# Joel Steinberg

Joel Barnet Steinberg (born May 25, 1941) is a disbarred New York City criminal defense attorney who attracted international media attention when he was accused of rape and murder, and was convicted of manslaughter, in the November 1, 1987, beating and subsequent death of a six-year-old girl, Elizabeth ("Lisa") Launders, whom he and his live-in partner, Hedda Nussbaum, had illegally adopted.

## Early life

Joel Steinberg was raised in the Bronx and Yonkers, New York in a Jewish family. After graduating from Fordham University in 1962, he attended New York University Law School, but was dropped in 1964, and joined the U.S. Air Force in the following year. Following his military career, he returned to law school, and was admitted to the bar in New York. Due to the ongoing Vietnam War, lawyers whose studies were interrupted by conscription were exempted from the bar exam requirement, if they met certain requirements.

## Background

Steinberg shared a Greenwich Village, Manhattan apartment at 14 West 10th St with his live-in partner, Hedda Nussbaum. Steinberg worked as a lawyer, specialising in arranging adoptions.
The couple also raised two illegally adopted children, 6-year-old Lisa and 16-month-old Mitchell. Steinberg had been hired by a single mother named Michele Launders to locate a suitable adoptive family for Lisa. Launders paid Steinberg $500, requesting Lisa be placed in a Roman Catholic family. Steinberg reportedly found a family, but the adoption fell through when they refused to pay $50,000 for the baby. Steinberg decided to bring Lisa to live with them, but never filed formal adoption papers, and the child was not legally adopted.
Mitchell had also been illegally adopted, with the child being recommended to them by Dr. Peter Sarosi, who had previously treated Nussbaum for infertility. Nicole Smigiel, the boy's birth mother, was 16 years old at the time. She allowed the doctor and an attorney handle the adoption. However, papers were never filed, and no payments were made, causing the adoption of Mitchell to be ruled illegal.
The relationship between Steinberg and Nussbaum was fraught, with neighbors regularly phoning police during their 13-year relationship to report that Steinberg beat Nussbaum. Her screams often echoed through the air shafts of the building, and friends begged Nussbaum to leave Steinberg. On previous visits police found Nussbaum hiding in a closet, and refusing to come out. Neighbors also reported suspected child abuse, and investigators twice visited the apartment, but found nothing wrong. Nussbaum suffered multiple broken bones over the last 10 years of her relationship with Steinberg, with the heaviest attacks occurring in the last five years the couple was together. Her nose had been broken several times, and she had cauliflower ears as a result of the beatings.

## Murder of Lisa Steinberg

Steinberg was under the influence of crack cocaine when he hit Lisa on the head on November 1, 1987. After the attack, he left the apartment for a dinner appointment with a friend. When he returned, he refused to help the child and instead freebased cocaine for the next several hours. The couple called an ambulance the next morning, with Steinberg telling authorities that Lisa had thrown up the previous evening and may have swallowed some of the vomit. Upon her admission to Saint Vincent's Hospital, doctors found that Lisa had bleeding to the brain, and bruising on her head and spine. Medical staff informed the police, who visited the Steinberg Greenwich Village apartment.
The police found the apartment in a squalid state, with excrement and garbage strewn around, and no working lights. Cocaine, hashish and marijuana were found, along with $25,000 in cash and travelers checks, leading police to believe the couple had been drug dealing. They also discovered another adopted child, 16-month-old Mitchell. He had been tied to his playpen and had only a mat to sleep on. The police brought him to St. Vincent's Hospital, who discharged him, stating he was in good health. He was to be placed in foster care.
In addition to Steinberg's deadly assault on Lisa, Nussbaum showed signs of physical abuse at Steinberg's hands. She was admitted to a prison hospital, to treat nine broken ribs, a broken nose, and gangrene on her leg. The gangrene was so serious that doctors considered amputating the limb.
Lisa remained in the hospital for three days before being diagnosed as brain dead. She died after her life support was removed. Her birth mother, Michelle Launders, went to court to obtain the right to bury Lisa, stating that she did not want the child to be buried by the same people who killed her. The judge ruled in her favor, due to Lisa never having been legally adopted. She was buried on London Island with over 1,000 people attending the funeral.
New York State's child abuse phone line was overwhelmed with calls following the news of Lisa's death. The department of Social Services, which operated the phone line, said that on a single Sunday they had received 588 calls, 83% more than they usually received.

