Adopted Brother of Slain Girl Given to His Mother

A 17-month-old boy who was found tethered in an apartment where a girl was allegedly beaten to death by their self-proclaimed adoptive father has been returned to the temporary custody of the teen-age mother who gave him up at birth.

“He’s my baby!” said a sobbing 18-year-old Nicole Smigiel as Family Court Judge Jeffrey H. Gallet decided Wednesday to return the boy to her.

The judge stayed his order until late today to give lawyers for the adoptive parents, Hedda Nussbaum and Joel Steinberg, a chance to appeal.

Nussbaum and Steinberg are charged with murdering 6-year-old Elizabeth Steinberg and endangering the welfare of a child because of their alleged neglect of the boy, whom they called Mitchell.

The boy was found tethered to a chair and drinking spoiled milk when police arrived at the apartment Nov. 2. Elizabeth, known as Lisa, was unconscious and died three days later. Her body was returned to her natural mother, Michelle Launders, for burial. Launders had given Steinberg custody of the girl at birth to arrange an adoption.

Neither child had been officially adopted, authorities said.

Smigiel, who has completed a year’s study at Loyola College in Baltimore, will live at her family’s Massapequa home.

Lawyers for Steinberg and Nussbaum opposed the judge’s decision on grounds it might prejudge their cases.

“I am not predeciding this case,” the judge said. “I just don’t want this child bounced around.”

Steinberg attended Wednesday’s hearing. Nussbaum has been hospitalized since Nov. 2 with fractured ribs, jaw and nose and ulcerous sores on her legs. She denies Steinberg battered her.

Gallet denied her request to be allowed to visit Mitchell.