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Published November 17, 2009, 05:30 PM

Brother of slain dentist wins temporary custody of 3-year-old

In a hearing Tuesday afternoon, Roy Gattuso will take temporary custody of Kennedy Gattuso, who had been living with her aunt, Regan Williams, Jones, Okla., since the murder of her father last month.

By: Forum staff report, The Forum

FARGO — The brother of Philip Gattuso was awarded temporary custody of the slain Fargo dentist’s 3-year-old daughter, a judge ruled Tuesday.

In a hearing Tuesday afternoon, Roy Gattuso will take temporary custody of Kennedy Gattuso, who had been living with her aunt, Regan Williams, Jones, Okla., since the murder of her father last month.

According to one of Regan Williams’ attorneys, Chris Batson, Kennedy lived with Williams for 20 of the past 26 months.

On Monday, an Oklahoma judge ruled that North Dakota would have jurisdiction to decide the custody issue.

Roy Gattuso, Gretna, La., and his wife are seeking permanent custody of Kennedy.

Roy Gattuso has said his brother didn’t designate a guardian for Kennedy in his will and that the Gattuso family is concerned for her safety because her maternal grandfather is charged in the murder of her father.

Williams’ father, Gene Kirkpatrick, 63, is charged in Cass County District Court with conspiracy to commit murder.

Prosecutors allege that he hired his handyman, Michael Nakvinda, 41, Oklahoma City, to kill Gattuso because he didn’t like how the dentist was raising Kennedy after the death of Valerie Gattuso.

Gattuso, 49, dropped off Kennedy at day care at 8:30 a.m. Oct. 26. Police believe Nakvinda beat Gattuso to death with a hammer in his home later that morning.

Forum Communications Co. owns the Herald.

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