A former Depew woman whose son reported her to police last fall for alleged drug dealing after he heard President Bush's televised address about drugs has agreed to give up custody of the boy, her attorney said Tuesday.
Darlene O'Hara Weber, 27, will formally waive her claim to her son, Bradley, 9. In return, she will receive "liberal visitation rights" from her ex-husband, Kevin O'Hara. She has already signed legal papers on the custody change, according to her attorney, Frank L. LoTempio, and O'Hara.
State Supreme Court Justice Norman E. Wolf will conduct a hearing on custody Feb. 14, when he will ask representatives of the Erie County child protection service if the custody change is in the child's best interests.
Mrs. Weber agreed to give her former husband full custody because of the visitation agreement, LoTempio said. Mrs. Weber is still seeking full custody of her nearly year-old son, Ian, who is not O'Hara's child, the attorney said.
O'Hara, who has remarried, divorced Mrs. Weber in 1983 after three years of marriage. Since Mrs. Weber's Sept. 14 arrest in an apartment at 50 Main St. in Depew, Bradley has been living with his father and Ian has been with his maternal grandmother, both by court order. Prior to the arrest, O'Hara, who operates a Lancaster towing company, had shared custody of Bradley with his ex-wife.
Mrs. Weber and her husband, Boyd F. Weber, 31, were arrested after Bradley, allegedly frustrated over her reported drug dealing and drug use, watched the president's address to the nation's schoolchildren about drugs and contacted Depew police.
Police said that before the arrest, Bradley gave them a marijuana pipe and a straw for snorting cocaine to convince authorities that his mother was using drugs.
The Webers were charged with misdemeanor possession of marijuana and cocaine and endangering the welfare of children.
Police initially claimed Mrs. Weber was using drugs when she was arrested. But during pretrial proceedings, police admitted Mrs. Weber was reading a book with her son when her flat was raided.
The Webers, who now live in Clarence, were wed shortly after their arrests. They face a non-jury trial late today before Depew Justice Henry S. Wick.
Law enforcement sources said prosecutors have offered a plea deal to both defendants, which they were still considering on the eve of the trial.
LoTempio confirmed the reports, but said the trial would start as scheduled. Erie County District Attorney Kevin M. Dillon declined to comment on the case.
Family Court Judge John J. Honan is scheduled to consider Ian's custody during a Feb. 22 hearing. LoTempio said he expects Mrs. Weber will regain full custody of her younger son.