Interstate Custody Fight Erupts Over Sister of Dead Toddler

The strange case of Cecil Turner, the toddler found dead near his Mission Viejo home, took another turn this week when a custody battle erupted over his sister.

The boy’s nude body was found in a ravine a day after he reportedly wandered away from his Mission Viejo home while his mother slept and his stepfather was out jogging. Police have not determined the cause of death.

The boy’s father, Maxwell Turner of Indianapolis, was then given custody of the surviving daughter, Bryttnie, 4.

But last week, as Turner and Bryttnie went to Cecil’s native Texas for his funeral, Turner was handed a court order giving temporary custody of her to his former wife’s parents, Cecil and Carolyn Morrow of Austin.

Under that court order, Turner is prohibited from having contact with his daughter.

Turner said he was baffled by the whole affair, particularly after a judge in Orange County had given him custody.

Deputy Public Defender Lee Blumen, who has been representing Turner in Orange County, said the Texas judge probably was unaware that a judge in Orange County had granted Turner custody. Blumen said he was confident that Turner would prevail.

“The decision in Orange County should take precedence over the Texas case,” Blumen said.

But Lloyd Freeberg, an attorney for Cecil’s mother, said he believes the reverse was true.

“In Texas, the judge can decide on a much broader range of issues,” Freeberg said.

A Texas judge has scheduled a hearing for Thursday morning to determine whether the change of custody will be permanent.

“I had just lost my son, and now I have lost my daughter,” Turner said Tuesday. “I would like to have my daughter with me.”

Turner said Tuesday that he is out of money, cannot afford a lawyer and cannot afford to go to Texas to fight the custody order. Blumen said he is trying to find a lawyer in Texas who will represent Turner in court Thursday.

The death of Cecil, whose nickname was “C.T.,” is a mystery.

His mother, Edith Marie Wu, told investigators that Cecil apparently wandered from the family’s apartment while she was sleeping and her husband was out for a jog. Wu and her current husband were questioned by police after Cecil’s death, but no charges have been filed. Medical examiners are running further tests to try to determine how the youngster died.

Wu could not be reached for comment Tuesday, but the legal papers filed in Texas asking for custody of Bryttnie were filed under Wu’s name.

Turner said his former wife willingly surrendered custody of Bryttnie to him after her son’s death.

But Freeberg said the Morrows had told Turner of their interest in possibly taking custody of Bryttnie.

“There wasn’t any trickery,” Freeberg said. “He was aware that there might be some pending action.”

Wu and Turner were married in February 1992 and had the two children before divorcing in May 1996.