.
Feedback

Kennedy Seeks Dismissal of Charges, Files Subpoena

Cites father Robert Kennedy's memory as making him appreciate being with son.

Douglas Kennedy is seeking to dismiss the charges against him in connection , his attorney announced at a Thursday Mount Kisco court appearance.

His counsel also issued a subpoena demanding records and details from the hospital in connection with the incident, the hospital's investigation of it and its policies. The request was filed on April 9.

The Westchester County District Attorney's office and the hospital, however, are seeking to quash the subpoena. Kennedy's atttorney, Robert Gottlieb, in response, told Village Justice John Donohue that the prosecution has no legal standing to do so. A prosecutor responded that it is within their right to oppose.

Responding, Gottlieb blasted the attempt to quash as delaying the receipt of "properly obtainable documents from the hospital."

After hearing the arguments Donohue laid out a series of procedural dates that will run before June 14, when he will make a decision on the dismissal request. He gave the prosecution until April 26 to reply to the defendent's filing from this week, May 10 for Kennedy's legal counterreply, and May 17 for a counterreply from the prosecution in turn.

The June 14 date will include another court appearance, this time at 2 p.m.

Gottlieb is also seeking for exculpatory information to be turned over from the district attorney.

Kennedy is charged with endangering the welfare of a child, a misdemeanor, and harassment, a violation. The later is not a crime.

After they walked out, Kennedy and his wife, Molly, held a press conference and defended his actions during the Jan. 7 dispute with hospital nurses Cari Luciano and Anna Lane. The nurses accuse him of injuring them during a scuffle in which an attempt was made to retrieve Bo.

Talking with reporters, Kennedy explained that the loss of his father—alluding to the 1968 assassination of Sen. Robert F. Kennedy—is what makes him appreciate being with his son.

He vehemently defended how he handled his son.

“I want to tell people that it is okay for a father to hold his son in his arms, and it is ok for a father to want to be with his newborn baby," he said.

“The only thing I wanted to do that night was to be with my son and to hold him in my arms," he added.

About the safety of carrying the baby, he said: “I do not think a father holding a son is dangerous. In fact, I think the safest place my son can be is in my arms.”

Gottlieb took over the press conference after the couple departed, and fielded a barrage of questions, some of which came with skepticism of his arguments about the incident and included whether assault was committed in the scuffle.

“There’s no assault. He was not even charged with assault. There was no crime here.”

When asked if a plea deal has been offered, Gottlieb replied that none has been.

"There’s nothing to plead to," he replied.

If the motion to dismiss is denied, Gottlieb stated that they are ready to have a trial.

“The truth is going to be heard in the courtroom. The facts will all come out.”

Gottlieb also accused Lane and Luciano of being out for money and lining their pockets. He claimed that in January a lawyer representing them sent a letter demanding that it be sent to an insurance carrier.

Before the court appearance began, a group of nurses from the New York State Nurses Association spoke out against Kennedy outside of the courthouse. They stated that nurses who have people taking their babies out without authorization could be held responsible if something happens, possibly getting fired.

When asked by a reporter who was posing a question from Kennedy's viewpoint about why he should not be allowed to take his baby out, DeBorah Briston, a nurse at Westchester Medical Center in Valhalla, stated that a baby is still under their care before discharge and permission was not granted.

Another theme that arose Thursday, which comes up in press coverage of legal troubles involving prominent people, is Kennedy's name and status.

A nurse present at the group's press conference felt that that someone else other than Kennedy been involved, the charge would be more severe, like a felony.

Regardless of Kennedy, Gottlieb argued that nobody deserves to be hauled through the process the way he has.

The court and prosecution appeared to adjust their normal routines in connection to the case.

The change could be felt in small ways, ranging from a more restrictive seating policy for the press, to an earlier start for the court. The district attorney also had a group from the office present at the prosecution's podium, in contrast to the sole official who normally handles misdemeanor complaints in village court.

For our previous coverage of the Douglas Kennedy charges, click here.

