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  1. #1
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    Jun 2011
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    Colorado Springs CO (sorta close enough)
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    NY - Daughter claims she lied about abuse: Conviction upheld

    A girl who was 8 years old recanted her testimony 6 months later when she told her grandmother the sexual abuse by her father never happened. Her mother admits that she threatened her daughter with physical abuse to make the claims and testify to them. The father Daryl Kelly is now serving a 40 year sentence. For the last 15 years the daughter has recanted her testimony.

    http://investigations.nbcnews.com/_n...onviction?lite


    Thoughts?
    imo, jmo, imho and all that stuff

  2. #2
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    Jun 2011
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    Why on earth is the DA making the decision instead of an impartial judge in an appeals court?

  3. #3
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    Nov 2008
    Posts
    10,492
    Deleted my earlier rant about this epidemic. The appeals process is surely complete by now, unless he did not get the chance to appeal to the U.S. Supreme Court, or any other post-conviction relief.

    Here is some info for The Innocence Project:

    NEW YORK
    Innocence Project at Benjamin N. Cardozo Law School - Yeshiva University **
    40 Worth St., Suite 701
    New York, NY 10013
    Phone: 212-364-5340

    Second Look Program
    (Not a network member)
    Brooklyn Law School
    250 Joralemon Street
    Brooklyn, NY 11201

    Pace Post-Conviction Project
    Barbara C. Salken Criminal Justice Clinic
    78 North Broadway, Room G210
    White Plains, NY 10603
    Phone: 914-422-4230

    Reinvestigation Project
    Office of the Appellate Defender
    11 Park Place, Suite 1601
    New York, NY 10007
    Phone: 212-402-4100

    The Exoneration Initiative
    350 Broadway, Suite 1207
    New York, NY 10013
    Phone: 212-965-9335
    Link and more info here:

    http://www.innocenceproject.org/abou...r-Projects.php

    Unless I have included a link, it is my opinion and only my opinion that I am expressing.

  4. #4
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    Dec 2013
    Location
    King County, Georgia
    Posts
    481
    Reading that article just makes me feel sick. I would be interested to see if charges could be brought against the mother when (being hopeful here) this man is freed.

  5. #5
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    Jan 2008
    Location
    Chicago, Illinois
    Posts
    536
    Hmm.

    I read the entire report that was linked in the article, and after reading the other side of it, I kind of think the conviction shouldn't be overturned.

    Here's the link I'm referring to: http://msnbcmedia.msn.com/i/msnbc/Se...nal_Report.pdf

    There's a whole lot more to the story than what the article states, IMO.

  6. #6
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    Sep 2010
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    6,481
    Agh, the poor daughter. Whether her allegations were true or not (and I think they probably were), she was clearly born to a couple of total .. um, interesting persons. :X

    Check out the bit about the porno stash the couple had "and which all the children watched".

    Both parents should be locked up, and the key conveniently lost. Down a well.
    _____________
    Everything I have posted at this website, past or present, represents my opinion or my understanding of events based on facts that are publicly available.

  7. #7
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    Jan 2008
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    Chicago, Illinois
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    Quote Originally Posted by Ausgirl View Post
    Agh, the poor daughter. Whether her allegations were true or not (and I think they probably were), she was clearly born to a couple of total .. um, interesting persons. :X

    Check out the bit about the porno stash the couple had "and which all the children watched".

    Both parents should be locked up, and the key conveniently lost. Down a well.
    I completely agree! What disgusting and horrible parents. And the medical records show that there was evidence consistent with abuse.

    Ugh, some people just don't even get a fair chance from the get-go. That poor girl.

    jmo

  8. #8
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    Sep 2010
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    Too right. Innocence Project, my ass.

    What about the innocence both of these *******s robbed from all the kids in that house?
    _____________
    Everything I have posted at this website, past or present, represents my opinion or my understanding of events based on facts that are publicly available.

  9. #9
    Join Date
    Jan 2012
    Posts
    845
    Quote Originally Posted by PandaJ View Post
    Hmm.

    I read the entire report that was linked in the article, and after reading the other side of it, I kind of think the conviction shouldn't be overturned.

    Here's the link I'm referring to: http://msnbcmedia.msn.com/i/msnbc/Se...nal_Report.pdf

    There's a whole lot more to the story than what the article states, IMO.
    Agree. The media has picked up this story and has run with it, it seems most commentators are not reading the very damning report prepared by the district attorneys. It is convincing to me that this recantation is most likely the result of pressure applied by the incarcerated defendant, and should not be given much credence at this point. It's a long document, but well worth the read. JMO
    "It came from my trained brain."

