Parents Want Kidnap Case Dismissed
Oct. 21, 1998
SALT LAKE CITY (AP) _ A couple accused of kidnapping their malnourished child from a hospital asked a judge Tuesday to dismiss the case because there was no signed court order placing the child in state custody.
Prosecutor Dane Nolan told Judge William Bohling a court order was unnecessary. He said it was enough that the parents were verbally notified by a state social worker and a hospital employee before the abduction.
The state suspected parental neglect when it took 21-month-old David Fink from his parents because he weighed just 16 pounds _ the average weight for a 6-month-old infant.
Christopher and Kyndra Fink, both 23, are charged with kidnapping and aggravated assault in the abduction of their son from Primary Children's Hospital on Sept. 19.
FBI agents arrested the couple Oct. 5 in a remote area of Montana. During their flight, Mrs. Fink gave birth to another son, Elijah.
Federal agents claim Christopher Fink believed David to be a religious prophet and fed him a limited diet of fruit and a few vegetables to keep the child pure. Fink has denied those allegations.
Fink has also claimed he and his wife did not kidnap their child and that they were not told the state was taking David into custody.
The state had listed a court order as evidence, but Nolan admitted no such order existed.
The judge scheduled a Nov. 5 hearing to hear further arguments.