Newsletter & Alerts

Get the best stories each day and important breaking news

Subscribe

Not from Chappaqua-Mount Kisco Patch? Find your Local Patch »

Rica Mendes April 13, 2012 at 07:32 pm
Actually, that's not correct. Until the child is discharged, the child is still a patient of the hospital and the responsibility of the hospital. Because parents have been known to act irrationally with newborns, they DO have the right to restrict parents from leaving areas of the hospital.
The answer is simple - if Kennedy didn't want to follow the rules, he didn't have to deliver at that hospital. Lord knows with his resources he could have found someplace else for his wife to deliver.
Rica Mendes April 13, 2012 at 07:35 pm
BINGO! He's using his stature and title as a presumed excuse for not having to obey rules or laws. The bottom line is that the minute his wife was admitted to the hospital, and they signed on the dotted line, he accepted the hospital rules, and if the hospital needs to resort to criminal charges to enforce its rules (and, BTW, acting like a raving lunatic with a newborn in his arms is absolutely endangering a child), then so be it.
No one is saying that we're glad his father was killed - it's awful. But it's also no excuse for acting like a mad man because the nurses advised you that you can't take the baby outside until you're discharged in, what, 24 hours? It's not like they were holding the baby there for weeks. The guy could have waited a day.
jeff meyer April 13, 2012 at 08:42 pm
Agreed, G. Cuomo. Mr. Kennedy should remain silent. The fact that he would invoke the assassination of his late and revered father in this matter is disgraceful. He should act like a man and and defend his behavior on its own merits if he wishes. To bring RFK into this debate as some sort of excuse is as soft as it gets. Jeff Meyer Tuckahoe, NY
C Gajowski April 13, 2012 at 09:47 pm
You are right. If in fact the nurses believed there was a safety issue, there are prescribed ways of handling this legally, involving the police and Child Protective Services. None of them involve a nurse physically restraining a parent. Maybe he's obnoxious - who knows, but that isn't the issue. He's a parent, parents have rights, including removing a child from a hospital, even against medical advice, unless there is some sort of legal order. If the child was at serious risk of injury simply from being held by the father, no one has made the reasons for that clear.
PC Lover April 13, 2012 at 11:04 pm
Rica we are not talking about crazy irrational crackheads here. The guy probably felt cooped up for 3 days and wanted a breath of fresh air. I am not saying he was completely right, but the nurses were the aggressors and could have just written up in the record that the father did not comply with the rules. They blocked his way and grabbed for the baby...that's just wrong...it's not a prison. After 3 days in the hospital they knew him well...Kennedy or not...he's the Dad....give the guy a break. It's not that big a deal.
Active Yorktowner April 14, 2012 at 01:02 am
In my humble opinion it's the media that is helping to blow this out of proportion. The hospital may have rules, but they are not laws. Mostly healthy baby's are discharged in a day or two with the mom. Since mom had a "C" Section the baby stayed longer with the mom. They could have simply noted that the baby was take "AMA" (against medical advice) and if something happened then the hospital is covered. The fathers wishes should trump any "rule" unless the baby was in medical distress of somekind. While Mr. Kennedy (and FYI, I have no love for the Kennedy's, usually the opposite), he wanted to take his baby out and he was rushed by the nurses. Let's all calm down, admit that this just wasn't handled properly by all concerned and let it go. Just Let It Go!
Karen Adams Smith April 14, 2012 at 04:44 am
Boloney!!
Francis T McVetty April 14, 2012 at 01:42 pm
PC Lover, [The guy probably felt cooped up for 3 days and wanted a breath of fresh air.] no body was stopping him to get a breath of fresh air. By the way do you think the air outside was better than the air inside for the newborn? The baby was under the care of the hospital, plain and simple. They are responsible. What do you think would have happened if he accidentally dropped the baby outside in the "fresh air". The same lawyer would have been filling a law suit against the hospital. What do you think?
Francis T McVetty April 14, 2012 at 01:51 pm
No Concerned Yorktowner. The rules have to be followed or any "Kennedy" will break them. Did Mr Kennedy sign a waiver? NO. Was the hospital still responsible for the health and safety of the newborn? YES! With all the law suits against hospitals, they were covering their posteriors. You will probably never find a more caring group of nurses than those in working in the nursery.
Mr Kennedy's actions are typical of the Kennedy's. Above the law.
PC Lover April 14, 2012 at 06:56 pm
Francis, I think I've been clear. A whole bunch of nonsense over nothing. Self important nurses radically and offensively and physically attacking a Dad holding his baby over bogus hospital rules that they got all puffed up about. They are not cops and have no right to touch anyone. What if he dropped the baby while the nurses were attacking him? Now there is a lawsuit!
Remember Francis, rules should never be allowed to over rule common sense. If the nurses exhibited a little common sense none of this would have happened.
