Nov 19, 2007 7:18 pm US/Eastern
Custody Battle Begins Over Charter Crew's Children
MIAMI (CBS4) ―
The alleged murders of the captain and crew of a Miami Beach based charter boat shocked and saddened South Florida. Now another chapter in saga is being played out in a Miami Dade courtroom, but it has nothing to do with the crew's accused killers.
Instead, it was about the children that were left behind.
"I do think the court needs to set a visitation schedule," says Robert Rosenblatt, who represent's Joe Branam – grandfather of Joe Cool captain Jake Branam.
Jake and his wife Kelley left behind two children, ages six months and 3-years old, when they disappeared on charter run to Bimini
In addition to Joe Branam, his ex-wife and the children's grandmother Jeanette Branam is also fighting for custody as is Kelley's sister Leanne Van Laar Uttmark.
During a court proceeding Monday, not only did the subject of the upcoming holidays come up, so did the subject of money.
Jake Branam reportedly comes for a wealthy family, up until his death Jake lived with his grandmother on Star Island.
"My clients have obviously suffered a terrible tragedy," said David Wolin, attorney for Jeanette Branam. "They're concerned only with the best interests of the minor children. These other issues, they'll have to be dealt with."
Attorneys from both sides of the family will need to decide on the Branam's estate that will need to be probated, a matter that will become complicated since there are no bodies of the missing couple.
"We can't have a probate proceeding until we have proof of death," said attorney Adrienne Promoff who represents Uttmark. "We don't have proof of death and we don't have proof that anybody is alive."
Last October, U.S. Attorney Alex Acosta announced that Guillermo Zarabozo and Kirby Archer were charged with the first-degree murder in the deaths of the 'Joe Cool' captain, Jake Branam, his wife Kelley, and two other crew members. They are Branam's half-brother, Scott Gamble, and first mate Samuel Kairy. They were also charged with robbery for the alleged theft of the "Joe Cool" charter boat.
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