## Murder Trial

In exchange for testifying against Steinberg, Nussbaum was not prosecuted for events related to Lisa's death. Nussbaum was alone in the apartment with an unconscious and bleeding Lisa for over ten hours without seeking any medical attention for the girl. At Steinberg's twelve-week trial, his defense argued that Nussbaum's extensive injuries resulted from a consensual sadomasochistic relationship between the two defendants. Her attorneys claimed that Nussbaum's decision to stay with Steinberg, even though she was a victim of domestic violence, was a sign of battered woman syndrome.
In New York State at that time, first-degree murder applied only to those who killed police officers or had committed murder while already serving a sentence for a previous murder. The jury was unable to convict Steinberg on the more serious charge of second-degree murder, but it did convict him of the lesser charge of first-degree manslaughter. Judge Harold Rothwax subsequently sentenced Steinberg to the maximum penalty then available for that charge: 81⁄3 to 25 years in state prison.
On two occasions, Steinberg was denied discretionary parole, mainly because he never expressed remorse for the killing. However, on June 30, 2004, he was paroled under the state's "good time" law, which mandated the release of inmates who exhibited good behavior while incarcerated after having served two-thirds or more of the maximum possible sentence. New York State has since increased this ratio to six-sevenths of the maximum term for persons convicted of violent felonies. Steinberg had spent most of his imprisonment at New York State's supermax prison, the Southport Correctional Facility, presumably to prevent him from being attacked by other inmates.
After his release, Steinberg moved to Harlem, where he took up work in the construction industry. As of 2006, he maintained his innocence. Mitchell was reunited with his biological mother, Nicole Bridget Smigiel.

## Civil lawsuit

In 1988, Lisa's birth mother, Michele Launders filed a civil lawsuit against Steinberg and New York City. Her lawyers claimed that the agencies involved in her care had not acted when there were signs of abuse. They claimed Lisa had shown up to school with bruises, and no one acted. City representatives visited Steinberg's apartment after neighbours complained, but didn't remove the child.
On January 16, 2007, the New York Supreme Court, Appellate Division (New York's intermediate appellate court) upheld a $15 million award against Steinberg to Michele Launders, Lisa's birth mother. In its opinion, the court rejected the position that Steinberg, who acted as his own attorney, put forth:
    [F]or Steinberg to dismiss the 8 to 10 hours preceding Lisa's death as “at most, eight hours of pain and suffering,” or as he alternatively states, a “quick loss of consciousness” (emphasis supplied), demonstrates that he is as devoid of any empathy or human emotion now as he was almost 20 years ago when he stood trial for Lisa's homicide. As any parent and, no doubt, most adults who have taken trips with young children can attest, the oft-heard question, “are we there yet?” is a clear illustration that, the more anticipated an event or destination so, seemingly slower the passage of time in a child's mind. For Lisa, lying on a bathroom floor, her body aching from bruises of "varying ages," her brain swelling from Joel Steinberg's "staggering blow," those 8 to 10 hours so cavalierly dismissed by Steinberg must have seemed like eternity, as she waited and wondered when someone would come to comfort her, and help make the pain go away.

## Mitchell Steinberg's Adoption

Mitchell Steinberg was placed in foster care following the arrest of Steinberg and Nussbaum, while authorities worked to figure out where to place the child. Mitchell's birth mother, Nicole Smigiel, appeared in Manhattan Family Court to attempt to regain custody of the 16 month old boy, but Nussbaum's attorney opposed the request, insisting that the adoption had been legal.
As part of Mitchell's custody battle, Smigiel's social worker reports where shared, revealing why Mitchell had been put up for adoption. Smigiel had been 16 at the time she became pregnant with Mitchell, and remained in denial until the was eight months along. When she discovered her prom dress wouldn't fit, she sought help from social services with the support of her mother. So ial services noted that Smigiel had experienced morning sickness, and vomited blood, but instead believed she had a life threating illness. She attended a doctor's for a physical exam, and the possibility of pregnancy wasn't discussed. When her pregnancy was confirmed by a doctor, Smigiel immediately began discussing how to arrange an adoption for the child.
Dr Peter Sarosi delivered Mitchell at Beth Israel Hospital in Manhattan, through an induced labour with Smigiel being eight months and a week pregnant. Dr Sarosi contacted Nussbaum, whom he'd treated for infertility in the past, to see if she would be interested in adopting the child with Steinberg. Steinberg was. keen, and recommended David Verplank to handle the legal arrangements. The child handed to Dr Sarosi's wife, who turned the child over to Steinberg. Dr Sarosi claimed he received no money from the adoption.
In November 1987 Smigiel won temporary custody of Mitchell, after the Appellate Division of the State Supreme Court ruled that Steinberg and Nussbaum had no right to block the custody transfer. The judge mentioned the appalling conditions the child was found in on November 2nd as one of the reasons for their ruling. Smigiel dropped out of Loyola University in Baltimore and moved in with her parents to care for Mitchell, whom she renamed Travis Christian.
The parents of Hedda Nussbaum were devastated by the ruling, having prepared to spend Christmas with the boy. Steinberg's parents strongly defended their son, insisting that Lisa and Mitchell were raised in a lovely happy home. The claimed the saw the children often, with Steinberg bringing them to their house in Yonkers. Nussbaum gave up her attempts to gain custody of Mitchell after seeing footage of Smigiel being reunited with him.