Active Yorktowner April 15, 2012 at 12:47 am
I beg to differ Francis...and I think you are contradicting yourself...first, they are "rules" not laws. He didn't break any statutues or gov't laws. This is his child we are talking about, not the hospitals. Then you talk about the nurses "covering their posteriors". Once Mr. Kennedy or anyone for that matter decides to do something like this, all they need to do is document it properly, that is enough to "cover their posterior". There is no reason for a confrontation. They are not the hospital police. Everyone is a little at fault.
Walt April 15, 2012 at 10:39 am
Get real. If Kennedy didn't want to follow the "rules" he should have had the baby at home. If he decided that he didn't want to follow the rules once the baby was born, he should have signed the discharge papers and left.
The "rules" including no smoking, visiting hours, removing a patient from the ward and exposing the patient to other bacteria/virus and then bringing those germs back to the maternity ward are in place for everyone.
PC Lover April 15, 2012 at 03:56 pm
Walt I am not saying Kennedy was not a jerk and an ass...and I am not saying he didn't break the rules....I am just saying it was not that big a deal and the nurses over-reacted and escalated the situation beyond what common sense would dictate. Simple as that.
Walt April 15, 2012 at 06:33 pm
How's this for simple? Hospital are filthy places. What if the infant caught chicken pox (or worse) while Kennedy was on his casual stroll around the hospital and in turn infected the entire ward when his highness decided to eventually return with the baby? Don't the other people on the ward have an expectation that their infants are not going to get sick while they are in maternity ward? What about their rights?
Secondly, if the hospital would have denied the Kennedy infant re-entry into the maternity ward after he removed the infant, can you imagine the firestorm his lawyers would have started? When you sign into a hospital the rules are in black and white on the documents that you sign. Kennedy over reacted and escalated the incident once he was told no and make no mistake, he was told no before it turned violent. He showed amazingly poor judgement to assume he was "entitled" to leave the ward with the infant and should have accepted that fact instead of pushing his way out of the place with an infant in his arms. If he so desired he could have put the baby back in the crib and signed the baby and the mother out and taken them home at any time like a civilized person. Kennedy is the perpetrator, not the victim, simple as that.
Anne Latella April 15, 2012 at 08:00 pm
It appears the Kennedy's are all for making tons of laws for everyone in the country to obey. How does this exclude any of them? Just hire a lawyer to contest laws that are in place to protect people like Mr. Kennedy who appears to want to place himself
above the law. Stop desecrating the Kennedy name and behave like a law abiding citizen. If you find that possible.
Anne Latella April 15, 2012 at 08:04 pm
To PC,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
This is a very big deal and could establish a precedent which could throw our hospitals in a cahotic state.
Francis T McVetty April 15, 2012 at 08:36 pm
PC Lover, the nurses were doing their jobs to protect their patient!! Maybe they should have called security, but that might have been too late. looks like Mr Kennedy didn't need help when it came to dropping the baby, he fell down with the baby. A little unsteady on his feet, was he? MMMM
PC Lover April 16, 2012 at 03:13 pm
The hospitals all ready are in a chaotic state. They charge hundreds of dollars for an aspirin or a bandaid...and they won't allow a father to hold his new baby without being attacked by hospital prison employees.
PC Lover April 16, 2012 at 03:25 pm
Walt, you are right...he exhibited poor judgement, but it's not a hanging offense. He was told no, and should have listened, but it escalated and turned violent at the hands of the nurses...if you watched the video it's clear that's on them. This society is so quick to litigation and a complete breakdown of common sense. Believe me, there is no germ he could not have brought into the hospital that was half as bad as what is already lurking there.
Anne Latella April 16, 2012 at 06:31 pm
P C Lover- The hospitals are not in a chaotic state. Nor do they charge hundreds of dollars for an aspirin or a band aid. Mr. Kennedy was not just holding his baby. He
was attempting to leave the hospital which is against hospital rules until they are properly dischrged or sign out against Medical Advice. Mr.. Kennedy was not attacked by hospital emloyees. It was Mr Kennedy who attacked the hospital employees. Disgusting behavior by a supposedly well bred individual. Mr. Kennedy's behavior was irrational and so is your thinking on this matter. What person who is not irrational would refer to a hospitals employees as "prison employees." Even Golf Clubs have rules which a gentlemen golfer must adhere to, as do hospitals and other facilities The emphasis is on gentelmen & rational. Neither of which seem to apply to either you or Mr. Kennedy.
Anne Latella April 16, 2012 at 06:37 pm
P. C Lover -Sorry Common Sense does not overrule rules. Not everyone who believes they are using common sense has it. In this case it was totally lacking by Mr. Kennedy & your backing him up. Quit quit while you are ahead.
PC Lover April 16, 2012 at 07:07 pm
