The custody of 4-year-old Kennedy Gattuso, believed by police to be the motivating factor for the murder of Fargo dentist Philip Gattuso last October, has been settled, the parties involved say.
Roy Gattuso, brother of Philip Gattuso, was granted permanent custody last Friday after Regan Williams, the girl's maternal aunt, withdrew a lawsuit for custody.
Williams - the sister of Philip Gattuso's late wife, Valerie - and Roy Gattuso were involved in a heated court battle that was set to culminate in a five-day custody trial beginning Monday.
"It became really clear that they were more interested in trying to prosecute my dad than me," Williams said of dropping her case. "I just felt like I was not going to get a fair trial anywhere."
Williams is the daughter of Gene Kirkpatrick, who police allege hired a hitman to kill Philip Gattuso, his former son-in-law. She often took care of Kennedy Gattuso while the girl's mother struggled with a heart condition and maintains she had no knowledge of Kirkpatrick's actions.
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Police believe Kirkpatrick did not approve of Philip Gattuso raising Kennedy following the death of Valerie Gattuso seven months prior to the fatal beating.
"We're totally elated. We have some closure now," Roy Gattuso said of the outcome, but added, "Until the people who have been involved in the situation are brought to justice, we don't feel safe."
Kirkpatrick's trial has been delayed until after the trial of Michael Nakvinda - the man believed to have received $3,000 in exchange for beating Gattuso to death - scheduled to start Nov. 30.
Roy Gattuso has had temporary custody of Kennedy since Nov. 17. Williams was granted limited visitation in March through seven-minute phone calls every third Sunday, but she has no visitation rights under the new settlement.
Roy Gattuso said Kennedy will live with his daughter, who has been granted shared custody, and her husband in New Orleans. He does not foresee a relationship with Williams in the future.
"There's stuff I just can't reveal at this time," he said. "Until the trial of her father is over, we don't have enough information, and the information we do have is not good."
Williams described the outcome as "heartbreaking" and said she dropped the lawsuit in hopes that she could continue a relationship with Kennedy and the Gattusos.
She said she did not get her last visit with Kennedy before the judge signed over custody because the phone number she had was disconnected. Gattuso said the number change was a misunderstanding with the phone company after his daughter changed residences.
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The custody clashes since October have been numerous, including arguments over the location of custody hearings and accusations by the Gattusos of attempted contact violations by Kirkpatrick's family. Williams at one point asked a judge to require mental evaluations of those involved in the custody case but was denied, and Gattuso had the hearings of the custody trial closed to the public in May.
As of now, Gattuso said Kennedy "is doing phenomenal" and expressed relief that the long, expensive process is over.
"What's off our back is the burden of dealing with the trial and the stress and the preparation and financial burden," he said. "I can assure you that it was worth every penny that we spent, but I can assure you it wasn't a pleasant thing."
Williams said she "did everything within my power to do what was right for" Kennedy.
"The last time I talked with Kennedy, she asked me why I gave her away," Williams said. "I don't want her to grow up and think I gave her away, so no, I don't think it was all for nothing."
