SHORT TAKES : Jean Harris to Keep Profits

A state judge says convicted murderer Jean Harris may keep the $35,000 she earned from a magazine excerpt of her book because it deals with her life in prison, not her crime.

The judge ruled that the state Crime Victims Board erred in applying the state’s “Son of Sam Law.”

The law, named after a 1970s serial killer, was aimed at preventing criminals from profiting from their crimes by writing books, television or film scripts. It requires the criminal to turn over to the victims board any proceeds earned.

Harris, a former headmistress at the Madeira School, was convicted in 1981 of killing diet doctor Herman Tarnower, her lover for 10 years. She is serving 15 years to life at a prison in Bedford Hills.

She contracted with Macmillan Inc. in 1985 to write an autobiography, “Stranger in Two Worlds.” Good Housekeeping magazine paid $35,000 for exclusive serial rights in 1986.

In a decision issued Friday, Justice Leonard N. Cohen noted that the 5,000-word excerpt contained only one paragraph that mentioned her crime.

“The core of the article is solely about her life and experiences in prison after her conviction,” he said.

The judge ordered the board to turn the $35,000 over to Harris. She intends to donate it to a nonprofit organization run by her son for the children of women in the Bedford Hills prison.