TOMS RIVER – Breanna Micciolo returned her 6-year-old son Corey Micciolo to his father’s home in Barnegat on April 2, 2021, at 9:03 a.m.
At 3:48 p.m. that same day, Corey’s father, Christopher Gregor, carried Corey’s limp body into the emergency room at Southern Ocean Medical Center. Just over an hour later, at 5:03 p.m., Corey Micciolo was pronounced dead.
A jury now has to decide what happened that day.
Corey’s passing resulted in an investigation and two separate criminal counts filed against Christopher Gregor. The first relates to a documented incident that occurred on March 20, 2021, and led to a charge of endangering the welfare of a child.
Christopher Gregor also stands accused of the murder of his son. He pleaded “Not Guilty” to both counts and rejected a 30-year plea deal.
Sixteen jurors were chosen to hear the evidence in Gregor’s trial, which began on April 30. Only twelve jurors will have the ultimate responsibility of determining Gregor’s innocence or guilt.
Here’s a look back at the first three days of the trial in Superior Court Judge Guy P. Ryan’s courtroom:
Day 1: Opening Statements, Breanna Micciolo Testimony
The prosecution summed up its opening statement by saying that jurors would be convinced that Gregor was guilty of abuse and murder after hearing and seeing the evidence in the case.
“Because healthy six-year-olds don’t die during the course of a business day,” asserted Ocean County Assistant Prosecutor Jamie Schron. “And neither did Corey Micciolo.”
Schron referred to events prior to Corey’s death, highlighting a March 20, 2021 incident captured on surveillance footage in the gym at the Atlantic Heights apartment complex in Barnegat, where Gregor lived with his son.
Corey’s mother, Breanna Micciolo, had expressed alarm over bruises found on Corey’s body and sought an emergent application to change the shared custody order. Corey was also seen in three separate medical facilities the day before his death to evaluate concerns about the perceived abuse.
“They checked his bones. They checked his labs. And shortly after one o’clock in the morning or around there, Corey was discharged,” said Schron. “He was medically cleared for release, because there was nothing wrong with Cory’s lungs; there was nothing wrong with Corey’s bones, and his labs were normal. Cory was fine except for his bruises.”
Breanna Micciolo looks at evidence she is asked to identify by the prosecution. (Photo courtesy Asbury Park Press – Press Pool Photo Used With Permission)
Defense attorney Mario Gallucci elaborated on the gym incident in his opening statement, noting that the footage captured his client putting Corey on the treadmill and ultimately speeding it up. At one point, Gregor increased the treadmill’s speed, causing Corey to fall, and then repeatedly picked him up and placed him back on the running treadmill.
“And I’m gonna tell you right now, you’re not gonna like him,” said Gallucci. “And I don’t care if you like him. When you see that video, you are going to be horrified. You’re gonna be mortified.”
“But I’m telling you right now that the evidence you’re going to see, of Corey’s death had absolutely nothing to do with that treadmill,” Gallucci said.
Gallucci argued that some of Corey’s bruises came from the treadmill incident but were also related to playing football and “boys being boys.”
The defense attorney said that Corey was not murdered and referred to damage potentially caused by lifesaving techniques at Southern Ocean Medical Center done in an attempt to revive him. He also said that medical experts would attribute the child’s death to sepsis caused by an infection and the possibility of pneumonia.
Breanna, now 27, took the stand following opening statements. She revealed she became pregnant with Corey at the age of 16 and identified Christopher Gregor as Corey’s biological father. Gregor, born in 1992, was 21 at the time of Corey’s conception.
Gregor’s paternity remained unconfirmed until Corey was four, when a paternity test prompted by an application for food stamps and health insurance was mandated. Breanna testified that Gregor became involved in Corey’s life when the child was five.
Breanna admitted she used methamphetamine to suppress her emotions in her early 20s. Gregor gained residential custody of Corey in early 2020 and moved into his parents’ house in Monroe with him. Father and son ultimately relocated to live in Barnegat.
An October 28, 2020 family court order granted Breanna and Gregor joint custody. Breanna had completed a drug program, working hard to get clean because she hated living without her son. Gregor received primary residential custody, while Breanna was allotted parenting time.
Gregor was upset when Breanna returned with Corey late on March 20, 2021. He threatened to reduce time from a future visit and told Breanna to drop off Corey at the gym at his apartment complex.
Six-year-old Corey is seen inside stepping onto the treadmill alone and running for several minutes. Gregor goes to another part of the gym and is seen working out and talking on his cellphone.
Ultimately, Corey’s father speeds up the treadmill as the little boy tries to keep up. He falls at least six times as Gregor scoops him back on to the moving treadmill multiple times. At one point, it appears the father leans over and bites his head.
Already suspecting abuse, Breanna is alarmed by the number of bruises she finds when she next sees her son. She contacts New Jersey’s DCPP on March 26, 2021, and files for emergency custody on March 31. On April 1, 2021, Breanna uses her visitation time to take Corey to a pediatrician located across the street from Community Medical Center.
