Jan 13, 2009 7:36 pm US/Eastern
Wife In Kidney Case Denies Cheating Claim By Ex
Dr. Richard Batista Claims Wife Dawnell Had An Affair; He Wants Organ Returned Or $1.5 Million In Compensation
MINEOLA (CBS) ―
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Dr. Richard Batista is demanding his wife either return the kidney he donated to her or pay him $1.5 million.
CBS
A bitter high-profile divorce trial began on Long Island on Tuesday between the couple who are wrestling over the rightful owner of a kidney.
A throng of reporters surrounded Dawnell Batista as she arrived at Mineola Matrimonial Court. She and her 49-year-old Long Island surgeon husband, Dr. Richard Batista, are fighting over custody of the kidney he donated to her in 2001, when hers failed, just after she gave birth to their third child.
But the fight may be more about custody of their children.
"I gave a kidney. That doesn't mean it gave the mother the right to hold the children back against me," Richard Batista said.
Richard Batista wants his wife jailed for failing to allow ample visitation, while demanding his kidney back or $1.5 million in compensation. He told the matrimonial judge it's his wife's fault because she had an affair with another man.
But Mrs. Batista's lawyer dropped a bombshell.
"In 2004, she was diagnosed with breast cancer and had a double mastectomy, and reconstructive surgery," attorney Douglas Rothkopf said. "During this time it is alleged falsely that she was having an affair with her therapist, prescribed by the physicians. It's absurd and ridiculous."
Dawnell Batista will testify that her husband was so obsessed with his belief she was fooling around, that he compulsively examined her clothing.
"What a terrible thing for a man to be -- jealous. The smelling of whatever it was … ridiculous. It's stupid," said Dominic Barbara, attorney for Richard Batista. "You give a kidney. You love your wife that much, and then whatever she's doing, you get jealous. You mean, is he human? Look at him folks!"
The trial won't resume until early March.
Several legal experts have said a kidney would not be considered "matrimonial property" and that Richard Batista is likely to lose his bid for $1.5 million.
Dawnell Batista's lawyer told reporters he would be calling other breast cancer and kidney survivors to testify about the need for close platonic relationships with therapists during recovery.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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