State
THE BATTALION Page 9A
WEDNESDAY, SEPTEMBER 2, 1981
Boys want to be with mother
Father wins custody of sons
United Press International
HOUSTON — A family court
judge Tuesday ordered two boys,
allegedly kidnapped from their
father by their divorced mother in
November 1979, returned to the
father immediately. The boys
broke into tears at the news.
Judge Bruce Wettman said
Texas and federal laws required
that Scott Berne, 11, and his
brother, Mark, 7, be returned to
Rochester, N.Y., and the home of
their father, high school principal
Dale Berne, 43.
The boys wept as Wettman
took them into his office to explain
what was happening. Scott hug
ged and tried to reassure his youn
ger brother.
“We wanted her to (take us),”
Scott told the judge through his
tears. “Are we going to see her
again?”
“Can I say bye to my mother?”
Mark asked. •
Harriet Berne, 37, an elemen
tary school teacher in Houston,
confronted her ex-husband in
Wettman’s court and testified she
Aggie Trivia
“On June 3, 1916, Congress
passed the National Defense
Act authorizing establishment
of Reserve Officer Training
Corps programs at qualifying
educational institutions. Texas
A&M fully embraced the milit
ary training program which so
thoroughly complemented its
military orientation. For the
next several years, military
training and the war almost
overwhelmed the academic
aspects of the College. The
mark of the military, if it had not
been so before, now became an
indelible part of A&M’s history
and tradition.” — A Pictoral
History of Texas A&M Univer
sity by Henry C. Dethloff
took the children because he had
harmed them.
Berne vehemently denied the
accusation and cited a lengthy
child custody proceeding in the
New York courts in which he was
found to be a qualified parent and
awarded custody of the boys.
Berne’s eyes filled with tears
and he hugged his lawyer when
Wettman granted his habeas cor
pus petition demanding the boys’
return. The mother sat in stunned
silence and walked rapidly from
the courthouse with her lawyer.
The boys have been in the cus
tody of Harris County Family
Court Services since Mrs. Berne
was arrested last week on federal
charges of unlawful flight to avoid
a kidnapping prosecution in New
York. Authorities said she. had
been living with her boys under
the name Judy King. She was
found after a former babysitter
recognized the boys’ photographs
in a magazine article about child
kidnapping.
Mrs. Berne is fighting extradi
tion to New York and is free on
$5,000 bond pending a hearing.
Wettman, who ordered county
officials to allow the boys a parting
meeting with their mother, told
the boys he had no choice under
the law and that their future would
be determined in New York
courts. He said he was sure the
mother would be present at the
New York proceedings.
“I want you guys to try real hard
to be as strong as you can about it, ”
the judge said. “It’s going to take
some guts on your part. ”
The boys angrily and tearfully
rejected their father in a meeting
in Wettman’s office, even though
their father tried to reassure
them.
Scott said to his father, “Why
won’t you let us be with our Mom?
We asked her to take us.”
“Whatever all that’s been going
on, I want you to know I love you
very much,” the father replied.
Berne’s lawyer, Paul Cooley,
said he believed the case was the
first to be heard under a new fed
eral law intended to impede pa
rents from stealing their children
from each other. The law took
effect July 1.
For the birds
These birds on the lawn in
front of the Academic Build
ing didn’t seem to mind the
rain Monday. Weather offi
cials at Easterwood Airport
reported more than one
inch of rain had fallen in the
area since Sunday.
Staff photo by Becky Swanson
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tm
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cHOWDY CPARTY
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