Anne, as is typical for you, we disagree so you attack me personally. Sorry for whatever in your life has caused you to be so angry, vindictive and offensive. Maybe you didn't get enough fresh air when you were 3 days old...or maybe you are a hospital nurse poised and ready to attack anyone who disagrees with your rules. You are right about one thing...I am ahead, so I will quit. Good luck to Mr. Kennedy and may G-d bless baby Bo. Three days a Kennedy and already thrust into the public eye!
Francis T McVetty April 16, 2012 at 07:54 pm
PC Lover, "Three days a Kennedy and already thrust into the public eye!" I guess he has that to look forward to, doesn't he? The Kennedy's will always be the Kennedy's! Acting like they are above the rules, after all they above us mere mortals.
Anne Latella April 16, 2012 at 07:56 pm
P C Lover- Sorry you can dish it out but cannot take it. I am not angry. I am a reasonable person who obeys laws and rules. You should do the same. I am entitled as you are to disagree. Or do you agree with Mr. Kennedy that you are privileged in some way to be above rules and regulations and laws? From the list of your entries here you have done above and beyond disagreeing with reasonable people. Try using common sense which you seem to believe you have.
I am not a nurse. However, I was born in a hospital as was my son. We were properly admitted and properly discharged. We also thanked the hospital staff for their excellent care. Naturally, my good manners, common sense and obedience to laws and rules are all well in tact. Try it sometime it works better then having to go to court over bad behavior.
Anne Latella April 17, 2012 at 12:13 am
I would like to know if the editor designated Delete on my comment above. If not who did and why? Was this not an appropriate comment? If not please advise me
why it is not appropriate.
Buche de Noel May 17, 2012 at 01:05 pm
please remember that D. Kennedy was apprehended by hospital security guards (two men) and then had to be ESCORTED BACK to the same nursery, to the care of the SAME NURSING STAFF he had just kicked and shoved. Subsequently he was ARRAIGNED and the charges have NOT been dropped. Those assault charges STAND because the nurses were brutalized by Kennedy. Holding one's son and be safe in parental arms is NOT what this is about. Anyone familiar with nursery protocols in ALL JCAHO certified hospitals in the nation understand that GPS locators are NOT to be taken off by parents at their whim (or any other nursery visitor) and that these standard operating procedures are in place for very real reasons. Kennedy's behavior was off the rails and he will face the very real charges of assaulting the nurses. He could have avoided this by simply apologizing at the outset and giving voice to other internal stressors rather than invoking the non-sequitur of his late father's assassination. His lawyer's misguided hubris (assumed to be Kennedy's by association) will prove to be the undoing in this case as violence against women, and women in the workforce (nurses often are women), will retain high profile, gain much pathos, and is supported wholly by not just the NYSNA but all nursing organizations in the nation. A misogynist thug is still just a thug, by any other name.
Italian Mother1 June 6, 2012 at 06:43 pm
I understand your right to your opinion but normal fathers do not take a newborn baby outside for air in January...in a blanket, diaper and t-shirt...that is poor judgement. I think bringing his fathers name into it and for the sympathy vote. By the way PC it this happened to us we would have been charged with a felony.
aph47 October 24, 2012 at 09:52 pm
I agree with you. Hospital policy is not the law. He was a legal parent of that baby and had the right to take the baby out. The right to custody, care and control of our children is a constitutionally protected liberty interest under the 14th amendment. The Supreme Court has ruled that even a judge can't just override the decision of a fit parent because he disagrees with it. See Troxel v Granville 530 U.S. 57. Moreover the hospital admitted that mom could have removed the baby. So this is really about FATHERS rights. I do think that getting physical was out of had, but getting between a parent and child can be dangerous.
aph47 October 24, 2012 at 09:55 pm
It's nice to see someone standing up for this father's right to be with his baby.
Francis T McVetty October 26, 2012 at 02:06 pm
Buche de Noel, Absolutely right! Thank you for that post.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
Lisa Buchman (Editor) June 6, 2013 at 01:36 pm
Thanks for posting this - sounds cool. What kind of projects will kids do? Also, can an incoming 6thRead More grader participate?
It's About Time June 6, 2013 at 01:45 pm
Hi Lisa! Thanks for your questions. In this unit (Vehicles In Motion) the kids will build CoasterRead More Cars and test different aspects of the motion of their vehicles such as: distance traveled, acceleration, straightness, and friction. This unit emphasizes student collaboration in order to develop a set of performance test procedures for measuring Coaster Car performance. An incoming sixth grader can definitely join! Feel free to call the number above - my co-worker will be happy to help you.
Lisa Buchman (Editor) June 10, 2013 at 09:32 am
Thanks for posting this Katie - where is the camp? Do you have a website?
Katie Smith June 10, 2013 at 10:54 am
The camp is located in Pleasantville, NY. The website is:Read More http://www.foxhillfarms.com/Camp___other_programs.html