THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, May 1, 1996 TAG: 9605010394
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: By MASON PETERS, STAFF WRITER
DATELINE: EDENTON LENGTH: Medium: 74 lines
Anguished soul-searching preceded the decision by District Attorney Frank R. Parrish and Prosecutor Nancy Lamb to reopen Edenton's Little Rascals sex-abuse cases and bring a new child-rape charge against Robert F. Kelly Jr.
Parrish said Tuesday it is ``necessary to establish the facts as they exist,'' even though a new trial may not be popular in all circles.
``There is a public perception that the Court of Appeals granted Kelly a new trial in 1995 because there was not enough evidence to find him guilty,'' Parrish said. ``That is not true.''
The Appeals Court ordered the new trial because of legal errors committed during Kelly's 1992 trial, conviction and sentencing, Parrish said.
``Nancy Lamb and I have reviewed the evidence at great length,'' Parrish said, ``and it is now clear that we must do the right thing rather than the popular thing.''
He said he was aware that Kelly has Edenton supporters who contend that Kelly should not have to stand trial again.
``And there are others who would like to see him back in court,'' said Parrish. There also are residents who simply don't want to again drag out sordid testimony that included bizarre accounts by children of their alleged sexual mistreatment at the day care center.
``We may proceed first with the new accusations contained in an indictment returned against Kelly this week,'' Parrish said.
Kelly was locked in Edenton's Chowan County jail Monday following charges brought by a Chowan grand jury that Kelly sexually assaulted a 9-year old Edenton girl in 1987. The girl, now 18, did not attend the Little Rascals Day Care Center owned by Kelly and his wife, Elizabeth ``Betsy'' Kelly.
``This hasn't anything to do with Little Rascals,'' said Lamb.
The new rape charge againstKelly developed from evidence found by Lamb during the Little Rascals review that resulted in the decision by Parrish to again go to court with the sex charges that shocked and polarized Edenton for years, starting in 1991.
As principal defendant, Kelly was found guilty of 99 charges of child sex abuse and sentenced to 12 life sentences. Until Monday he was free on $200,000 bond awaiting a new trial ordered by the North Carolina Court of Appeals.
``Betsy'' Kelly, Bob Kelly's partner and codefendant, pleaded no-contest to 30 counts of felony child abuse and served two years of a seven-year sentence before being released.
Chowan County Superior Court Judge James Ragan III, who presided at Kelly's first appearance Monday on the new rape indictment, allowed Kelly to file a statement of indigency but did not appoint an attorney to represent the former Little Rascals co-owner.
Nor did Ragan set a bond in the new rape case. Kelly was returned to the lockup.
``I hoped I'd never have to come back to Edenton,'' Kelly said as he walked with the sheriff across a parking lot between the Chowan County Courthouse and the jail after a 15-minute hearing.
Three defendants from the first case still await trial, and Lamb said no decision had been made about their cases. Another person, former day care cook Kathryn Dawn Wilson, was granted a new trial by the Appeals Court. No decision has been made on her case, Lamb said.
Scott Privott, an acquaintance of Kelly, pleaded no contest in June 1994 and was released because of the time he had served awaiting trial without being able to make bond. ILLUSTRATION: [Color Photo]
ASSOCIATED PRESS
Assistant District Attorney Nancy Lamb responds to questions outside
the Chowan County Courthouse in Edenton Tuesday.
KEYWORDS: CHILD ABUSE SEX CRIME SEXUAL ABUSE by CNB