'Challenged' teen kept in basement 2 years remains gravely ill: 'You just struggle to wrap your head around it'

By Carol Robinson | crobinson@al.com

A teen boy weighing only about 55 pounds after spending much of two years locked in the basement of his Helena home remains "gravely ill," police said today, and appears to have lived under the radar of neighbors, lawmen, school officials and child welfare workers.

The 14-year-old boy, whose name has not been released, was kept in "forced isolation," said Helena police Chief Pete Folmar, and was described by doctors as severely and chronically malnourished, dehydrated, suffering from acute respiratory distress, shock, hypothermia, hypothyroid and close to death. Asked if the boy has special needs, Folmar said, "I would say he is challenged in some way."

"The child remains gravely ill at this time and faces a long, difficult recovery and uncertain prognosis,'' the chief said.

The boy's adoptive parents, Richard and Cynthia Kelly, ages 56 and 47, late Monday afternoon were charged with aggravated child abuse, a Class B felony with a possible sentence anywhere from two to 20 years in prison. They were moved from the Helena City Jail to the Shelby County Jail, where they remain on $1 million bond each.

The investigation began Sunday when Helena police were notified by Children's of Alabama hospital staff through the Shelby County Department of Human Resources of the boy's arrival at the hospital. Authorities say his parents took him there when his condition worsened.

Folmar said officers first responded to the hospital Sunday at the request of DHR, and then went to the family's home. "After several hours of interviews and evidence collection, investigators took the child's adoptive parents into custody,'' he said.

According to the arrest warrants, the couple is accused of denying food, nourishment and medical care to the boy, who was "subjected to forced isolation for extended periods of time." Authorities say that "isolation" was disciplinary in nature. There were no signs the boy was handcuffed, chained or bodily restrained in any way.

Folmar declined to discuss any specifics about the boy's injuries or condition, and about the appearance of the basement where they believe the boy was held. "I'm not going to get into investigative details at this time,'' he said. "We're not going to try this case in a court of public opinion or in the news media, and I don't want to say or do anything that would jeopardize legal proceedings moving forward."

The boy has not yet been interviewed by police. Folmar said he wouldn't say whether the boy is physically or mentally able to speak with authorities. "We have not talked to him,'' he said. "I just don't want to subject him to anything at this point in time. There's a time and place appropriate for everything and I don't think the time and place has been appropriate."

The family has lived in the Helena area for about 20 years. Also living in the family's Spruce Drive home in the Royal Pines subdivision off of County Road 17 was the couple's 19-year-old adopted daughter and a 21-year-old man described by authorities as an acquaintance. Folmar said Tuesday those young adults do not appear to have been harmed and are not facing criminal charges.

Neither Cynthia nor Richard Kelly show any previous criminal record in Alabama, and Folmar said Helena police have never had any dealings with the family. Folmar said Cynthia Kelly doesn't work and is believed to have homeschooled both of her adopted children. Richard Kelly, he said, has worked in the computer technology field - including a software company off of U.S. 280 - but has most recently been unemployed for a short amount of time.

Shelby County Schools' spokeswoman Cindy Warner said neither of the adoptive children were ever enrolled in the school district.

Alabama Department of Human Resources spokesman Barry Spear they have no prior history or reports of abuse or neglect involving the victim. Spear said because all adoption records are confidential, he could not discuss whether the victim and his adopted sister were adopted in Alabama and through DHR or a private agency.

Spear said DHR was notified of this case through Children's of Alabama and said their part in the investigation is ongoing. "We will continue to work with law enforcement in the investigation of this incident,'' he said.

Residents in the neighborhood said they were stunned by news of the boy's condition and the arrest of the adoptive parents. "I'm still in shock,'' said Shyler Clayton, who lives next door to the family on Spruce Drive. "You don't think of this happening to somebody living next door to you."

By most accounts, the family kept themselves and didn't socialize with others in the neighborhood. Consistently, neighbors said they usually saw Richard Kelly as he came and went, usually to work, but rarely saw Cynthia Kelly.

They said the 21-year-old man living in the home, who residents thought was also a member of the family, is outgoing, friendly and always outside. They said they didn't even know the teen girl lived there, and said occasionally they would see the 14-year-old victim cutting the grass.

"He was so small, I thought he was about 8 or 10," said Troy Clayton. "It took all he had to push the lawnmower."

"You might see him out there,'' he said, "but then you wouldn't see him again for a while."

The Claytons, who have lived next door to the family for only about six months, said they never suspected anything amiss. "I just hope the little boy is OK,'' Shyler Clayton said.

The police chief said the probe is far from over. "The investigation is not complete and will not be for some time,'' he said. "We ask for your patience and understanding."

Many have questioned why the other young adults in the home are not facing criminal charges. "I won't get in to what they did or did not know, or what they may or may not have told us," Folmar said. "This particular statute in the state of Alabama requires that one of the elements of the crime is that the person who is believed to have committed the crime be a responsible person as defined by Alabama law. Which means they are the person responsible for the care of the child."

He said they will continue to interview friends and family to try to determine what, if anything, those outside the family knew was happening. That is only to help their investigation, he said, not to bring additional charges against anyone else.

"The business of the police department and the criminal justice system as a whole is legal obligation,'' he said. "What people's moral obligations are are between them and their conscience, and them and their faith and them and their family. As to whether or not there was a moral obligation there, I'll let people make their own determinations on that."

Folmar publicly thanked Shelby County District Attorney Jill Lee and her staff, as well as the Shelby County DHR for their "attention to detail and their tireless work on behalf of this child."

He also praised his investigators: Investigator Sean Boczar, Crime Scene Sgt. Josh Lindsey, Officer Amanda Davis, Sgt. Michael Johnson and Officer Michael Nelson. "They have all worked tirelessly on what, for many of them, is the most disturbing case they have seen in their careers,'' Folmar said.

Folmar was clearly disturbed by the boy's dire circumstances. "You just struggle to wrap your head around it, I suppose that's the best thing I can say,'' he said. "Like most of the people here at the police department, I'm a parent and you just struggle to wrap your head around it."

"I don't know that angry is exactly the word,'' he said. "Upset, frustrated and mostly, I just feel sorry for this young man."

"Keep this young man in your thoughts and prayers,'' Folmar said. "We'll move forward with our investigation and do the very best we can for him."