Steven H. Resnicoff, a professor at DePaul University College of Law in Chicago and an ordained rabbi, believes that Alan and Sonye Grossberg, the parents of Amy Grossberg who along with her husband, Brian C. Peterson, Jr., is charged with murdering their baby, cannot escape testifying against their daughter under Jewish law.

The couple, both 19, were charged with murder in the death of their baby boy after his body was found in a trash bin behind the Delaware motel where he was born in November, 1996. After being twice delayed, trial is scheduled to begin May 4.

Amy Grossberg's parents, who are members of Temple Beth Rishon in Wyckoff, N.J., were ordered to testify in the case, but instead filed a motion charging that as followers of Judaism, they would violate their religion if forced to testify against their child. Jewish law, according to their claim, forbids parents from testifying against their children. Their attorney, Robert K. Tanenbaum of Beverly Hills, Calif., contends that the First Amendment gives the Grossbergs the right to practice their religion without government interference, so they cannot be forced to testify. The motion requests a Dec. 23 or Dec.24 hearing date.

"This argument will fail for two reasons," explained DePaul's Resnicoff. "First, even if the Grossbergs had a valid First Amendment argument, the state has a compelling interest in obtaining their testimony in this murder prosecution. The Supreme Court has held that such an interest justifies a narrow infringement on religious liberty.

"Second, the Grossbergs' underlying Jewish law argument is wrong," said Resnicoff. "The Jewish law authorities the Grossbergs cite do not prohibit parents from testifying in a secular court. Rather, these authorities deal with procedural rules pertinent to a proceeding in a Jewish court. Thus in a Jewish law proceeding, certain persons, such family members of a party, are not qualified to serve as witnesses."DePaul University College of Law

Professor Resnicoff is an expert in the inter-relationship between secular law and Jewish law. He has also lectured extensively on Jewish law and ethics and is the chair-elect of the Jewish Law Section of the American Association of Law Schools. He can be reached at 312/362-8137 or at sresnico"condor.depaul.edu.