Adoptive parents indicted in case of teen kept in basement for 2 years; father seeking lower bond
By Carol Robinson | crobinson@al.com
The parents of a young Shelby County boy reportedly kept in "forced isolation" by his adoptive parents 23 hours a day for up to years have now been indicted on felony charges, and one of the suspects is again asking for his $1 million bond to be reduced.
A Shelby County grand in April indicted Cynthia and Richard Kelly on one charge of aggravated child abuse each, which is a Class B felony, according to court records recently made public. Both have been in jail on the $1 million bond since their arrests in November 2016.
According to the indictments, the parents did "torture, willfully abuse, cruelly beat or otherwise willfully maltreat" their 14-year-old adopted son who weighed only 47 pounds when he was hospitalized six months ago. The indictment says the abuse happened between Nov. 1, 2014 through Nov. 12, 2016.
"Over a period of two years, (the couple) did confine (the victim) to a closed off room in the basement with a locked door for 23 hours a day with limited to no access to social interaction; further, (the victim) was only allowed a box spring to sleep on; further, that (the victim) was only fed one meal a day and that food and nourishment was withheld to the point that (the victim) was admitted on the date of Nov. 12, 2016 to the hospital suffering from extreme malnourishment, shock, hypothermia and dehydration to the point of near death, and presented with abrasions on his knees, lips, ears and ankles."
The 14-year-old adopted son has since been released from the hospital and has been placed in a therapeutic foster home, where family says he appears to be happy and is doing well. A therapeutic foster home caters to the physical, emotional and social needs of children with emotional challenges.
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 late last year. 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."
In the couple's first court hearing, which was held in February, it was revealed that they received $500 a month from the state through DHR to help take care of their son. Adopted children may receive an adoption subsidy if they meet the special needs criteria. This is paid by the federal Department of Health and Human Services and distributed to the family by Alabama DHR.
A month after their arrests, lawyers for the couple claimed that their $1 million bond is "excessive and illegal," and were asking the amount to be reduced. "30 times the maximum of the bond schedule is grossly excessive,'' said attorney Jared Welborn, who represents Richard Kelly. At the February hearing, however, County Judge Daniel Crowson, however, refused to lower their bond and said there was enough evidence against the couple to send the case to a grand jury which issued the indictments on April 19.
Welborn on Monday filed a renewed motion to reduce Richard Kelly's bond to "a reasonable amount." In his motion, the attorney notes that his client doesn't have any criminal history and is a longtime resident and homeowner in Shelby County.
The recommended bond guideline for a Class B felony is between $5,000 to $30,000, the motion states. Welborn questions why the judge has not given a written explanation as to the reasons why the bond for Richard Kelly exceeds to the guidelines. "Your defendant respectfully avers that the current bond of $1 million is grossly in excess of the recommended bond schedule and illegal,'' he wrote.
The judge has not responded to the latest request, and trial dates have not been set in either case.