Judge Dismisses Murder Charge For Nussbaum
Judge Dismisses Murder Charge For Nussbaum
By RONALD SULLIVAN
LEAD: The murder charge against Hedda Nussbaum was dismissed yesterday at the request of Robert M. Morgenthau, the Manhattan District Attorney, on the ground that she bore no responsibility for the death of Lisa Steinberg.
The murder charge against Hedda Nussbaum was dismissed yesterday at the request of Robert M. Morgenthau, the Manhattan District Attorney, on the ground that she bore no responsibility for the death of Lisa Steinberg.
Assistant district attorney John McCusker told Judge John E. H. Stackhouse of Manhattan Criminal Court that ''after a thorough investigation, it was determined that the fatal blows that caused Lisa's death were not struck by Miss Nussbaum.'' He urged that all charges against her be dismissed.
As Miss Nussbaum stood impassively nearby, Mr. McCusker, the co-prosecutor in the trial of Joel B. Steinberg, who is charged with beating the 6-year-old child to death, said, ''Our investigation revealed that Miss Nussbaum was so physically and mentally incapacitated on the night of the murder that she was not criminally responsible for Lisa's death.'' A Free Woman
Without further argument, Judge Stackhouse said, ''So be it, motion granted,'' and Miss Nussbaum, flanked by two female detectives from the District Attorney's office, walked out of court a free woman almost a year after her arrest with Mr. Steinberg on Nov. 2, 1987, in the slaying of the child they raised in their Greenwich Village apartment.
The dismissal of charges against Miss Nussbaum was expected as a condition for her appearing as a key witness against Mr. Steinberg.
Miss Nussbaum, 46, whose nose was flattened from the beatings she said she received from Mr. Steinberg, refused to answer any questions as she was escorted out.
Her lawyer, Barry Scheck, who held her hand as he led her before Judge Stackhouse, said, ''The law had to excuse her, but she hasn't excused herself and she never will.''
''Hedda feels terrible remorse,'' Mr. Scheck said. ''She wishes she had been capable of taking action to save Lisa, and her failure is a terrible thing to live with.'' Svengali-Like Power
Miss Nussbaum, a former editor of childen's books, was described as afraid of confronting Mr. Steinberg, whom she said exercised a Svengali-like power over her.
''The prospect has made her nervous and troubles her greatly,'' Mr. Scheck said.
He said, however, that she would be a ''credible witness even though she has tremendous fear of being cross-examined by the defense - a lot of allegations have been made against her and she has learned a lot of terrible things about Joel Steinberg.'' Trading Accusations
In his opening statement to the jury Monday, Mr. Steinberg's lawyer, Ira D. London, described Miss Nussbaum as ''delusionary and unreliable.'' He also said the ''jury would hear witnesses refer to Hedda's self-destructive romance with Satanic cults, her sadomasochistic behavior outside the home and her involvement with pornography.''
Mr. Scheck called Mr. London's statement ''absurd.''
He said that ''the cult was Joel Steinberg'' and that Miss Nussbaum was not delusionary.
The prosecution contends Mr. Steinberg murdered Lisa and then went out to have dinner with a friend.
Lawyers involved in the case said Miss Nussbaum told the prosecutors that when Mr. Steinberg handed Lisa's limp and unconscious body to her, he said, ''See what you made me do. Don't do anything until I get back.''
The prosecution said that at that point, doctors have determined, Lisa was still alive and that the 10-hour delay before an ambulance was called caused her death.
The trial is to continue today.