Legal News

Child?s Teddy Bear Used as Ploy in Nasty Divorce Case

By Dan Slater

Talk about a child getting “stuck in the middle” of two feuding parents.

William “Duke” Lewton, according to this story from Nebraska’s Omaha World-Herald, has sued his ex-wife, Dianna Divingnzzo, after she or someone on her behalf allegedly inserted an audio recorder into their 4-year-old daughter’s teddy bear during the couple’s acrimonious custody battle.

The suit reportedly alleges that Divingnzzo or her father planted a listening device inside “Little Bear” in an effort to expose her ex’s secrets. The plan backfired, however, when the judge presiding over child custody proceedings refused to hear the recordings. Sarpy County District Judge David Arterburn noted that under Nebraska law, at least one person in a conversation must consent to a recording.

“I just can’t imagine the thought of someone taking that little bear’s head off and implanting a device,” Lewton told the World-Herald. “It’s . . . incomprehensible.” Lewton said he gave “Little Bear” to his daughter long ago. Lewton said that now he searches his daughter’s coats and puts his daughter’s toys and teddy bears in the microwave for a few seconds. That way, he theorizes, the microwave will “zap” any recording device inside.

The Divingnzzos didn’t return the World-Herald’s calls seeking comment.

A transcript of a June hearing shows that William Bianco, one of Divingnzzo’s former attorneys, argued that the tapes could be used in the custody case. “I believe the tape recording of Mr. Lewton by my client and her father provides a window that professionals and this court can use to see where this child should be placed,” Bianco said.

But the judge reportedly noted at the hearing that it’s illegal for anyone to even review the results of an illegally obtained recording. “The court cannot be a party to or reward what may be a felony offense,” he ruled. Divingnzzo has not been charged in criminal court.

Full post as published by Law Blog - WSJ.com on January 07, 2009 (boomark / email).