THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Thursday, May 2, 1996 TAG: 9605020400
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY ESTES THOMPSON, ASSOCIATED PRESS
DATELINE: EDENTON LENGTH: Medium: 78 lines
The company that hired Robert F. Kelly Jr. after he was freed from prison last year will post the $50,000 bond set for him Wednesday on eight additional charges of sexual abuse involving a 9-year-old girl.
``He's a very good employee and we fully believe he's innocent,'' said Bryan White, a vice president of Triangle Telephone. ``The guy's been beat down by the state and we don't think it's right.
Mike McArthur, Chowan County clerk of court, said Triangle Telephone had arranged to buy a $7,500 certificate of deposit, equal to 15 percent of the bond, and would deliver it Thursday. Kelly then can be released.
Superior Court Judge James Ragan imposed a $50,000 secured bond on the new charges. Kelly was free on $200,000 bond Ragan imposed last year after the state Court of Appeals ordered a retrial for Kelly on 99 other counts of abuse.
``It will be a substantial hardship ... if you require an indigent who has had to rely on others to post additional bond,'' said defense lawyer Jeffrey Miller.
Kelly turned himself in Monday after a Chowan County grand jury indicted him on eight sex abuse charges. The new charges involve a 9-year-old girl who didn't attend Kelly's Little Rascals Day Care Center, the scene of the 99 old charges.
``I don't know,'' Kelly said of the prospects for raising more bond. ``I think I've got $4.''
A form Kelly filled out showed his major asset was a 1985 Buick worth $1,500. The car doesn't run and has 111,000 miles on it. Kelly also listed ownership of some pots and pans.
``He is in fact working,'' Ragan said. ``His expenses equal any current income.''
After serving nearly three years of 12 consecutive life terms, Kelly was jobless when released from prison. He was hired by Triangle Telephone in Cary and delivered telephone books. Before the day care case, Kelly worked with his wife running Little Rascals and ran a plumbing repair business. He once had been a golf professional here.
Kelly's estranged wife, Betsy, said she didn't know if her family could come up with more property as security for the bond. Her family used property to secure Kelly's other bond. Property or cash can be posted for bond, or a bondsman can assume liability for 15 percent of the bond amount.
``We'll try,'' she said as she left the courtroom after a 30-minute hearing. ``I'm not going to leave him out there hanging.''
Betsy Kelly has lived in Edenton since her release from prison after she pleaded no contest to sexual abuse charges. Kelly was forbidden to come here and has lived in Fayetteville with his mother and in Cary where he has a job.
Kelly will be appointed a lawyer at state expense, Ragan ruled, although he deferred naming the attorney until consulting with lawyers. The judge said the defense attorney wouldn't be from Chowan County.
No dates for other hearings have been set.
The two lawyers who represented Kelly at his 1991-92 day care sex abuse trial appeared with him at the bond hearing. It wasn't clear if they would represent Kelly on the new charges.
Attorney Mike Spivey of Tarboro argued that Kelly shouldn't be saddled with additional bond. Every time Kelly was arrested as the day care charges mounted in 1989 and 1990, he turned himself in and never attempted to flee, Spivey argued.
When Kelly was indicted Monday, Spivey added, he turned himself into the State Bureau of Investigation three hours early. Kelly was told he couldn't be arrested because warrants hadn't arrived, so he waited outside until he could be arrested, the lawyer said.
Assistant District Attorney Nancy Lamb argued that bond should be set because Kelly could flee.
``The stakes are higher,'' she said. ``The reality is he did see in 1992 that he was able to be convicted on the word of young children.'' ILLUSTRATION: Color photo
Robert Kelly
by CNB