Mother Must Stay in Jail in Custody Fight

An appeals court panel ruled, 2 to 1, Monday that Elizabeth Morgan should be released after nearly two years in jail for refusing to reveal the whereabouts of her daughter in a bitter custody dispute. But shortly thereafter, the full District of Columbia Court of Appeals overturned the panel’s order.

The full court called for a new hearing on Morgan’s appeal of the civil contempt of court citation that has kept her at the city jail.

The prominent plastic surgeon has been jailed since Aug. 28, 1987, by Superior Court Judge Herbert Dixon for failing to produce her daughter, Hilary, for visits with Eric Foretich, her former husband and the girl’s father.

Morgan said she hid the girl because Foretich had sexually abused the child. Foretich, who is also a doctor, denies the charges.

Hilary, whose seventh birthday was Monday, remains in hiding.

In Monday’s majority opinion by the three-judge panel, Judge John M. Ferren said Dixon’s attempt to coerce Morgan into divulging the girl’s whereabouts had failed.

“Irrespective of context, once the civil contempt power is shown to have failed in its intended purpose . . . the court must release the contemner from jail,” Ferren wrote.

The full court did not explain the one-page order overturning that ruling.

Elaine Mittleman, attorney for Foretich, said new arguments have been scheduled for Sept. 20.

Earlier Monday, Foretich was joined on the Capitol steps by about a dozen relatives and supporters to mark his daughter’s birthday.

Foretich said he decided to hold the ceremony because he is upset about legislation pending in Congress that would lead to Morgan’s release even if she doesn’t bring the child out of hiding.

Meanwhile, Foretich has filed a $220-million suit against the CBS television network and six other defendants in connection with the program “People Magazine on TV” broadcast Aug. 16, which carried a story about the custody dispute.

The suit filed Friday claims that Foretich was defamed, subjected to emotional distress, suffered an invasion of privacy and was portrayed in a false light, Mittleman said.

CBS spokeswoman Anne Morforgen said she had not seen the suit and could not comment.