THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, May 23, 1995 TAG: 9505230242
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY ESTES THOMPSON, ASSOCIATED PRESS
DATELINE: RALEIGH LENGTH: Medium: 59 lines
Two people serving life prison sentences for sexually abusing children will have to wait longer to find out if they will get new trials, the state Supreme Court said Monday.
Robert F. Kelly Jr. and Kathryn Dawn Wilson were given new trials earlier this month by the state Court of Appeals. But the higher court stopped the appeals court ruling to give prosecutors another chance to make their case.
``This decision means that the juries' unanimous verdicts in both cases remain in place until the Supreme Court says otherwise,'' said Attorney General Mike Easley.
``We are encouraged by the Supreme Court's actions today,'' Easley said.
He said prosecutors would file a petition within the next two weeks requesting a complete review of the case.
Kelly owned and operated Little Rascals Day Care Center with his wife, Elizabeth. Wilson was a cook at the center.
Kelly, 47, is serving 12 consecutive life sentences in Central Prison. He was convicted in 1992 on 99 counts of sexual abuse involving 12 children. His trial lasted nine months.
Wilson was convicted in 1993 on five counts of abuse and sentenced to one life term, which she is serving under house arrest pending the appeal.
Elizabeth Kelly and a Kelly acquaintance pleaded no contest to sexual abuse charges and have since been freed. Three other defendants await trial.
The case is the longest and most expensive in the history of North Carolina's state courts.
Had the Supreme Court denied the state's motion to stay the Appeals Court ruling, Kelly and Wilson could have asked to be released on bond pending a new trial.
By ruling in the state's favor, the Supreme Court caused the appeal process to inch further along. Prosecutors still must file briefs asking that the Court of Appeals ruling be reviewed and if the review is granted it could be months before arguments are made and months more before a ruling is made.
Kelly's lawyer, Mark Montgomery, was out of town and couldn't be reached for comment.
Wilson's attorney, Kirk Osborn, said he wasn't discouraged by the ruling.
``I think the Supreme Court's going to give them a chance to say what they have to say, at least put forth their position,'' he said. ILLUSTRATION: Photos
Robert Kelly
Kathryn Wilson
KEYWORDS: DAY CARE CENTERS CHILD ABUSE SEX CRIME
CHILD MOLESTER TRIAL SENTENCING
RETRIAL by CNB