Another Twist In 20-Year Old Kidnapping Case

Earlier in the day, sources indicated that a plea deal was in the works to avoid jail time for the Smileys. However, the judge adjourned the case until Sept. 10, time for the Master, a court appointed official who looks into cases assigned by judges, to thoroughly examine the case.
Smileys defense attorney, Steven Brill, called for the case to be dismissed "in the interest of justice." He said he hoped an amicable resolution could be negotiated, without the Smileys serving jail time. The District Attorneys office said they would decide in August whether to continue to pursue jail sentences for the Smileys.
Propps natural father, Anthony Russini, said he was in favor of the Smileys paying restitution, but not at the expense of the pair avoiding jail time. Russinis attorney, Fred Magovern agreed, insisting that the Smileys must be punished for their crimes.They could face up to 25 years in prison each if convicted.
"Despite the passage of time, the crime with which they are charged, strikes a chord in all of us to this day, because of its utter selfishness and disregard for the rights and feelings of the boys natural parents, as well as for the state of New York," said District Attorney Richard A. Brown.
The kidnapping saga unfolded in 1979, when Propps birth mother, Deborah Gardner, 19 and unmarried at the time, made arrangements for the childs adoption. On March 11, 1979, the child was removed from the hospital and placed in the care of the Smileys.
Gardner later alleged that her father coerced her to turn the child over to the Smileys. Subsequently, the boys natural father, Russini, learned of the purported adoption, of which he claimed to have no knowledge, and together with Gardner, rescinded her consent on the grounds that it was not knowingly or willingly given. The couple successfully petitioned the court to have the baby returned to them.
One month later, the court ruled in favor of the birth parents, and ordered the Smileys to return Matthew.
However, rather than turn over the child they had quickly grown attached to, the Smileys fled from their Jamaica Estates home and turned up in New Mexico under the newly assumed identity of Bennett and Mary Propp.
Barry Smiley surrendered to authorities in March. Judith Smiley, confined to a wheelchair, surrendered Wednesday and was released on $25,000 bail.