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/_...rison-for-rape-but-da-upholds-conviction?lite


Thoughts?

Why on earth is the DA making the decision instead of an impartial judge in an appeals court?

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

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Link and more info here:

http://www.innocenceproject.org/about/Other-Projects.php

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.

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/Sections/NEWS/Daryl_Kelly_Commission_Final_Report.pdf

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

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 *advertiser censored* stash the couple had "and which all the children watched".

Both parents should be locked up, and the key conveniently lost. Down a well.

Ausgirl said:

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 *advertiser censored* stash the couple had "and which all the children watched".

Both parents should be locked up, and the key conveniently lost. Down a well.

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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

Too right. Innocence Project, my *advertiser censored*.

What about the innocence both of these scumbags robbed from all the kids in that house?

PandaJ said:

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/Sections/NEWS/Daryl_Kelly_Commission_Final_Report.pdf

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

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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

PandaJ said:

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/Sections/NEWS/Daryl_Kelly_Commission_Final_Report.pdf
There's a whole lot more to the story than what the article states, IMO.

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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.

Cappuccino said:

Why on earth is the DA making the decision instead of an impartial judge in an appeals court?

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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.

al66pine said:

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.

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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. :fence:

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.

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 *advertiser censored* 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.

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.

After reading the report i don't think there is any fence to sit on. His responses to the false evidence were beyond believable. Who would say their wife had sex with him while he slept,collected his "dna",and put it in their childs mouth to frame him?!Or his other excuse that said child was playing with a used condom which had come from one of his wifes johns but he did not stop her from putting it in her mouth.?! Sorry if this is too graphic but goes to show what this' innocent 'man had to say for himself. I feel sorry for all the children in this sick and twisted story.The daughters letter to the Gov. to try to get him released does not have the ring of sadness for making up a story against him.

Steft50 said:

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.
....
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.

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BBM SBM for focus

Steft50
Glad to know you've been reading linked rpt. I wonder which other pleadings, motions, doc's are avail online. Trial transcript?

I'm reading & interping report differently and seeing more substantiation for conviction, than you do.

Puzzling -
--the failure of either dad or mom to timely-mention their purported *advertiser censored* stash, as genesis for the dau being aware of sex acts to describe to LE. And what about {Graphic alert} her description of taste and smell?
--the father's explanations to LE for non-existent evd?

Not puzzling
-- family, esp. mom, pressure, on dau to recant.
--dad's pressure on dau to write gov to ask for clemency.
--conflicted emotion dau would have toward dad, re his protective role vs sex abuse acts.

But I see your criticism re 40 yr sentence. I wonder what the sentencing guidelines, min's or max's were for the offenses.

Looks like dad set the example of lies-as-SOP in the household.

For kids growing up w. drug addicted parents, sad, sad, sad, with or without sex abuse.

JM2cts and I may be wrong.

formerjerseygirl said:

After reading the report i don't think there is any fence to sit on. His responses to the false evidence were beyond believable. Who would say their wife had sex with him while he slept,collected his "dna",and put it in their childs mouth to frame him?!Or his other excuse that said child was playing with a used condom which had come from one of his wifes johns but he did not stop her from putting it in her mouth.?! Sorry if this is too graphic but goes to show what this' innocent 'man had to say for himself. I feel sorry for all the children in this sick and twisted story.The daughters letter to the Gov. to try to get him released does not have the ring of sadness for making up a story against him.

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I wish mind bleach was an actual product. I really do.

read the pf...wow.

formerjerseygirl said:

After reading the report i don't think there is any fence to sit on. His responses to the false evidence were beyond believable. Who would say their wife had sex with him while he slept,collected his "dna",and put it in their childs mouth to frame him?!Or his other excuse that said child was playing with a used condom which had come from one of his wifes johns but he did not stop her from putting it in her mouth.?!.

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I agree that his explanation for the presence of DNA was pretty wild, but the police told him falsely that they had DNA. If the child had been raped, then they should have found DNA evidence. It seems that they found none.