Steinberg Won't Try to Maintain Custody of Boy
Steinberg Won't Try to Maintain Custody of Boy
By KIRK JOHNSON
LEAD: Joel B. Steinberg said yesterday that he would not try to seek custody of the 17-month-old boy he had been raising as Mitchell Steinberg, who was returned last week to the baby's biological mother.
Joel B. Steinberg said yesterday that he would not try to seek custody of the 17-month-old boy he had been raising as Mitchell Steinberg, who was returned last week to the baby's biological mother.
Mr. Steinberg's decision, announced through his lawyer, Ira D. London, followed a similar announcement on Sunday by Hedda Nussbaum, who had raised the boy with Mr. Steinberg. As a result, there will be no court contest over whether the boy will be placed permanently with the mother, Nicole Smigiel, and her family unless New York City child welfare officials - who recommended that the boy be placed with the Smigiels - change their minds.
Mr. Steinberg, a 46-year-old lawyer, is charged with murder in the death of another child he was raising, 6-year-old Lisa Steinberg, who was found comatose Nov. 2 in the Greenwich Village apartment of Mr. Steinberg and Miss Nussbaum.
He is also charged with neglect in his care of the boy, who has been named Travis by Miss Smigiel. Miss Nussbaum, who remains hospitalized with injuries that prosecutors say were also inflicted by Mr. Steinberg, has been charged by the police with the same crimes but has not been indicted. Permanent Custody Sought
Miss Smigiel, who is 18 years old, came forward to claim her child last week, arguing that the adoption by Mr. Steinberg and Miss Nussbaum was never completed. Her lawyers have already filed court papers seeking a permanent placement for the boy with the Smigiel family.
Earlier yesterday, Mr. Steinberg entered a plea of not guilty to second-degree murder and manslaughter charges in the death of Lisa, whose given name was Elizabeth, at a brief hearing in State Supreme Court in Manhattan. Mr. London declined to comment on the case except to convey a message from Mr. Steinberg, who remains in jail without bail, to Miss Nussbaum. ''Joel wishes they could be together,'' Mr. London said.
The plea came as documents filed in court by the Manhattan District Attorney's office yesterday reported that Mr. Steinberg had told emergency medical workers and the police before his arrest that he had been ''pounding'' on Elizabeth's chest and shaking her after she stopped breathing early on Nov. 2, but later said: ''What injuries? She was just throwing up.'' According to the documents, Mr. Steinberg - questioned about cuts on his knuckles - also told an officer that he did not realize his hand was injured.
A dispute developed yesterday between attorneys over a statement that Miss Nussbaum was reported to have made to convey to Mr. Steinberg. In the statement, which was released yesterday by Mr. London after Mr. Steinberg's arraignment, Mr. London said he had been told by Miss Nussbaum's lawyer, Barry Scheck, that Miss Nussbaum had conveyed a tender message to her longtime roommate.
''Tell Joel I miss you, I love you, and the truth will set you free,'' Mr. London quoted Miss Nussbaum as saying. Later yesterday, a spokesman for Mr. Scheck, Andrew Farber, said that Mr. London had misconstrued the statement and that it was Mr. Steinberg who had told Miss Nussbaum that the truth would set her free.
Mr. London, in an interview, stood by his version of the exchange with Mr. Scheck.