Couple gets 4 years

Jan. 9, 2007

By MARY AMES

Frontiersman

PALMER -An Anchorage couple who moved their five adopted children to Big Lake and once faced 104 counts of abuse spent enough time in jail, according to the judge.

Patrick Kelley, 46, and Sherry Kelley, 37, were sentenced by Anchorage Superior Court Judge Michael Wolverton in Palmer Superior Court Monday afternoon.

The Kelleys, who in 2004 were charged with kidnapping, multiple second-, third- and fourth-degree assault, reckless endangerment and criminal nonsupport, entered no contest pleas in Anchorage Superior Court in February.

Patrick Kelley, who pleaded no contest to one consolidated count of first-degree endangering the welfare of a child, was handed a two-year sentence, with no probation.

Patrick Kelley's failure to act appropriately deserved penalty, Wolverton said. However, since Patrick Kelley had no criminal record, rehabilitation wasn't a big factor, he said. The attorneys agreed that, with credit for good time, Patrick Kelley had completed his sentence.

As far as deterrence to others, Patrick Kelley's case would let people know they'd be prosecuted if they neglected to act, Wolverton said.

Sherry Kelley pleaded no contest to one count of third-degree assault, a felony, and one count of criminal nonsupport, a misdemeanor. Wolverton imposed the one-year maximum sentence for the misdemeanor, which was to be served consecutive to Sherry Kelley's felony sentence.

&#8220Under the circumstances, as you testified, this was the

poorest decision,” he said. &#8220You realize that now.”

For the assault charge, the judge imposed a five year sentence, and suspended four years.

Sherry Kelley needed significant jail time hanging over her head, Wolverton said.

&#8220Everybody is concerned you have no contact with children,” he said.

Wolverton also ordered the Kelleys to pay $249 restitution.

One of the five children read a statement to the court. The teenage girl, weeping, said what she, her two brothers and two sisters had to endure was hard and hurtful, mentally and physically. She didn't want their experiences to be overlooked, and she felt tricked by the adoption.

&#8220Our family was already torn apart,” she said. &#8220I hoped we could all sit down to dinner and be normal.”

The girl spoke of abuse not mentioned in police reports nor during three days of sentencing testimony in November. She didn't want anyone else so ill-treated, she said.

&#8220Not even my abusers,” she said.

Rachel Gernat, assistant district attorney, had asked the court to hand Sherry Kelley five years on the assault charge, with three years suspended, and three years on the misdemeanor charge. The court could find her a worst offender, not as someone with a prior criminal history, but based on facts alone, Gernat said.

Josh Fannon, Sherry Kelley's appointed attorney, told the court he was at a loss over how to zealously defend his client without beating up on a young victim. His client took the short approach to the charges, wanting to admit some, to explain some and to deny some, he said.

Part of a defense is being able to cross examine witnesses, but they were unable to do so with each of the five victims, he said. The victim's statement was different than anything heard in the past three and a half years, including statements made to the Office of Children's Services and the grand jury, he said.

&#8220The bottom line is, when a child says he is in danger, we are ready to jump in to protect kids,” Fannon said.

&#8220In this case, everybody jumped. There were 80, 90, 100 charges based on what kids were saying.”

Had the case started with a careful investigation, the defendants wouldn't have the whole community and media &#8220streaming condemnation,” Fannon said.

The Kelleys were middle-aged, responsible people with good jobs, who took the youngest child into foster care, he said. The older children, who came from horrific experiences, &#8220really, really hurt each other and sexually abused each other.”

Sherry Kelley made the older boy sleep in a box to protect herself and the other children, he said.

Patrick Kelley was convicted of an act of omission, said Rachel Levitt, his appointed attorney. Patrick Kelly never tried to say he wasn't responsible for allowing things to become as difficult as they were, she said.

&#8220Ultimately, their greatest fears were realized,” Levitt said. &#8220Not in their care, but in the state's care. They clearly stated their concerns to authorities when the children left their care. They weren't believed or were ignored. With JK, (one of the boys) the worst happened,” she said.

No one in court elaborated on what happened with the juvenile.

Wolverton complimented the attorneys, saying the three did yeoman's work with a very difficult set of facts. Then the judge spoke to a community he said was shocked, angered and traumatized by allegations against the defendants.

&#8220This is a tragic case,” Wolverton said. &#8220The children were victims, no question. The greater question is what they were victims of and by whom.”

Wolverton said he still couldn't square all the varying perspectives, but everyone could agree on one thing.

&#8220This placement never should have been made,” the judge said. &#8220They checked the box they didn't want kids with difficulties. Yet they got these kids without disclosure. I hope some other tribunal, some other time, will sort out the placement.”

Contact Mary Ames at

352-2284 or mary.ames@

frontiersman.com.