Steinberg Companion Willing to Testify in Girl's Death

Steinberg Companion Willing to Testify in Girl's Death

By RONALD SULLIVAN

LEAD: Hedda Nussbaum is willing to end her silence and testify against Joel B. Steinberg in the death of Lisa, the 6-year-old child they had raised, the woman's lawyer says.

Hedda Nussbaum is willing to end her silence and testify against Joel B. Steinberg in the death of Lisa, the 6-year-old child they had raised, the woman's lawyer says.

At the same time, Robert M. Morgenthau, the Manhattan District Attorney, said that he was ''seriously considering'' dropping second-degree murder charges against Ms. Nussbaum and that he was considering using her as a prosecution witness.

Prosecutors are close to concluding that Ms. Nussbaum did not kill the girl and was so emotionally and physically battered by Mr. Steinberg, a 46-year-old lawyer, that she was unable to prevent the child's death, top officials in Mr. Morgenthau's office said.

Lisa was found severely bruised and unconscious in the couple's Greenwich Village apartment on Nov. 2. She died two days later. Her death drew intense publicity, spurring many questions about efforts to prevent child abuse in New York. Member of a Cult

The officials said they believe Ms. Nussbaum, 45, would be the strongest witness, although her psychological condition would probably be an issue at the trial, which is not expected to begin until late this year.

Ms. Nussbaum's lawyer, Barry Sheck, said she is a patient in a private psychiatric hospital in upstate New York, and is being treated for what physicians there describe as a severe emotional and physical trauma inflicted over a long period. But he said, ''Hedda wants to testify and we're hopeful she will be a prosecution witness.''

And as Ms. Nussbaum was being treated, new details began to emerge about her life. According to hospital records recently obtained by The New York Times, Ms. Nussbaum was treated for severe injuries at Bellevue Hospital Center in 1984, and she told hospital staff that she was a member of a cult that forced her to have sex with men. She also said Lisa, who was 2 1/2 years old then, was forced to engage in sexual practices with a 6-year-old boy. Mr. Sheck now discounts those statements. According to the hospital's records, a physical examination of Lisa at the hospital showed no signs of sexual or physical abuse. 'Svengali-Like Power'

''There never was a cult like she said,'' Mr. Sheck said. ''The cult in this case was Joel Steinberg himself.'' Mr. Sheck said Mr. Steinberg wielded a ''Svengali-like power'' over Ms. Nussbaum.

According to people involved in Ms. Nussbaum's psychiatric and rehabilitative care, Ms. Nussbaum has been spurred to testify by the prospect that Mr. Steinberg would accuse her of Lisa's death.

Mr. Steinberg was indicted on second-degree murder charges and is at Rikers Island, awaiting trial. Ms. Nussbaum was never indicted.

Ira London, the lawyer for Mr. Steinberg, would not comment on many aspects of the case. He said his client did not kill Lisa and that the child died from causes other than a physicial beating or a blow to the head.

''We intend to prove that Lisa Steinberg was not the victim of a homicide,'' he said. ''Lisa was choking to death on Nov. 2 and Hedda and Joel tried to bring her back to life.''

Ms. Nussbaum had told friends and various authorities for years that injuries she suffered had been caused by falls. Now, however, she has told doctors and her lawyer that the injuries were a result of beatings by Mr. Steinberg, Mr. Sheck said.

The couple lived together for 17 years at 14 West 10th Street in what the police described as a ''pigsty.''

Lisa died on Nov. 4 in St. Vincent's Medical Center from blows that a grand jury said were inflicted by Mr. Steinberg. In No Shape to Talk

A second adopted child, a 2-year-old boy, Mitchell, was found unharmed. He was returned to his biological mother.

According to Mr. Sheck and aides to Mr. Morgenthau, there has been no arrangement to obtain Ms. Nussbaum's testimony. Mr. Sheck, who said he has been discussing the charge with prosecutors for months, said any decision to drop the charge would be based on a decision that she was not responsible, regardless of her testimony.

''We are waiting for Hedda, but we understand she is in no shape to talk yet,'' Mr. Morgenthau said earlier this month. On Friday, he said he was ''seriously considering'' dropping murder charges against her but would not comment on the case further.

A top official in the District Attorney's office who spoke on condition he remain unidentified said:

''There is a lot of sentiment for Hedda Nussbaum. We believe she is a classic case of a battered woman. But a little girl died in her care and we want to make certain that she was not criminally responsible, that she did not kill Lisa and that she was incapable of calling a doctor or the police to save her life.'' Visit From a 'Deprogrammer'

Prosecutors in the District Attorney's office said that without Ms. Nussbaum's testimony, the case against Mr. Steinberg would be circumstantial.

Records at Bellevue Hospital Center show Ms. Nussbaum and Lisa were treated there Feb. 11, 1984.

In an interview with a social worker, Ms. Nussbaum said Lisa was ''involved'' with the cult and had ''been forced to sit in bathtub with a 6-year-old boy and participate in sex acts.''

According to the hospital's records, Mr. Steinberg came to the hospital on Feb. 12 and said he knew of the cult mentioned by Ms. Nussbaum and that he was her ''deprogrammer'' who was attempting to free her from it.

The records also quoted Mr. Steinberg, who was identified by a caseworker as Ms. Nussbaum's ''boyfriend,'' as saying Ms. Nussbaum periodically went into ''Zombie-like'' states induced by the cult and that she received her injuries ''bumping into chairs or falling down.'' No Evidence of Abuse

According to the findings of a Bellevue social worker, ''Lisa related to father very well . . . showed no signs of psychological problems . . . she is a normal child.''

Ms. Nussbaum had been referred to Bellevue from a shelter for battered woman. She had multiple fractures, which she said she suffered when she fell down a flight of stairs.

However, emergency room physicians said the injuries were from a beating. After medical treatment, she was admitted to the hospital's psychiatric unit and her statements were referred to the New York City Department of Human Resources for investigation of suspected child abuse.

She was released five days later to Mr. Steinberg's custody.

Suzanne Trazoff, a spokeswoman for the Department of Human Resources, said an investigation did not uncover any evidence of child abuse. Critical Decision

Suzanne Halpern, a spokeswoman for the New York City Health and Hospitals Corporation, said there would be no comment on Ms. Nussbaum's hospitalization at Bellevue.

Mr. London said he would not respond to the statement by Mr. Sheck that Mr. Steinberg was the ''cult'' cited by Ms. Nussbaum. ''I am not going to talk about any cult, real or imagined,'' he said.

He said he would introduce forensic evidence at a bail application for Mr. Steinberg that he said would show Lisa's injuries were not consistent with those found in a battered child.

Dropping second-degree murder charges against Ms. Nussbaum and making her the state's star witness was described by law-enforcement officials as a critical decision.

On one hand, Mr. Morgenthau risks public criticism by allowing Ms. Nussbaum to escape any responsibility for the death of her daughter, whose adoption was never finalized.