Newsday from New York, New York • 20

4 fstemgsm! Denied Custody, Dad Mourns Slain Teen Queens, seeking to be allowed to live together. He pulled out copies of Kellys letter, which said, I know my mother, Diane Boyed, is not capable of taking care of us. But my father is, and if you want to see the best for us, you will give us this day in court, and you will see the changes in my father, in my brother, and myself. Patrick Gutierrez said he was too distraught over the death of his daughter to comment extensively. Kelly Adrienne Carr, a spokeswoman for Little Flower Childrens Services, the social agency in Wading River, L.I., that has custody of Kelly, Robert and their half-sister, Desiree, said yesterday that there were Btrong reasons for the children to remain in Little Flowers custody, explaining, The father was constantly in and out of the scene, this often happens.

Even in death, she said of Kelly, this child is being torn apart Gutierrez Kelly had originally been placed with a foster family when her mother was jailed on a probation violation on a drug charge, and officials said her father floated in and out of her life. Just after midnight Friday as she returned from an impromptu party with friends to the foster home she has lived CitySpire Neighbors Not Whistling Dixie By Michele Salcedo and Michael Slackman STAFF WRITERS Patrick Gutierrez, whose daughter Kelly was found murdered near her foster home in Central Islip, L.L, Saturday, sought two yean ago to be reunited with his daughter and his son so he could love and guide them the way I should have always done." But family court refused to allow it Yesterday, when asked if he felt Kelly would be alive if he had gotten custody, Gutierrez responded quietly. Yes, he said. I do. As police examined a knife found in the area where Kellys body was found and tried to determine whether it was the murder weapon, Gutierrez sat in the Manhattan apartment he shares with a companion and recalled that he, his 16-year-old daughter, Kelly, and his son, Robert, wrote letters to the state Family Court in Jamaica, Publisher Says Fate Of News Due Soon By Scott Ladd STAFF WRITER Although Daily News employees have been told the paper will close by March 20 without a buyer or settlement, Publisher James Hoge said yesterday a decision on the papers fate is likely before then.

Hoge again said the News and its corporate parent, the Chicago-based Tribune had Bet no official date for dosing the 71 -year-old tabloid. But the Tribune Co.s board of directors is expected to impose a firm deadline at its meeting in Chicago next week, sources said yesterday. The News and the Tribune Co. jointly announced Jan. 16 that the paper would be folded unless a buyer emerges or contract settlements favorable to management are reached.

Some industry analysts have suggested the News would fold before the March 20 date unless there is progress toward a sale or settlements. That certainly strikes me as reasonable speculation, Hoge said. All Daily News employees strikers, replacement workers and non-union employees have received the 60-day notices mandated by law that say the News intends to dose on March 20. Those employees are entitled to pay and benefits through that date. The cut-off date could be extended to April 3, according to the notice.

One highly placed union source predicted any sign of movement, either at the negotiating table or in efforts to sell the paper, could extend the deadline. But a News official familiar with the negotiations flatly denied it, saying the paper was committed to a resolution by toe March 20 closing date. Meanwhile, the Daily News and its striking unions have agreed to mediation in Washington, D.C., with former U.S. Labor Secretary William J. Usery.

Usery has a reputation for settling strikes and difficult contract negotia- in since September, she was fatally stabbed and possibly the victim of a sexual assault, police said. Kelly was found Saturday morning, face-up, her clothing scattered around her, on a wooded path near the Yalta Road home of her foster parents, Donald and Cheryl Shaffer. Police had said she was stabbed many times in the torso. The Shaffers held a news conference in their Central Islip living room to express their love for their foster daughter and horror over her murder. Although Msgr.

Michael Fagan, director of Little Flower, was Kellys legal guardian, Gutierrez and his sisters would like to make the funeral arrangements for Kelly and have her buried with a brother in the family plot in Calvary Cemetery in Flushing. However, the Shaffers have also asked to make the arrangements. Legally we have the ultimate decision, Carr said. noise that has nearby neighbors climbing the walls and on wind blowing through window louvers. He issued a complaint against the building, the first ever issued by the citys Department of Environmental Protection for such a violation.

