Trial Date Set In Propp Kidnapping Case
By Herbert Lowe, Staff Writer
Originally published in Newsday, April 10, 2002
A New Mexico couple, accused of kidnapping the Queens boy they wanted to adopt more than 20 years ago, must appear for trial on June 4 in State Supreme Court in Kew Gardens.
With months-long talks stalled between prosecutors and defense attorneys, acting Justice Joseph Grosso yesterday set the trial date and referred the case to Justice Roger Rosengarten.
Barry Smiley, 57, and his wife, Judith, 55, allegedly fled New York in 1980 after a Queens Family Court judge ordered them to return the baby.
The boy, Matthew Propp, now 23 and a hospital security guard, was raised in New Mexico and still lives there with the couple, who were known for two decades as Bennett and Mary Propp.
"It's good to see it finally moving along to trial," said Anthony Russini, 42, of Westbury, the biological father who has said he never wanted his son put up for adoption, and steadfastly rejected any plea deals.
"Let's put these people in prison where they belong," Russini said. "Anything at all other than 'guilty' would amaze me because my son is living in their house. He lives with the people who kidnapped him."
The Smileys are free on $25,000 bail each and both face serving between 2 and 25 years in prison if convicted of second-degree kidnapping.
Their double life came to light a year ago when Propp unsuccessfully sought his birth certificate for a law enforcement job in New Mexico.
Russini soon met his son, but they have not bonded as the father had hoped—Propp skipped his sister's high school graduation in June and the October funeral of his brother, Christopher Russini, 20, a Westbury firefighter who died of carbon monoxide poisoning.
The Smileys' attorneys said they believe the case could be settled before trial if not for Russini's bitterness. "We've reached an impasse and I don't believe the Smileys are responsible," said Steven Brill, who represents Judith Smiley.
"Clearly the defendants are disappointed that this couldn't be resolved and are certainly not anxious to have a huge trial on this that would be difficult for everybody involved," said Barry Smiley's attorney, Jennifer Reddin Eliou.
Both attorneys said they would like to see their clients plead to lesser charges—such as custodial interference, unlawful imprisonment or endangering the life of a child—that would require no jail time.
Assistant District Attorney Eric Rosenbaum said prosecutors, like Russini, are insisting the defendants plead to no less than kidnapping.
"They either admit what they did and take the penalties, or they go to trial," Rosenbaum said.
Both sides are still awaiting the results of a paternity test, a formality required to show that Russini is indeed the boy's father.
