Motion for Mistrial Denied By Judge in Steinberg Case

Motion for Mistrial Denied By Judge in Steinberg Case

By RONALD SULLIVAN

LEAD: A defense motion for a mistrial in the murder trial of Joel B. Steinberg was dismissed yesterday after the judge reaffirmed the admissibility of testimony that portrayed the defendant as cold and unconcerned over the death of the 6-year-old girl he is accused of killing.

A defense motion for a mistrial in the murder trial of Joel B. Steinberg was dismissed yesterday after the judge reaffirmed the admissibility of testimony that portrayed the defendant as cold and unconcerned over the death of the 6-year-old girl he is accused of killing.

Mr. Steinberg's lawyer, Ira D. London, contended in State Supreme Court in Manhattan that the testimony of two paramedics and an emergency room nurse at St. Vincent's Medical Center was ''highly speculative'' and had ''no revelance'' to the crime for which Mr. Steinberg is being tried. The paramedics and the nurse had described Mr. Steinberg as remote, unemotional and unconcerned when told that Lisa Steinberg, the child he had raised, was near death.

''We respectfully request a mistrial on the grounds the jury has been predjudiced by this evidence based on conjecture,'' Mr. London said.

The judge, Acting Justice Harold J. Rothwax, denied the motion in the absence of the jury, which had been excused because a juror was ill. 'Seems to Be Compatible'

Justice Rothwax said the description by the witnesses of Mr. Steinberg's attitude while Lisa was being treated ''seems to be compatible with the claim he has acted in a depraved fashion.'' The assertion that he acted with ''depraved indifference'' is crucial to the second-degree murder charge.

In rejecting the motion for a mistrial, the judge explained that ordinary witnesses, unlike expert witnesses, are usually limited to testifying about what they have seen or heard, without including observations about a defendant's emotional reactions.

However, he said, in the Steinberg case, ''it seems to me that to say he was cool and calm and unemotional and unconcerned are the kinds of observations to which a lay witness may reasonably testify.''

Justice Rothwax noted that he had excluded similar testimony from a police officer because the officer observed Mr. Steinberg about 14 hours after Lisa was taken to St. Vincent's. Cheered for the Giants

The officer, John Botte, took Mr. Steinberg to Bellevue Hospital Center for a medical examination on Nov. 2, 1987, after he was arrested.

Officer Botte said Mr. Steinberg watched a football game on television at Bellevue and was ''cheering'' for the Giants against the Dallas Cowboys.

The officer, aware that doctors at St. Vincent's had told Mr. Steinberg that Lisa was ''probably'' brain dead, said he was prepared to testify that he regarded the defendant's behavior as an ''unusual response.'' But the judge said he excluded Officer Botte's observation from the jury because the incident occurred 14 hours after Lisa was taken from the Steinbergs' Greenwich Village apartment. The prosecution charges that the girl's comatose state was caused by a blow to the head delivered by Mr. Steinberg.

Justice Rothwax said he allowed the testimony of Nancy Dodenhoff, a nurse, because her observations occurred minutes after Lisa was treated. Ms. Dodenhoff tesified Thursday that Mr. Steinberg had acted remarkably cool and unconcerned when he was told that Lisa was ''probably brain dead.''

The judge also allowed the testimony of Brian Gearity, a paramedic, who said he could not believe how ''cold and uncaring'' Mr. Steinberg had been.

In commenting on their testimony, Justice Rothwax said, ''Here the defendant appears to be totally lacking in surprise that within 20 minutes of the time people arrived at his home, he's advised that the child is brain dead.''