Death-Threat Claim Ruled Usable in Child-Theft Case

After a heated debate in court, the judge in the Ronald Whitelaw child-stealing case ruled Thursday that the jury could be told about death threats allegedly made against Whitelaw by his ex-wife.

The action by San Fernando Superior Court Judge Howard J. Schwab altered a ruling he had made on Tuesday. At that time, Schwab forbade defense attorney Harland Braun from using Whitelaw’s claim that he had no alternative but to abduct his two daughters.

Whitelaw has said that he did not return the girls, then ages 6 and 3, to the Valencia home of his ex-wife, Faith Canutt, after a weekend visit in April, 1978, because she had threatened several months earlier to kill him and their daughters if he did not drop a custody suit. Whitelaw dropped the suit four months before the abduction.

‘Necessity Defense’

Under the judge’s ruling, Braun still may not use the so-called “necessity defense.” However, the defense attorney will be allowed to mention the alleged threats against Whitelaw in trying to discredit the testimony of Canutt. Braun cannot mention the alleged threats against the children, the judge ruled.

The new ruling came after Braun had violated the judge’s earlier ban on even mentioning the alleged threats. As the trial opened Thursday, Braun immediately brought up the issue in his opening argument to the jury.

Ronald Whitelaw “did not ever have any intent to deprive Faith Whitelaw of her right to have the children, but he was concerned for their safety because he believed she would kill the children,” Braun said. Those comments prompted a heated exchange among Deputy Dist. Atty. Kenneth Barshop, Braun and Schwab beside the judge’s bench, which the jury could not fully hear.

When Braun again brought up the alleged threats as he began cross-examining Canutt, Barshop angrily asked Schwab to cite Braun for misconduct.

Won New Ruling

It was during the subsequent debate, again at the bench, that Braun won the new ruling.

Canutt, who searched for her two daughters for seven years after her ex-husband disappeared with them, Thursday denied his claim that she threatened to kill him.

Testifying as the prosecution’s only witness in Whitelaw’s trial, Canutt said she became angry with her ex-husband when he attempted to win custody of the girls but did not threaten his life.

“I would tend to recall death threats if I had ever made any,” Canutt said in response to allegations by Braun that she told people on several occasions that she wanted to kill Whitelaw.

Claim Called Groundless

Prosecutors have argued that Whitelaw’s claim that he had to abduct his children is groundless because he had legal means to gain custody.

His abduction of the girls prompted Canutt to become active in the national movement to locate missing children. A judge last year awarded her a $1.5-million default judgment against Whitelaw in the nation’s first civil damage case involving parental child stealing.

Whitelaw was arrested last August in Oregon, where he had been living under an assumed name.

Braun pressed Canutt in court Thursday about her attempt to collect part of her $1.5-million civil judgment by laying claim to Whitelaw’s farm in Oregon. Whitelaw’s attorneys are trying to have that judgment reversed.

“He took 7 1/2 years of my life,” Canutt said. “I am seeking reimbursement.”

Braun is scheduled to call five defense witnesses when Whitelaw’s trial resumes Monday.