Judge Says Kidnap Stole Boy's Childhood

By Austin Fenner, Daily News Staff Writer
Originally published in the Daily News, April 27, 2001

A Queens judge ripped the couple who kidnapped a 15-month-old boy two decades ago and raised him in New Mexico saying yesterday the young man's "childhood was murdered."

"The child is dead the child born to the biological parents was kidnapped," said Family Court Judge Guy DePhillips. "It was raised to adulthood by the kidnappers."

DePhillips denounced Barry and Judith Smiley for defying a 1979 order to return the boy to his biological parents, Anthony Russini and Deborah Gardner. The Smileys got the child in a private adoption that a judge later ruled was rife with fraud.

The couple fled Queens, settled in New Mexico, changed their names to Bennett and Mary Propp, and named the boy Matthew.

Russini, who is divorced from Gardner, broke down when he heard the judge say, "Mr. Russini is, in fact, the father of the child."

Outside court, Russini said he felt vindicated.

"This is 22 years of pain," the Long Island man said. "I put my trust in the system. It's a childhood that's gone. It's a first step I'll never see. It's a 'Daddy' I'll never hear."

Matthew Propp, now 22, only recently learned the Smileys aren't his real parents. He has defended them, even as he has tried to forge relationships with Russini and Gardner.

Barry Smiley, 56, was in Family Court yesterday to answer a contempt of court charge for failing to return the child to his biological parents. But DePhillips threw the case out of Family Court.

He said the case was a "criminal matter" and not a custody case.

Kidnapping charges are pending against the Smileys in Queens Supreme Court.

Judith Smiley, 54, stayed behind in New Mexico because she's in poor health, lawyers said yesterday.

She has been ordered to appear for a June 6 hearing in the criminal case.