MANHATTAN FAMILY COURT — A lawyer for one of the boys who admitted to seriously injuring Upper West Side real estate broker Marion Hedges after dropping a shopping cart on her at an East Harlem mall wants to hear from the woman herself because she reportedly feels sympathy for the young men and their families.
Family court defense attorney Shahabuddeen Ally said his 13-year-old client, whose name is being withheld by DNAinfo, was the subject of Hedges' compassion, the New York Post reported.
“Her concerns are more about the economic conditions that created that situation — what’s going on with these moms?” said a source closet to Hedges, who was not named in the Post story.
The boys, both age 12 at the time of the incident, admitted to tossing a Target shopping cart onto Hedges Oct. 30 as she was buying Halloween candy for charity at the East River Plaza's Costco in Harlem. The avid philanthropist and mother, who works for the real estate firm Prudential Douglas Elliman, was knocked into a coma by the cart as her young son watched from inches away.
Hedges' "favorable" intentions could help the case of the boy, who admitted his guilt but did not receive a formal sentence yet, the attorney argued before Manhattan Family Court Judge Susan Larabee on Tuesday.
"Since its favorable to my client, we should pursue a victim impact statement in this case," Ally said.
The judge ordered the Department of Probation, which handles the pre-sentencing report and other procedural matters, to reach out to Hedges or her family attorney for final word on whether she wants to submit a statement in this case.
The judge also said she would only consider "victim impact statements" made formally to the Department of Probation.
City attorneys who are prosecuting the case said Hedges and her family have already decided they do not want to speak.
"We were informed by the victim's family attorney they do not wish to make a statement in this case," prosecutor Leah Schmelzer said Tuesday, before the judge ordered the Department of Probation to check in again with the family, in light of the defense's request and media report.
The boy has not been allowed to leave a juvenile detention facility since his Oct. 31 arrest.
In December, the same boy who appeared Tuesday submitted a letter to the court apologizing to Hedges.
"I did not mean to hurt you. My actions were stupid. I hope you feel better. Let me know if there's anything I can do for you," the boy wrote. It is not known whether his letter has been sent to Hedges by prosecutors.
Both boys face up 18 months incarceration, a sentence that can be renewed after each term is served until they turn 18.
The boy who appeared Tuesday is due back in court on Jan. 26. The other is set to appear again on Jan. 17.