Parents of 55-pound Helena boy kept in 'isolation' say $1 million bond 'excessive and illegal'
By Carol Robinson | crobinson@al.com
The adoptive parents of a 14-year-old boy hospitalized after he was found to have been kept "isolated" in the basement of his Helena home for much of two years claim that their $1 million bond is "excessive and illegal," and are asking the amount to be reduced.
Attorneys for Richard and Cynthia Kelly, charged with aggravated child and have remained behind bars since their Nov. 14 arrests, filed an emergency motion for expedited hearing to reduce bond, according to court records. Shelby County District Judge Daniel Crowson granted the motion, and will hold a hearing Wednesday morning.
Barry Alvis, who is defending Cynthia Kelly, said his client is charged with a Class B felony, which carries a recommended bond range of $5,000 to $30,000. He notes that Cynthia Kelly does not have any prior felony or misdemeanor arrest, or any type of criminal history. "This is not a capital crime, therefore the defendant has the right to bail,'' Alvis wrote. He quoted the Eighth Amendment, writing, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Richard Kelly's attorney, Jarred Welborn, also asked for an expedited bond reduction hearing. Both suspects were scheduled to have preliminary hearings this week: Cynthia Kelly, 47, on Wednesday, and Richard Kelly, 56, on Thursday. Richard Kelly's preliminary hearing, however, has now been scheduled for Jan. 4. Previous efforts to reach both attorneys have been unsuccessful.
The plight of the young teen came to light the weekend of Nov. 12 when the boy was taken to Children's of Alabama. Helena Police Chief Pete Folmar said the boy, weighing only 55 pounds, was kept in "forced isolation" and was described by doctors as severely and chronically malnourished, dehydrated, suffering from acute respiratory distress, shock, hypothermia, hypothyroid and close to death.
His adoptive parents two days later were charged with aggravated child abuse and have remained behind bars in Shelby County since their arrests. According to the arrest warrants for the parents, the couple is accused of denying food, nourishment and medical care to the boy, who was "subjected to forced isolation for extended period of time." Authorities have said that "isolation" was disciplinary in nature. There were no signs, however, the boy was handcuffed, chained or restrained.
Neither Richard nor Cynthia Kelly, who have lived in Helena for about 20 years, show any previous criminal record in Alabama. Richard Kelly worked in the computer technology field but had been unemployed for several weeks at the time of his arrest. Cynthia Kelly was a stay-at-home mother who home-schooled her adopted children.
The teen's biological brother, 18-year-old Eddie Carter, spoke extensively with AL.com. Now living in Arizona, Carter says he suffered the same neglect, abuse and despair at the hands of Richard and Cynthia Kelly. He said he was kept in the basement for weeks and months at a time.
"You're down there and nobody knows you're down there except the people in the house,'' said Carter in extensive interviews with AL.com. "It's up to those people to make sure everything's going to be all right and it's not all right and you're kinda lost. You sit in the corner and weigh out what means the most. It was horrible. Horrific.
"It gets to that point where you're like an animal,'' Carter said. "You feel like an animal."
Carter recently returned to Birmingham to try to visit his brother, who remains hospitalized but is recovering. His brother wasn't ready to see him or any other family, but Carter vows to be there for him if and when he's ready.
"We'll be all right, and I don't have to worry about anybody ever hurting my brother again,'' Carter said. "I just want to make sure everything I'm doing in Arizona and that I have lined up is beneficial not only for me but for him too. If I could talk to him, I'd let him know my place is always open to him. I'm his family."