Bail Request Of Steinberg Is Rejected
Bail Request Of Steinberg Is Rejected
By RONALD SULLIVAN
LEAD: Joel B. Steinberg was denied bail yesterday by Acting Justice Harold J. Rothwax on the grounds that the ''defendant probably is guilty, probably will be found guilty and therefore probably will be sentenced to life imprisonment'' for the death of 6-year-old Lisa Steinberg.
Joel B. Steinberg was denied bail yesterday by Acting Justice Harold J. Rothwax on the grounds that the ''defendant probably is guilty, probably will be found guilty and therefore probably will be sentenced to life imprisonment'' for the death of 6-year-old Lisa Steinberg.
Justice Rothwax ordered that Mr. Steinberg continue to be jailed on Rikers Island until his trial in September on second-degree murder charges.
After the strongly worded opinion, Mr. Steinberg, who had been smiling earlier, slumped briefly at the witness table and his 81-year-old mother, Charlotte, snapped at the judge from her seat in the courtroom: ''He's not guilty, I know that.'' 'Created a Furor'
The judge's denial of bail also precipitated a sharp and abrupt confrontation between Justice Rothwax and Mr. Steinberg's lawyer, Ira D. London, who criticized the judge for failing to supress damaging prosecution evidence against his client.
Mr. London said the prosecution's portrayal of Mr. Steinberg as a violent cocaine addict who plotted to manufacture the drug and to blackmail legal clients had ''created a furor'' in newspapers and on television and had further diminished Mr. Steinberg's chances of obtaining a fair trial.
''No, no, Mr. London, you opened the door,'' said Justice Rothwax, his voice rising in anger. Carrying Out a Duty
''You knew that I would have to pass on the strength of the case and the probability of Mr. Steinberg being convicted,'' he said. ''Do not pretend to me now that all of this comes as a surprise to you.''
''I am carrying out a duty that I could not escape because you were determined to go ahead with this bail application,'' he said, adding that Mr. London knew the prosecution would be legally permitted to introduce all kinds of damaging evidence pertaining to his client's character, reputation and habits.
When Mr. London walked toward the bench and complained again, Justice Rothwax shouted:
''Now just stop. You have made your motion. If you don't like my decision appeal it, but this proceeding is now at an end.''
Mr. London said afterward that he ''was not surprised'' by Justice Rothwax's denial of bail and would seek to have it reviewed by another court.
In his arguments to the court, Assistant District Attorney John McCusker repeated evidence disclosed by the court on Friday that described Mr. Steinberg as a drug addict who would flee if released on bail.
''He is a 47-year-old man who faces 15 years to life imprisonment,'' Mr. McCusker said. Strong Likelihood of Conviction
Mr. London said he had testimony from Dr. Michael Baden, a former New York City Chief Medical Examiner, that Lisa's injuries might have been caused accidentally.
Mr. McCusker said that Dr. Baden's evidence was based on a reading of an incomplete autopsy report.
''There is a strong likelihood of conviction,'' Mr. McCusker said. ''We will rule out that Lisa Steinberg died any kind of accidental death. We intend to prove Joel Steinberg beat Elizabeth Steinberg to death.''
In requesting Justice Rothwax to deny bail, he said ''the defendant has no life in New York, no place to return.'' He also said that Mr. Steinberg repeatedly battered his longtime companion, Hedda Nussbaum, who remains hospitalized from her physical and emotional injuries.
Mr. Steinberg and Miss Nussbaum illegally assumed custody of Lisa in 1981 and never adopted her. She was found injured and comatose in their Greenwich Village apartment on Nov. 2., and died two days later. Evidence and Charge Weighed
Although Miss Nussbaum was also charged in Lisa's death, prosecutors are considering dropping the charge because she was a victim, too.
Justice Rothwax agreed, saying that a reading of the grand jury's indictment of Mr. Steinberg ''satisfied me of a strong probability he will be found guilty.'' He said he reached his decision after weighing the seriousness of the charges and the weight of the evidence against Mr. Steinberg.
On several trips to court from Rikers Island since his arrest on Nov. 2, Mr. Steinberg has been doused with urine by fellow prisoners riding with him in a prison bus.
As a result, city Correction Department officials said special precautions were now being used, such as placing Mr. Steinberg behind a protective plastic shield in a bus every time he comes to court.