FULL TEXT: Los Angeles, April 8 – A mother convicted of
beating her two-year-old daughter to death was barred forever today from again
seeing her month-old son.
The justice declared: “This baby has the right to grow up
and not be treated worse than our dog.”
The same ban, the judge ruled, applies to the baby’s father.
Shaking with sobs, Mrs. Shirleen Kunin stole a last glance
at the baby, Steven Dale, as she was led back to her cell, preparatory to
transfer to California’s institution for women at Tachachapi. She must serve a
one to 10 year term for manslaughter in the death of her daughter, Denise.
The dramatic custody hearing was held in the superior court
of Juvenile Judge A. A. Scott, following Mrs. Kunin’s sentencing to prison
yesterday – her 25th birthday.
~ Father Asks Custody ~
The baby’s father, Lawrence Kunin, 27-year-old Beverly Hills
salesman, made a request for custody, telling the court he could provide a good
home. But the judge retorted:
“This is an unfit home by reason of neglect, cruelty and
depravity of the parents. This court cannot sit idly by, in view of the
testimony, and make plans whereby either parent ever has access to this
youngster.
“He and his wife are not fit persons to have custody or
contact. Personally, I am going to see that she doesn’t have that opportunity.”
Mrs. Kunin’s trial on a murder trial on a murder charge was
delayed a month for Steven Dale’s birth on March 7 in the prison ward of
general hospital. She had not seen her son again until today’s hearing.
The tot was held in the arms of a nearby woman deputy, who
lifted the blanket so Mrs. Kunin could see Steven’s face. She made no attempt
to approach the child as she was led away weeping. Kunin, grim but composed,
accompanied her, trying to comfort her.
~ Tell of Brutality ~
Witnesses at the wife’s trial testified that she frequently
whipped Denise, once turned a garden hose in the baby’s mouth, and several times
left the child unattended. Today, she declared “I loved that baby. It wasn’t unattended, as they said. I
may have been impatient. But I have to live the rest of my life and remember
this.”
“I hope you’ll never forget it,” the judge replied.
The judge asked Deputy District Attorney Adolph Alexander,
prosecutor of Mrs. Kunin, if the husband had been linked with mistreatment of
the daughter.
Alexander replied that Kunin, according to testimony, had been present on some of the occasions. He
added that a Beverly Hills police officer testified that the salesman told him
“I beat the baby a week before she died.”
Commenting later on the severity of his decision, Judge
Scott told reporters: “It is unusual,
but very much warranted by the facts.”
~ Action Unprecedented ~
Deputy District Attorney William Ritzi, in charge juvenile
matters, and other court attaches said they could not recall a previous court
order under which both parents would be forever forbidden to see the child.
Judge Scott said he was basing his order on a section of the
California Welfare and Institutions code. This section provides that under
certain conditions the juvenile court may retain jurisdiction in the case of a
child until it is 21 years of age.
The jurist referred to one of these conditions in the law
whereby jurisdiction may be kept in the case of a child “where home is an unfit
place for him by reason of neglect, cruelty or depravity of either of his
parents, or of his guardian or other person in whose custody or care he is.”
Judge Scott added that within a few hours of his decision,
he had received three telephone calls inquiring about adoption of the baby.
Richard Maddox, Mrs. Kunin’s attorney, declared:
“Legally, I construe this as a temporary decree. When she is
released from Techapi she and Mr. Kunin can take action to regain custody.”
Superior Judge Harold B. Landroth, who heard Mrs. Kunin’s
trial, said he had received more letters from the public on the matter than in
any previous he had heard in 17 years on the bench.
[“Judge Forbids Mother From Ever Seeing Baby,” syndicated
(AP), Apr. 9, 1948, p. 9]
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