Fred Magovern

It's a slap on the wrist for kidnapping someone else's child and being a fugitive for years," said Russini's lawyer, Fred Magovern.

Russini's lawyer , Fred Magovern , said he's not sure what punishment is warranted in this heart-wrenching case.

There is no punishment that can be invoked that can bring any solace to my client , he said.

The saga of Matthew Propp - born Anthony Joseph Russini to an unwed mother from Westbury , L.I. - began when he was 3 days old.

Under pressure from her parents , Gardner signed him over to be adopted by the Smileys.She later married Russini and said she didn't realize she was signing adoption papers.

But by the time cops came to collect the boy , the Smileys were gone.

Russini's attorney, Fred Magovern agreed, insisting that the Smileys must be punished for their crimes.They could face up to 25 years in prison each if convicted.

Russini's attorney , Fred Magovern agreed , insisting that the Smileys must be punished for their crimes.They could face up to 25 years in prison each if convicted.