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Wednesday, 19 June, 2002, 10:06 GMT 11:06 UK
Couple faces jail for snatching baby
Barry and Judith Smiley in a New York courtroom
The couple had been fugitives for 22 years
An American couple is to be jailed for kidnapping a baby 22 years ago and raising him as their son.


We broke the law and we're willing to take responsibility for that

Barry Smiley
The child at the centre of the case, Matthew Propp - now 23 - said he was "relieved" the case was over but upset that the couple will face jail time.

Lawyers say Barry Smiley, 56, will face up to six years in prison, while his 55-year-old wife Judith - who uses a wheelchair - will now face a six-month sentence.

They could have faced up to 25 years behind bars but are likely to receive shorter sentences after making a plea bargain.

The sentencing will take place next month.

Son's support

Matthew Propp has stood by the couple throughout the trial, and sat close to them in the New York courtroom on Tuesday.

Judith Smiley, Matthew Propp, Barry Smiley
The Smileys refused to give up Matthew
"They're my parents. My feelings for them haven't changed at all. I still love them very much," he said.

While Mr Smiley pleaded guilty to second-degree kidnapping, Mrs Smiley was allowed to plead guilty to lesser charges because of her ill health, lawyers said.

"We broke the law and we're willing to take responsibility for that," Mr Smiley said. "We're truly sorry for any pain we caused."

Father's regret

Mr Propp's maternal grandfather had arranged for the Smileys to adopt him at birth.

Anthony Russini, father of Matthew Propp
The biological father will receive $100,000
But when he was just 15 months' old, a judge declared the adoption illegal because Mr Propp's biological mother, Deborah Gardner, had not agreed.

The Smileys vanished with the baby to Albuquerque, New Mexico, and assumed the false names Bennett and Mary Propp - only to surrender to New York authorities last year after living as fugitives for more than two decades.

While Mr Propp's biological mother was not involved with this case, his biological father, Anthony Russini, will be paid $100,000 in restitution - reportedly the amount he spent looking for him after the 1980 abduction.

"They took my son. Unfortunately, I will never get to have the relationship with my son that I would have had, had I raised him myself," Mr Russini said.

"But I finally get to move on."

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The BBC's Emma Simpson
"The Smilies left court saying they were truely sorry"
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