In a crowded hearing room yesterday where some spectators sat cross-legged on the floor, a perplexed administrative judge said, This is the first time Ive ever heard of such a thing." At the end of a 90-minute hearing he asked lawyers for the buildings developer, Ian Bruce Eichner, and the city to return next month with more information. This is not the first time the building has run afoul of city laws. When it was built, it was 14 feet taller than it should have been. Eichner, a former Brooklyn assistant district attorney, claimed the extra footage was needed to give the building stability. Eichner agreed in 1988 to build three dance studios in a lot alongside his building and adjacent to the city center, as compensation for having broken the zoning laws.

He has never lived up to that agreement. Hes a schnook, a ripoff artist, said Marian Horosko of Dance magazine. We have lost 55 dance studios in the past few years because of all the building development on the West Side. She thinks the eerie whine emanating from the buildings dome is the wail of ghosts of destroyed dance studios. Eichners lawyer said that the Please see DUGGAN on Page 30 A FT 4 iMitiitniM I i 4 i.

I a i I I I To some of the frustrated New Yorkers who live near the so-called Whistling Skyscraper on West 56th Street, the noise the building gives off is similar to that of fingernails dragged across a blackboard. To others, including several city inspectors who ticketed it months ago, it is more like the sound made by blowing against the edge of a bottletop. For musician Frank Siegfried, it is the sound his violin makes when he hits one octave above middle C. Its more like the sound a dog whistle makes, says Barbara McNamara, who adds that whenever it starts, my dog hides in thedoset. Inside the foyer of a building two blocks west of the noisy building, Mike Hynes said that it is driving people here crazy.

Hynes is the superin- DIARY Dennis Duggan Instead, he displayed the letter he had written to the court, to accompany the letters written by bis daughter and son in 1989. My children do not want to be adopted, and I do not want them to be adopted, he want to love and guide them the way I should have always done. AP Photo William J. Usery in 1983 tions, union and management officials said yesterday. George McDonald, president of an umbrella group of the nine striking unions, said yesterday that he had spoken with Usery and agreed to meet with him and the News.

Hoge said he and Tribune Co. President Charles T. Turnback met for two hours with Usery last Wednesday in Washington and also expressed a willingness to bring him into the talks. No mediation dates were scheduled yesterday, nor was a decision made on how the sessions would be structured. With few exceptions since contracts expired last March, the News and union negotiating teams have negotiated from separate rooms at designated sites, using federal mediators to shuttle contract proposals from one room to the next McDonald said yesterday he expected the meetings with Usery will be face-to-face discussions.

The strike began Oct. 25, and the National Labor Relations Board has filed a complaint charging the News locked out 60 of its drivers as a pretext to hire non-union replacement workers. McDonald said the unions had agreed to the Usery meetings as perhaps the last hope that settlements can be reached. But, privately, several labor officials said they held out little hope Userys presence as a mediator could salvage the flagging talks. Kenneth C.

Crowe contributed to due report. NEWYORK tendent of his building at 310 W. 56th St. and he blames the distracting noise on the onion-shaped dome of the CitySpire building, a jinxed-from-the start building that houses expensive condominiums and commercial offices inside its 76 stories. So does veteran inspector Ray Montalbo, who testified at a hearing yesterday in the closet-sized administrative courtroom of the Environmental Control Board.

Montalbo said that he had gone to the roof of the skyscraper that faces the back of Carnegie Hall over a year ago and that he heard a noise so Umd that my two-way radio began to shake. I was shocked, said Montalbo. Ive been doing this for ten years and I never heard anything like it before. Montalbo blames the dome for enHH' refer NEW YORK NEWSDAY, TUESDAY. FEBRUARY 12.

1991 irk.