Glamorous PhD student Nicole Virzi's shock at learning she may now face death penalty: 'Did not believe this would happen'

A PhD student accused of murdering her friend's six-week-old baby was surprised by the prosecution's decision to pursue the death penalty if she's convicted.

Nicole Virzi, 29, is in custody awaiting a pre-trial conference, charged with murdering Leon Katz while she was babysitting him at the family's Pittsburgh home in June.

Her attorney David Shrager told DailyMail.com he had discussed with Virzi the possibility that the state would pursue the death penalty, but he wasn't expecting it to happen.

'I did not believe [it] was going to happen,' he said. 'Obviously we discussed this as a possibility... I was aware it could.'

Virzi took the news 'as well as can be expected,' he said, noting it was 'obviously very difficult news and not what we were hoping was going to happen'

Police allege she is responsible for inflicting a fracture to Leon's skull and several bleeds on the brain picked up by a CT scan

Virzi took the news 'as well as can be expected,' he said, noting it was 'obviously very difficult news and not what we were hoping was going to happen.'

In spite of the shock, Mr Shrager said both he and his client are 'confident in our defense of the case.'

'She looks forward to having an opportunity to tell her truth,' he said.

Mr Shrager said he alerted Virzi's family as soon as he found out about the prosecution's decision, describing it as another 'difficult conversation.'

'But they're remaining positive,' he said.

Virzi's family will be at her next court appearance, scheduled for September 13, as they prepare to 'support their daughter fully and completely, 100 per cent.

'They have been very clear that they love their daughter and will stand by her,' he said.

Her attorney David Shrager told DailyMail.com he had discussed with Virzi the possibility that the state would pursue the death penalty, but that he wasn't expecting it to happen

Nicole Virzi, 29, is in custody awaiting a pre-trial conference, charged with murdering Leon Katz while she was babysitting him at the family's Pittsburgh home in June

Police allege she is responsible for inflicting a fracture to baby Leon's skull and several bleeds on the brain picked up by a CT scan. She's also accused of injuring Leon's twin brother Ari, who survived. 

Court documents filed last week show the Allegheny County District Attorney’s Office is seeking the death penalty against Virzi.

The filing, which laid out the reasons for seeking the death penalty, reads: 'The defendant committed the killing while in the perpetration of a felony. The offense was committed by means of torture.'

Virzi was a 'trusted friend' of the babies' parents Ethan Katz and Savannah Roberts who was watching the twins while on her college break.

Virzi was a 'trusted friend' of the babies' parents Ethan Katz and Savannah Roberts who was watching the twins while on her college break 

Police allege she told cops she'd gone into the kitchen to get one of the twins a bottle when she suddenly heard screaming. When she returned she said the baby had fallen out of his bouncer chair. She then called 911.

She spotted an injury to Ari's groin area, notified his parents and continued to babysit Leon as they took Ari to UPMC Children's Hospital of Pittsburgh to get the injury assessed.

According to court filings, a doctor told investigators 'the injuries sustained by both (twins are) consistent with having been sustained as a result of child abuse, as these are inflicted injuries that are not natural and not accidental.'

Virzi maintains her innocence.

According to court filings, a doctor told investigators 'the injuries sustained by both (twins are) consistent with having been sustained as a result of child abuse, as these are inflicted injuries that are not natural and not accidental.'

Mr Shrager said Virzi is trying to remain positive in custody and managing as well as can be expected as she awaits her day in court.

'She's using her time in there productively and is making the best of the situation as she's able,' he said. 'Her parents... they visit her frequently.' 

Virzi is a PhD student focusing on behavioral medicine. According to her UC San Diego bio, her 'research aims to explore the complex interplay between psychological factors—such as depression, stress, negative affect, and trauma— and critical health outcomes and behaviors.'

'I am particularly interested in exploring these relationships within female and trauma-exposed populations. By concentrating on these relationships, my research aims to shed light on the unique challenges and opportunities for intervention within these vulnerable groups,' she said.