It was a bolt out of the blue Friday for the judge and attorneys involved in the case of an unborn child's legal right to share with two young girls -- alleged to be half-sisters -- in decisions for an estate that could eventually add up to millions of dollars.
Another woman claimed the father of her 6-year-old daughter is the same Keith Bosch, who is alleged to be the father of the unborn child and two other young daughters -- all by different mothers.
Bosch, 31, of Lancaster, died Dec. 27 of third-degree burns he suffered in an electrical explosion Dec. 7.
Attorney John F. Maxwell, who represents the mothers of the two young girls, has said that he would be seeking a "substantial claim . . . for the wrongful death" of Bosch, who was not married to any of the women.
"And who are you?" Erie County Surrogate Joseph S. Mattina asked the stranger who stood in the midst of attorneys ready to argue the rights of the unborn child.
"I am James A. August representing my client, who now feels that Bosch is the father of her daughter and has petitioned Family Court to reopen the paternity proceedings regarding the person she initially named as the father of her daughter."
August said his client "had a history of an extensive relationship with Bosch . . . Because he was abusive to her -- there was even an order of protection -- my client was afraid of Bosch and so she did not name him the father of her child.
August said he also will ask for DNA tests to verify paternity using some of the tissue and blood samples from Bosch that have been preserved to establish paternity of the child expected to be born in June.
Attorneys representing the first two daughters and the unborn child expected to present arguments Friday for and against the ppointment of Bosch's father, Roger Bosch, as administrator of his son's estate and the mothers of his two daughters as co-administrators and guardians of their daughters.
Robert Boreanaz, attorney for the mother of the unborn child, has asked the court to also appoint her as both guardian of her unborn child and a co-administrator.
Mattina has noted that in the Roe vs. Wade decision, the Supreme Court ruled that "a fetus is not a person . . . (and) does not have a legal personality or identity until it sees the light of day."
Boreanaz's plan to offer motions to protect the rights of the unborn child will have to wait until Feb. 14 when Mattina has scheduled a pre-trial hearing.
Attorneys for the two girls were unsuccessful in persuading Mattina to immediately name an administrator so a civil suit can begin "for the wrongful death" of Bosch.
Bosch, who worked for Ferguson Electric Construction Co., was installing transformers at ITT Standard on Standard Parkway in Cheektowaga when the Dec. 7 explosion occurred.