A Suffolk County Family Court judge has rejected a paternity suit filed by death-row cop killer Ronell Wilson over the child of the Long Island prison guard he had sex with in jail.
Justice David Freundlich ruled that Wilson had no right to sue under a "civil death" statute in New York that is designed to extinguish most civil rights of convicted prisoners.
Wilson this year fathered a child with former federal prison guard Nancy Gonzalez, 29, of Huntington Station.
"The petitioner began his petition while incarcerated, and was therefore civilly dead, and in treating him as if he were actually dead, this Court must deny such petition," the judge wrote in the Oct. 1 ruling.
Gonzalez has pleaded guilty to violating federal law by having sex last year in a federal lockup with Wilson, 31, who was sentenced to death by a jury in July for the 2003 killing of two undercover NYPD detectives.
Just a month after the jury in Brooklyn federal court voted unanimously for capital punishment, Wilson filed for a declaration of paternity over the child born to Gonzalez in March, whom her lawyer has said was named Justus.
Gonzalez, in appearances at Brooklyn federal court, has not disputed that Wilson was the father of the child, and has said that she hoped the jury would spare him.
Her lawyer, Michael Alber of Hauppauge, said Monday that a paternity declaration could have given Wilson, his mother and other family members possible rights relating to custody and visitation.
Alber said that Freundlich's ruling effectively gives Gonzalez sole control and authority over the child's upbringing.
"I don't know how Miss Gonzalez feels about Mr. Wilson," Alber said. "Here it was a consideration of the best interest of the child."A lawyer for Wilson, who has a right to appeal, did not return a message seeking comment. Gonzalez is scheduled to be sentenced Nov. 15.
Her criminal defense attorney did not return a call seeking comment.