  10. #10
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    Jul 2011
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    4,334

    Pls read entire report w testimony & discussing evd. & Post-Convictn Procedures

    Quote Originally Posted by PandaJ View Post
    Hmm.
    I read the entire report that was linked in the article, and after reading the other side of it, I kind of think the conviction shouldn't be overturned.
    Here's the link I'm referring to: http://msnbcmedia.msn.com/i/msnbc/Se...nal_Report.pdf
    There's a whole lot more to the story than what the article states, IMO.
    BBM

    Panda
    Thanks so much for the link. Very enlightening.

    Anyone or Everyone -
    Before you conclude daughter recanting her testimony is a sound basis for overturning dad's conviction or for Gov's clemency, pls read link for all the info omitted from MSM articles.

    JM2cts and I may be wrong.


  11. #11
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    Jul 2011
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    Quote Originally Posted by Cappuccino View Post
    Why on earth is the DA making the decision instead of an impartial judge in an appeals court?
    Cap

    Respectfully, if you'll read the link I just posted above (thx to Panda),
    you'll see the daughter's recanted testimony was the subject of a post-conviction procedure.
    The linked report also noted the def.'s other appeals, etc. have affirmed his conviction and sentence.

    IOW, it's not just a DA unilaterally deciding to 'ignore' the recanted testimony.
    Last edited by al66pine; 12-18-2013 at 12:34 AM.

  12. #12
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    Jun 2011
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    Quote Originally Posted by al66pine View Post
    Cap

    Respectfully, if you'll read the link I just posted above (thx to Panda),
    you'll see the daughter's recanted testimony was the subject of a post-conviction procedure.
    The linked report also noted the def.'s other appeals, etc. have confirmed his conviction and sentence.

    IOW, it's not just a DA unilaterally deciding to 'ignore' the recanted testimony.
    Its okay, I know that now but I just didn't get it from the original article. As to the pdf, I tried to read it but couldn't get past page 40 because my computer throws tantrums whenever I open a PDF. As a result, I don't really know what to make of this case although clearly the original article left alot out.

    I'll stay on the fence for now.

  13. #13
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    May 2013
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    I read as much as I could stomach and really don't see any concrete evidence to support a 40yr sentence. No doubt the guy's a liar and a total loser, and he might very well have been the person who assaulted the child. I'm glad that I'm not the judge in this case.

  14. #14
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    I'm reading the report now too. I see stuff in it that confuses me and does cause me to wonder about this case from the get go.
    1. You have an over eager cop who seems to have this guy guilty before he even talked to him.
    2. You have a nurse doing the exam on the then child who never mentions the condition of the hymen (unless I missed that) and disregarded similar irritations and callous' in the not so tender areas outside her private bits that were indicitive of self rubbing. Oh...and the nurse is a good family friend of the over eager cop.
    3. Again, unless I missed it was this home not searched? There are many mentions of adult videos and questions about whether there was child porn or not, but not one iota of evidence the house was even searched. If it wasn't searched why not?
    4. When the child first recanted and it was brought before the judge (the same judge who tried the case), the childs attorney complained she wasn't notified about "her" client being reinterviewed by the defence attorney. Why did the judge not insist she be contacted?
    5. Interviews were done by phycologiests and "specialists" in child abuse with those who had never met the child, never spoke with the child but was making judgements of the childs motives in recanting.
    6. It seems the then child remembers trying to recant in court and was taken aside and "threatened" by the ada trying the case for which this committee finds no record of. It got me to thinking..when a judge strikes a comment in court doesn't that mean there wouldn't be a record of it?

    I am reading a report done by DA's for DA's and it reads just like a report to condone everything should read like. Almost all of it is based on nothing more than the opinions of those "investigating" and interviewing some 15 or so years later, and I am not even done reading it yet.

    The defendant is a walking joke imo. Talk about a nightmare for a defense attorney. This guy lies, exagerates and would probably make a fortune in creative writing. But I don't see anything that would warrent 40 years, if this crime was even commited, and I do still have doubts about that.
    Last edited by Steft50; 12-17-2013 at 11:16 PM. Reason: added 6
    imo, jmo, imho and all that stuff

  15. #15
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    Jun 2010
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    Well, that was a fascinating read Panda. Thank you. And in respect for the daughter, I will say I don't know what happened. But for the media to take that small sensationalized bit and run with it like that is wholly disappointing.

    My heart goes out to CK.

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