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In 1986, there were 67,750 reported child abuse
cases in New York. At least 42 died. The
Steinberg case, however, seemed different from the very start. A story
of a little girl who may have been beaten to death by a Manhattan
attorney and a book editor, two people who are not normally associated
with such an event, was front-page material. Moreover, Hedda
Nussbaum’s shocking physical state underscored the violence within the
Steinberg household. But it was Steinberg’s unusual behavior both
before and after Lisa was brought to the hospital that stoked
reporters’ interest.
He made bizarre comments to doctors and
investigators and seemed indifferent to the storm that was building
around him. When police questioned Steinberg about fresh cuts on his
knuckles, he said he didn’t know he had them and offered no further
explanation. On the night Lisa was brought to the emergency room, Dr.
Patrick Kilhenny, a resident, told him that Lisa was in serious
condition and would suffer permanent damage even if she survived.
“Well, what you’re saying is that she’s not going to be an Olympic
athlete, but she’ll survive,” Steinberg replied. When the doctor
testified at the trial the following year, he said he remembered
seeing a strange smile on Steinberg’s face at the time. “He smiled. It
was a big grin,” Kilhenny recounted.
Earlier, a nurse had confronted Steinberg and
had told him that his daughter was brain dead. “Is there anything else
wrong with her?” Steinberg replied. He then told the emergency staff
that he had to leave. “I just couldn’t believe anyone could act that
cold and uncaring,” the nurse said during the trial. Aaron Rosenthal,
the assistant chief of detectives, told reporters “the girl’s feet
were so black, they had to scrape the dirt off them and she was
suffering from lack of oxygen.” Lisa was placed on life support, but
clinically, she was already dead. She exhibited no brain activity and
was unable to breathe unassisted. The prognosis was bleak.
Late that same morning, both Steinberg and
Nussbaum were picked up by detectives at their filthy W. 10th Street
apartment. They were charged with the attempted murder of Lisa. Police
told reporters the apartment looked like “it wasn’t cleaned in about a
year.” Also found during a search of the apartment was $25,000 in
cash, drug paraphernalia and a small quantity of cocaine. The
suspects were brought over to the 6th Pct. where both refused to give
any statements. Steinberg requested his own lawyer. “They’re both very
aware of their rights,” Det. Rosenthal said later. Steinberg and
Nussbaum were charged with first degree assault, attempted murder, and
endangering the welfare of a child.
A debate ensued during the next few days as to
who was entitled to act as Lisa’s legal guardian. Although declared
brain dead, Lisa remained legally “alive” because she was on a
respirator. Eventually, it was determined that the city was the
child’s guardian. On Thursday, November 6, Lisa was removed from life
support at 8:40 a.m. and died immediately. The charges against
Steinberg and Nussbaum were amended to murder. A grand jury began
hearing testimony the same day. Mitchell, Lisa’s brother, who was
found tied to a playpen in Steinberg’s apartment, was turned over to
the Human Resources Dept.
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| Barry Scheck, Attorney (AP) |
In the meantime, a defense lawyer was assigned
to the case. But his representation lasted only one day. A young,
brash Manhattan attorney had already been hired by the Nussbaum family
to craft Hedda’s defense. His name was Barry Scheck, a brilliant
lawyer who perhaps saw the case as a chance for prominence. In his
very first press conference Scheck said Hedda would cooperate with
prosecutors and testify before the grand jury. It was the first step
in a long, difficult journey to convince prosecutors that Hedda
Nussbaum was a victim too. She was a “battered woman,” assaulted by
Steinberg for years, emotionally abused and subjugated to such a
degree that she was incapable of thinking rationally. Her nose was
shattered. Her ribs were broken. She had two black eyes. She was
literally beaten senseless. How else to explain to a jury that a
mother, alone in her apartment, allowed her unconscious six-year-old
daughter to lie on a cold bathroom floor for hours; unwilling or
unable to make a simple phone call that might have saved her life?
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