Saturday, April 24, 1999

Justin's birth parents sue their attorney

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BY KRISTINA GOETZ
The Cincinnati Enquirer

Regina Moore and Jerry Dorning. (AP photo) | ZOOM |

        COVINGTON — The Cincinnati attorney who helped a Covington couple place their son for adoption last year said Friday he is “shocked and saddened” that they are now suing him.

        Regina Moore and Jerry Dorning, who are in a two-state battle to regain custody of their 2-year-old biological son Justin, have filed suit in Kenton Circuit Court claiming their former attorney, Thomas Donnelly, was negligent.

        Mr. Donnelly left the case in April 1998.

        “This hurts not only because they have betrayed their friend, it hurts because I put my heart and soul into representing them, as I do for all birth parents I have represented,” Mr. Donnelly said.

        The suit claims that the attorney did not properly inform the two of their rights and obligations in the termination-of-parental-rights and adoption proceedings.

        It also alleges that Mr. Donnelly abandoned the two at a critical time in their case.

        Covington attorney Eric Deters, who is representing the biological parents, said the lawsuit is not a legal maneuver by his clients, but a demand for accountability of an attorney.

        The suit seeks unspecified damages.

        “The total extent of the damages suffered by my clients will depend on the outcome of the Kentucky and Ohio litigation pending,” Mr. Deters said. “Unfortunately, Mr. Donnelly's negligence has caused the entire mess.”

        Mr. Donnelly maintains that the accusations are false and said he will represent himself.

        “I will be vindicated by a jury of the people of Kenton County,” he said. “This will go to trial. If they are looking for money, let them know I will never settle because I will not give life to their false statements.

        “If they are looking for someone to blame, they are looking in the wrong direction.”

        Ms. Moore and Mr. Dorning agreed last year to allow Richard and Cheryl Asente of Girard, Ohio, to adopt their son, Justin.

        The Asentes had previously adopted the unmarried couple's other son, Joey. When they asked the Asentes whether they wanted to adopt Justin also, the couple signed consent forms and the Asentes took custody of Justin in February 1998.

        When Ms. Moore and Mr. Dorning changed their minds a few weeks later, the Asentes refused to give the child up.

        Kenton Circuit Judge Patricia Summe ruled earlier this year that the adoption wasn't final and ordered Justin back to his biological parents. The Kentucky Court of Appeals upheld the judge's ruling and ordered visitation to begin.

        But Probate Judge R.R. Denny Clunk, sitting in Trumbull County Probate Court in Ohio, ruled that Justin is an Ohio resident and denied the biological parents visitation.

        Judge Clunk also said the case should be tried in Ohio.

       

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