Dr. Ye Kyaw Aung testified about treating Corey Micciolo as an pediatric emergency room doctor from Jersey Shore Medical Center. (Photo courtesy Asbury Park Press – Press Pool Photo Used With Permission)
The pediatrician refers Breanna to Jersey Shore Medical Center – but Breanna opts to go to the closer hospital. She’s worried about returning Corey to his father late. It’s the same reason she also signs Corey out of Community against medical advice when they offer to transport him to Jersey Shore Medical Center. She figures it’s quicker to drive him there herself and immediately does.
Corey maintained a composed demeanor during his interactions with medical staff, with no signs of distress. He was discharged from Jersey Shore Medical Center at 1 a.m. on April 2, where several bruises were documented. Medical tests revealed no evidence of fractures or abnormalities in his bloodwork.
Corey exhibited no signs of distress when his mother dropped him off at Gregor’s home on April 2. The jury heard the audio of a video of Breanna and Corey speaking on the morning of his death outside his father’s house.
Breanna didn’t realize she had inadvertently recorded a video conversation with Corey until the detective investigating the case informed her. In the video, Corey asks why he has to give information about the hospital visit to Gregor. Breanna explains, “Because he’s your other parent.”
At approximately 3:30 p.m., Gregor called Breanna for Corey’s insurance card – saying the boy was lethargic, sleeping excessively, vomiting, and feeling unwell. He planned to take Corey to the hospital but didn’t specify which one. Breanna started to call hospitals to locate her son and even called her local police department for help.
About 6 p.m. that evening, the police stopped at the Micciolo home to deliver the news that Corey had died.
On cross examination, defense counsel asked about her sobriety, and Breanna said she’d had a relapse in December 2020, and then again once or twice in February 2021. She stressed that she never did drugs in front of Corey or when she was with him.
Breanna also admitted that she asked an old boyfriend if he could get her a “bump” when things became stressful on the day Corey died. She denied using drugs that day – and said she has been sober since the February 2021 relapse.
Day 2: Corey’s Teacher And Pediatrics Testimony
The second day of the proceedings occurred on what would have been Corey Micciolo’s tenth birthday.
After continuing cross-examination of Breanna, Corey’s first grade teacher at the Cecil S. Collins Elementary School gave testimony. Due to the pandemic, the school was on a hybrid model with a shortened schedule in place.
Kim Peace recalled Corey as a smart boy who liked the solar system and liked to draw. She primarily communicated with Gregor although she also had some contact with Corey’s mother.
Peace was not in school on March 22, 2021 when other classroom teachers were there. When she returned the next day, Peace noticed a bruise on Corey’s forehead and asked him about it. Corey was unusually quiet, which further concerned the teacher. She also spoke with her colleagues who saw him the day before.
Corey did not appear in class on March 25 and no one contacted the school to report his absence. He appeared virtually on March 29 because Gregor messaged that the other side of Corey’s family had been out of state and attended a mass gathering.
Gregor also reported to the teacher that Corey would be going with him on vacation to Key West. He asked about virtual learning – but the teacher did not assume that was in reference to access while on vacation.
Ultimately, Peace called DCPP and spoke to the worker assigned to Corey’s case to express her concerns.
Dr. Nancy Deacon, a pediatrician who was then working for Ivy Pediatrics was next on the stand. She said she remembered meeting with Corey and his mother as an emergency appointment to evaluate possible child abuse on April 1, 2021 – the day before the young boy died.
Referring to her notes in Corey’s chart, Deacon said that the child’s vitals were all within normal limits as far as his blood pressure, body temperature and oxygen levels.
Corey first said that the injuries to his chest, arm and forehead came from his dad teaching him to throw a football. Subsequently, Corey admitted that he got more bruises when he fell from a treadmill.
An emotional Deacon said she used what she called a body chart to document and mark down the number of lesions she found on Corey. She identified 14 areas of bruises and scratches in various stages of healing distinguished by color.
Deacon, concerned about Corey’s injuries, urged Breanna to take him to the hospital. The doctor stated her preference that Corey go to Jersey Shore Medical Center. However, when Breanna voiced her concerns about getting the child back in time to his father, Deacon communicated with the Emergency Doctor at Community Medical Center.
The pediatrician said she also spoke with the DCPP worker assigned to the case.
William Doyle, a registered nurse assigned to do triage at Southern Ocean Medical Center on the date of Corey’s death, testifies. (Photo courtesy Asbury Park Press – Press Pool Photo Used With Permission)
Day 3: Testimony Of Fact Witnesses Called By Prosecution
A pediatric emergency room doctor from Jersey Shore Medical Center was the first to testify on May 2. Dr. Ye Kyaw Aung said he recalled meeting Corey and his mother but refreshed his memory with the assistance of medical records.
Corey was first examined by a resident doctor who shared her observations with Aung. The doctor said he determined that Corey’s vital signs were within normal limits. There was no respiratory distress or wheezing noted.
A head-to-toe examination of the boy revealed other findings with extensive bruises and scratches noted and documented. The most significant bruise was 5×5 cm and located by Corey’s sternum.
