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Kennedy Asks Mt. Kisco Court to Dismiss Charges

DeBorah Briston, Donna Hemmer and Juliane Hatzel, nurses at Westchester Medical Center and members of the state Nurses Association, were at the courthouse to express their support for Luciano and Lane. Photo Credit: Liz Button

MOUNT KISCO, N.Y. – Douglas Kennedy, son of the late Robert F. Kennedy, returned to Mount Kisco Court Thursday night to file a motion to dismiss all charges pertaining to a January incident involving two nurses at Northern Westchester Hospital. If the motion does not pass, though, Kennedy’s lawyer Robert Gottlieb said his client is ready to go to trial to face charges of harassment and child endangerment.

“The only thing I wanted to do that night was to be with my son and hold him in my arms,” Kennedy said in a press conference following the session in court.

On Jan. 7, Kennedy reportedly tried to take his newborn son Bo from the hospital’s maternity ward, giving the reason that he wanted to get his son some fresh air. When two nurses tried to stop him from taking the baby off the unit, a scuffle ensued.

The hospital said nurses Anna Lane and Cari Luciano were following hospital policy when they tried to stop Kennedy from taking the baby out of the maternity ward.  Lane has accused Kennedy of twisting her arm and Luciano has said that he kicked her in an attempt to block them from taking his son.

Kennedy was arrested in February and charged with two counts of harassment and one of endangering the welfare of a child, a misdemeanor. It was reported earlier this month that the New York State Office of Children and Family Services determined that “no credible evidence was found to believe that the child has been abused or maltreated.”

Assistant District Attorney Amy Puerto said the prosecution would fight the motion to dismiss the criminal charges.

Gottlieb also called to subpoena the hospital’s records of the incident, a motion that the prosecution also intends to bar. However, Gottlieb doubted their ability to do so. “The DA does not have the standing to put up a roadblock to us getting the documents we’re entitled to,” he said.

Gottlieb said he does not know why a criminal case is being pursued by the Westchester District Attorney’s Office, calling the case a “colossal waste of everyone’s time.”

“If any crimes were committed, they were committed by other people,” he said. He went on to imply that the nurses were just trying to “line their pockets,” adding, “We all know what this case is about.”

Kristi Wilkenloh of Ridgefield, Conn., a friend of one of the nurses, disagreed with the lawyer's statement. She echoed a sentiment that was openly shared by the nurses from the hospital and those from the New York State Nurses Association who were gathered outside the building following the court session, saying Kennedy’s name is hindering the case.

“He needs to be responsible for what he did in the moment,” Wilkenloh said. “Nobody’s saying he’s not entitled to hold his son.” She added, “But he has to follow the rules just like anyone else has to.”

Kennedy, a reporter for Fox News, is scheduled to be in court again on June 14 at the Mount Kisco Justice Court.

Comments (6)

clandy:

I seem to remember the nurses explaining the security wristlet and rules in place for the babies safety. I can't imagine it is any different at other hospitals... nurses can't pick and choose who might 'look honest or safe, the rules have to apply to everyone....even rich people who choose to go to the same hospitals as the rest of us. Own up to your mistake, apologize to the nurses and have your next kid at home....no one but it's parents will be concerned with safety issues....oh. NM.

Mememom:

Sorry Mr. Kennedy but you are wrong. The rules are there to protect the babies. If someone stole your child, you would be the first one to complain about the lack of security.
My daughter has had all her babies in that hospital. It is a wonderful facility - the nurses are efficient and caring. They were only doing what they had to do and did not deserve to be treated in that fashion.
And let's not even get into the fact that he was taking a three-day old baby, dressed in only a receiving blanket, out "for some fresh air" in January! It sounds to me that he is not all there.

peace_23:

Mr. Kennedy's attorney is not doing his client any favors by acting in such an arrogant and disrespectful manner. When he states to the effect that no one deserves to be hauled in through this process I can only shake my head in disgust. Is Mr. Kennedy above the law? Is he so special that rules do not apply to him? Such indignation!! LOL. For his attorney to state that the nurses are trying to "line their pockets" is disgraceful. In the future, if the Kennedy's have another child, they should chose to have their child at home. This way the will not have to follow any rules but their own. Kudos the the nurses. Professionalism at its best. Jeff Meyer Tuckahoe, NY

taxed:

Unless the rules are Arbitrary and Capricious and violate the Constitution of the USA.
Professionalism or bureaucracy you mean? Its one thing to be professional but if you
are unflexable, unreasonable and too harsh on oridinary people than you may be violating
peoples rights to due process of law without even realizing it.

peace_23:

Mr. Kennedy's attorney is not doing his client any favors by acting in such an arrogant and disrespectful manner. When he states to the effect that no one deserves to be hauled in through this process I can only shake my head in disgust. Is Mr. Kennedy above the law? Is he so special that rules do not apply to him? Such indignation!! LOL. For his attorney to state that the nurses are trying to "line their pockets" is disgraceful. In the future, if the Kennedy's have another child, they should chose to have their child at home. This way the will not have to follow any rules but their own. Kudos the the nurses. Professionalism at its best. Jeff Meyer Tuckahoe, NY

peace_23:

Due to the serious nature of their duties, nurses and those administering care need to apply certain rules so order and safety is established. If Mr. Kennedy was offended by the instruction of the nurses then he should have filed a complaint with the hospital and use the procedure afforded him. After all, this is a maternity ward in a hospital not a pub. Also, for Mr. Kennedy to invoke the assassination of his father into this matter is bizarre. He should man up and handle this matter on his own without using the esteemed legacy of his late and heroic father. Jeff Meyer Tuckahoe, NY

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