Steinberg Loses Motion To Exclude Statements

Steinberg Loses Motion To Exclude Statements

By RONALD SULLIVAN

LEAD: Joel B. Steinberg lost his attempt yesterday to exclude from his trial statements he gave to the police before his arrest in the death of Lisa Steinberg.

Joel B. Steinberg lost his attempt yesterday to exclude from his trial statements he gave to the police before his arrest in the death of Lisa Steinberg.

In every instance, Acting Justice Harold J. Rothwax ruled that the statements were entirely voluntary and had been given in the initial stages of the inquiry, before the police are required to inform a suspect of his right to remain silent.

Mr. Steinberg was subsequently arrested and charged with second-degree murder.

Lisa, 6 years old, was being raised by Mr. Steinberg and his companion, Hedda Nussbaum.

Justice Rothwax also refused to suppress as evidence videotapes and pictures of the Steinberg apartment at 14 West 10th Street that were taken a few hours after the arrest. Included in the evidence was a statement by Mr. Steinberg to the police at St. Vincent's Medical Center, where Lisa was taken by ambulance last Nov. 2. Findings by Physicians

Officer James Botte, who responded with paramedics to the Steinberg apartment at 6:48 A.M., said he asked Mr. Steinberg at the hospital how he happened to have cuts and bruises on his hand. Testifying in court Monday, Officer Botte said Mr. Steinberg replied, ''I don't know.''

Mr. Steinberg was also quoted by the police and paramedics who treated Lisa as saying that the girl had become ill from vegetables she had eaten the night before and that he and Ms. Nussbaum had spent the night trying to revive her before calling the ambulance. However, physicians at St. Vincent's told the police that Lisa had suffered a traumatic head blow and that she was brain dead. The girl was declared dead three days later.

Ms. Nussbaum has also been charged with second-degree murder, but she has not been indicted. The Manhattan District Attorney, Robert M. Morgenthau, said he was seriously considering dropping the charges against Ms. Nussbaum, who, he added, was repeatedly beaten by Mr. Steinberg.

Justice Rothwax also allowed as evidence an exercise bar found in the apartment and a nylon tether for the playpen of an 18-month-old boy, Mitchell, whom the couple was also raising and who has been returned to his mother. Argument on Disqualification

At the same time, Justice Rothwax refused to disqualify himself from presiding at the trial in State Supreme Court in Manhattan, as requested by Mr. Steinberg's lawyer, Ira D. London. Mr. London said the judge was prejudiced against Mr. Steinberg.

In denying bail to Mr. Steinberg in August, Justice Rothwax said that based on grand jury testimony, the defendant ''probably is guilty, probably will be found guilty and, therefore, probably will be sentenced to life imprisonment.''

Mr. London argued that such a statement undermined Mr. Steinberg's chance for a fair trial and that Justice Rothwax showed anger and hostility to him and the defendant.

Justice Rothwax said yesterday that the law required him to make such a tentative prediction in setting bail. ''Furthermore,'' he said, ''I have no anger, no hostility, no prejudice against this defendant.'' He added that he was prepared to assure Mr. Steinberg ''the fair trial he is entitled to.''

In a series of pretrial orders, Justice Rothwax also imposed a gag order that prohibits the lawyers from discussing the case with reporters.