Assistant Prosecutor Christine Lento asked Aung to identify the location of each of the bruises, abrasions, and scratches on Corey’s body. Aung said that the bruises indicated that there was bleeding under the skin – some for a short time and others for a longer period.
When asked about the results of lab work, Aung said that there was no evidence of infection. A skeletal survey did not show any evidence of any prior fractures. A chest x-ray taken among the 19 x-rays did not reveal any infiltration and Corey’s lungs were clear.
Corey was medically discharged from the hospital because he did not have an acute medical emergency condition. He was referred to the Child Abuse team for evaluation and Corey’s DCPP caseworker advised of the plan.
Next on the witness stand was Richard Cicerone, a screening worker for DCPP who took an intake call that Christopher Gregor made to the Division’s child abuse hotline.
Cicerone acknowledged he spoke with a person who identified himself as Chris Gregor on April 2 and called the hotline at 10:04 a.m. The recorded call was played for the jury.
“He was supposed to be home at 7:30 last evening,” Gregor said. “His mother refused to leave his side and I was not able to be there for my son.”
Gregor said that Corey told DCPP twice recently that his bruises came from playing football with his father and expressed his concern that Breanna Micciolo was coaching Corey to say he’d been abused by his father.
“I want it documented that when he came home one of the first few things he said was ‘I don’t want to go with my mom anymore,’” shared Gregor. “And he also said that ‘mom told me to lie, and I had to lie.’ That’s a huge concern of mine.”
Detective Sergeant Matthew Scutti of the Ocean County Sheriff’s Crime Scene Unit provided testimony concerning investigation of the scene, which began at Southern Ocean Medical Center after Corey’s death.
The unit also secured the scene at Gregor’s apartment since it was the last place where Corey was before his death. They turned over a dog at the home to local authorities and did a cursory search of the residence. A strong smell of vomit emanated from Corey’s bedroom.
Scutti identified several photographs ultimately taken of Gregor’s apartment, including soiled clothes found underneath a plastic bag in a garbage can. These included Corey’s sweatshirt that appeared wet from vomit, as well as his underwear and jeans that were soiled with fecal material.
The Crime Scene Unit also went to the Micciolo home in Englishtown and searched the house for anything out of the ordinary.
An autopsy of Corey was conducted in the presence of Scutti and representatives of other law enforcement agencies. Photographs were taken as the medical examiner conducted the autopsy. A set of graphic photographs was shown in the court that not only showed bruising but also Corey’s heart and liver.
People in the gallery were visibly upset when the pictures were shown. Gregor himself became emotional and began shaking his leg uncontrollably.
“On April 6, we sent officers down to Alcoa, TN to process Mr. Gregor’s car,” said Scutti. “We were advised by members of the investigative team from the Prosecutor’s office and the Barnegat Police Department that Mr. Gregor’s car had been stopped with him in Tennessee and then seized into evidence down there.”
The Crime Scene Unit went to Sea Bright to the apartment where they believed Gregor was staying on March 9, 2022. The tenant Laura Powell’s residence was searched, and police seized three flip phones, an Apple iPhone and iPad, a Dell laptop and a PlayStation.
Trial testimony ended May 2 with William Doyle, a nurse practitioner who was a registered nurse assigned to do triage at Southern Ocean Medical Center on the date of Corey’s death.
Doyle said he was in the hospital waiting room talking to another patient when Gregor came in with Corey in his arms with the child’s legs dangling. Positioned close to the door, Doyle asserted that no urgent sounds drew his attention away. However, a registrar approached him, urging Doyle to examine Corey.
“Corey was in Chris’s arms,” described Doyle. “His arms were over Chris’s shoulders. His legs were dangling, and his arms did not look like they had much motion to them.”
With Corey’s face obscured against Chris’s shoulder, Doyle relied on Chris to convey any sense of urgency or distress. He categorized Chris’s response as a clinical description of the situation. Doyle would have spoken to Corey, but he was not making any sounds.
Breanna Micciolo looks at evidence she is asked to identify by the prosecution. (Photo courtesy Asbury Park Press – Press Pool Photo Used With Permission)
“What I could tell was that there wasn’t a lot of spontaneous movement coming from Corey,” Doyle testified. “He was not really moving on his own. He appeared to have a lack of tone to his muscles.”
Gregor informed Doyle that earlier in the day Corey’s mother had returned the child to him. Corey had undergone a medical evaluation at Jersey Shore University Hospital before being discharged.
“Chris told me earlier that day that Corey was pretty loopy and pretty drowsy, and he put him to bed,” added Doyle. “And when all that time passed and he was still fatigued and not himself, that’s when Chris brought him into the ER.”
Ultimately, Corey tilted his head back and his eyes went to the back of his head. Doyle rushed father and son to a room. Medical personnel all began to work on the child.
“We placed him on a heart monitor,” Doyle said. “Before that, we took off his clothes, and that’s when I noticed the bruise on his chest.”
Corey was pronounced dead at Southern Ocean Medical Center at 5:03 p.m. on April 2, 2021.
The prosecution will continue to present its case on Tuesday, May 7.
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