A 16-year-old who is being eyed for possible involvement in the death of his stepsister on a Carnival cruise ship may be called to testify in person about the incident, an attorney for his father said Thursday at a custody hearing in Florida.
Scott Smith, an attorney representing Thomas Hudson, the father of the 16-year-old, said that while "we don't really want to" put the boy in the middle of an ongoing custody dispute, "I may have to call him" to testify about the circumstances surrounding his stepsister's death.
The testimony would be given as part of a child custody dispute between Thomas Hudson and Shauntel Hudson, the stepmother of 18-year-old Anna Kepner. Kepner's body was found under a bed on a Carnival cruise ship earlier this month by a housekeeper, according to two sources familiar with the matter.
Thomas Hudson and Shauntel Hudson have been in a custody dispute over three of their children, including the 16-year-old. Testimony from the 16-year-old could shed light on what happened to Kepner, and could also help bolster Thomas Hudson's custody claim against his ex-wife, Shauntel Hudson.
The 16-year-old is being investigated for possible involvement in Kepner's death, a law enforcement source and a person familiar with the matter recently told CBS News. Kepner's family also believes he is a suspect in an FBI investigation into her death, according to court filings that refer to him as "T.H." The FBI has not confirmed he is a suspect and said it does not comment on operational updates on its investigations except in rare circumstances.
During the hearing Thursday in Brevard County, Florida, it was revealed that the boy was hospitalized upon returning to Port Miami on Nov. 8 and is currently staying with a relative on Florida's west coast.
Millicent Athanason, an attorney representing Shauntel Hudson in the custody dispute, said, "I would have difficulty putting the 16-year-old on the stand because I don't want anything done that would incriminate the young man."
Judge Michelle Studstill said a hearing on the matter would need to take place before the minor would be able to testify.
"I would anticipate that the child will choose not to testify and invoke his Fifth Amendment right," Studstill said.
An in-person hearing for the testimony was set for Dec. 5.
Athanason, the attorney representing Shauntel Hudson, said she would potentially subpoena an FBI investigator and investigators from Florida's Department of Children and Families.
Smith, the other attorney, said he also may subpoena Kepner's father, Christopher Kepner, to testify.
Kepner was on a family vacation in the Caribbean with her father, stepmother, grandparents, two stepsiblings and her brother when she was discovered dead on the Carnival Horizon as it was headed back to Miami, where it docked on Nov. 8. Kepner had been staying in the same room as her stepbrother and one other stepsibling.
According to family members, Kepner told them the night before that she wasn't feeling well and returned to her room. She didn't show up for breakfast the next morning.
Investigators are reviewing surveillance video and analyzing electronic swipe card data that may show who entered the teen's cabin, law enforcement sources said. They were also examining Kepner's cellphone records and conducting interviews with cruise ship passengers, crewmembers and Kepner's family.
One law enforcement source told CBS News that Kepner and the 16-year-old may have had some kind of altercation.
Pat Milton contributed to this report.
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