Grieving Loved Ones at War Over a Pension

It is sad when a family member dies, and even sadder when the aftermath of the death brings feuding and court actions between loved ones.  The parents and fiancée of Kevin Prior, a firefighter killed in the 9/11 attack on the World Trade Center, are embroiled in such a dispute over the $37,600 a year in benefits payable to survivors under Mr. Prior’s pension plan. A 2003 New York State law allowed “domestic partners,” as well as parents and spouses, to collect the pension benefits of firefighters and policemen killed on 9/11.  The definition of domestic partner is someone who showed either “unilateral dependence or mutual interdependence” with the deceased based upon a court’s analysis of any relevant factors such as living arrangements, budgeting, length and seriousness of the relationship, and intent to marry.  In the case of Mr. Prior’s survivors, the two sides offer completely different versions of the reality that constituted Mr. Prior’s personal relationships.

The fiancée, Doreen Noone, claims that the two lived together for eight months during the 1990s and that Mr. Prior paid most of her bills.  She also claims that she spent four or five nights a week with him in his parents’ basement, where he later moved, returning to her own parents’ house only when he was on duty at the firehouse.  Prior’s parent flatly deny her account, insisting that none of their boys were allowed to “have girls overnight” in the house.  Although they concede that their son had paid approximately $7,000 of Noone’s bills over a three-year period, the Priors contend that the couple did not share budgeting.  “All that happened was they had plans for a wedding, and those plans were interrupted,” they say.  Mr. Prior’s best friend, Sgt. Edward Wheeler (who is now married to Ms. Noone), supports Ms. Noone’s version of the relationship.

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The Culpability of Passive Abuse

Last Friday, a Brooklyn mother was convicted of manslaughter in an infamous case that has, once again, led to soul-searching and overhaul of New York City’s child welfare system.  What is remarkable about this case is that the mother never struck a single blow; rather, her 7-year-old daughter was beaten to death by her stepfather.  Seven months ago, the stepfather was similarly convicted, and he is currently serving 26 1/3 to 29 years in prison.  Ironically, the mother could end up serving much more time than that, because she was also convicted of assault, unlawful imprisonment, and endangering the welfare of a child.

As any child advocate will tell you, the facts of cases such as this one are horrifyingly familiar: brutal beatings and sadistic tortures by one adult (in this case, the little girl was tied to chairs, held under cold water, and forced to use a litter box instead of a toilet), chilling acquiescence by another adult, and mistake after mistake by whatever public agency is supposed to prevent this kind of thing by early intervention into suspicious circumstances.  Nearly two decades ago another notorious New York case, which involved the beating death of another little girl, triggered a national discussion about accountability and responsibility on the part of the “passive” parent.  In that case, 6-year-old Lisa Steinberg was beaten unconscious by Joel Steinberg (who had illegally adopted her) while Steinberg’s partner, Hedda Nussbaum (pictured above), was in the next room.  Steinberg left the apartment for three hours, leaving the girl unconscious, and Hedda did not call for help until the next morning, when the child stopped breathing.  In the Steinberg case, though, Joel was convicted of the killing while all charges were ultimately dropped against Hedda.

Why the difference in outcomes? 

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Lessons from Nebraska’s Struggle With an Abandoned Baby Law

In the past few years, many states have passed legislation allowing parents of newborns to drop their infants off at a designated safe place, no questions asked. These laws are intended to prevent the tragedy of unwanted newborns that have been literally left to die in dumpsters, public toilets, and similar places, usually by panicked teenage parents. Nebraska is the most recent state to pass such a law, but whether by negligence or design, the Nebraska statute did not specify a maximum age of a child who could be left at a safe place without legal repercussions to the parents. In a turn of events that would be comical if it weren’t so sad, Nebraska has seen a parade of 17 different children dropped off at designated hospitals: none of them have been infants, and most have been adolescents. Since Nebraska’s legislature is part-time and does not resume session until January, there may be more drop-offs before the law can be amended.

What’s going on here, and what can we learn from it?

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