The Killing of Lisa Steinberg
She Won't Be An Olympic Athlete
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.
(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?