibly picked him up.

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