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A judge allows Kristina Gaime's parents an hour with their grandson, Adam, at a public place every two weeks.
By CHASE SQUIRES
© St. Petersburg Times, published October 6, 1999
TAMPA -- A judge on Tuesday ruled the parents of Kristina Gaime, who is charged with killing one of her sons and trying to kill the other, are entitled to one hour of supervised visitation every two weeks with the surviving boy.
Circuit Judge Vivian Maye said Gary and Kathleen McDuffie will be allowed regular visitation with 8-year-old Adam Rotell at a public place, such as a restaurant, with state supervision. As a condition of the visits, they may not give pictures of the boy to reporters and may not repeat anything the boy says to reporters.
Attorney Jim Kramer, representing Adam's father, Stephen Rotell, objected to the twice-monthly visits and told Maye in the 30-minute hearing that he may file a motion to block all of the McDuffies' visits with the child.
Since May, the McDuffies have been entitled to one monthly visit under the supervision of Stephen Rotell's parents, but that arrangement did not work out, Department of Children and Families spokesman Tom Jones said. DCF moved to amend the visitation because of the ongoing problems.
Gary McDuffie, outside the courtroom Tuesday, said Maye's ruling was "a relief" because it guaranteed him regular visits with Adam. In the past 24 weeks, the McDuffies said, they have only been allowed to visit with Adam four times.
The child now is living with Stephen Rotell.
"This will be better for Adam because he does love us and he does want to spend time with us," Kathleen McDuffie said.
Kramer complained in the hearing that the McDuffies have shared pictures of Adam with reporters and might take more photos and distribute them.
"(Stephen Rotell) doesn't trust the grandparents at this point not to release pictures to the media," Kramer said.
Gaime has been in custody since her arrest in May on charges of first-degree murder and attempted murder. Authorities say she drugged her two sons sometime the night of April 11 or early April 12, loaded them in the family minivan at their Land O'Lakes home, then directed the van's exhaust into the passenger cabin.
Kathleen McDuffie found Mathew, 6, dead inside the van April 12. Adam and his mother were both inside the home alive. Gaime somehow suffered a series of burns or bruises on her body during the night. Those unexplained injuries have kept Gaime in a hospital ward at the county jail at Land O'Lakes.
The events capped a five-year custody battle after Gaime and Stephen Rotell divorced. The divided families held separate funerals for Mathew.
Kathleen McDuffie said her daughter misses Adam "terribly" but is slowly recovering from her wounds. Gaime moves around using a walker and can stand for short periods, she said.
Gaime's case is still in Circuit Court in Pasco County. She has been examined by two of three court-appointed psychiatrists employed to determine her ability to stand trial and assist in her defense. A date for her competency hearing has not been set, but it is expected to be held sometime this month.
Her criminal defense team says she does not remember the night her son died and may have been the victim of a violent attack.
Rotell, present for the hearing, did not comment. Kramer, already fined once by Maye for commenting about the custody case, also declined to discuss the case outside the courtroom except to say his client only wants to protect Adam from any more harm.
"He's just doing what he feels is in Adam's best interest," Kramer said. "That's all he's ever done."