THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, September 22, 1995 TAG: 9509220475
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: GREENVILLE, N.C. LENGTH: Medium: 73 lines
A retrial on child sexual abuse charges is probable for a former Edenton day-care operator, a prosecutor said Thursday after agreeing to a $200,000 secured bond for the man's release from prison.
Robert F. Kelly Jr., who has been behind bars more than six years, must remain in a cell at least until Friday while his relatives put together property as collateral for the bond to free him.
Word of Kelly's probable release has frightened some of the children who testified against him, their parents said.
The state Supreme Court cleared the way Sept. 7 for the 47-year-old Kelly to get a new trial on 99 counts of molesting 12 children at Little Rascals Day Care Center. Kelly was sentenced to 12 consecutive life terms.
``We're still reviewing, but our intention is to retry this defendant,'' said District Attorney Frank Parrish. The prosecutor said the new case could involve fewer charges.
Kelly's 1992 convictions were overturned and a new trial ordered by the state Court of Appeals, which cited errors during his trial. The Supreme Court refused to review the lower court's decision.
Kelly has been behind bars since June 1989, when he was arrested a third time and held under $1.5 million bond that he couldn't pay. His wife, Elizabeth T. ``Betsy'' Kelly, said her family would post property to free Kelly. She expected the paperwork to be completed in 24 hours.
Kelly probably will live with his mother in Fayetteville, said his wife, because he is barred from visiting Edenton where his wife lives with her parents.
Ragan announced his decision after conferring for 55 minutes in a closed meeting with attorneys. In addition to the $200,000 secured bond, Ragan said Kelly must stay out of the seven-county 1st Prosecutorial District; cannot contact children or families involved in the case; and can't leave the state without giving 72 hours' notice.
Assistant District Attorney Nancy Lamb, who is in charge of determining which children may testify against Kelly in a retrial, said the travel restrictions would help parents calm their children's fears.
``My children are fearful,'' said Susan Small, whose three children attended the day care. ``One of mine has a constant nightmare that he's going to come to her room. There's a shade in that room we're not allowed to raise.''
Parents packed into one side of the courtroom benches said they didn't relish a retrial but knew they had to go through it again.
Kelly and his wife ran the day care between 1986 and 1989, when the state closed it. Allegations of abuse began in January 1989 and Kelly's defense lawyers contended he was the victim of hysteria in the small town.
Prosecutors painted a picture of Kelly as the leader who recruited others to molest children at the day care center. Kelly and others charged have maintained their innocence.
Children testified that Kelly touched their private parts and watched as he made them have sex with each other. They said he also had sex with other adults in front of them. Children were as young as 3 when the alleged acts occurred. Betsy Kelly also was charged with sexual abuse and pleaded no contest. She has served her sentence and been released. So has Kelly acquaintance Scott Privott.
A new trial also was ordered for day care cook Kathryn Dawn Wilson, who was convicted in 1993 of sexual abuse and sentenced to life in prison.
Three other defendants await trial. ILLUSTRATION: Photo
``Just to be here, period, is an opportunity,'' Robert Kelly said as
he arrived at the courthouse from Central Prison on Thursday.
KEYWORDS: CHILD MOLESTER by CNB