Prosecution grills Danieal's father at trial

July 14, 2011|By Joseph A. Slobodzian, Inquirer Staff Writer
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  • Daniel Kelly Sr., Danieal's father: "I loved her with all my heart."
  • Daniel Kelly Sr., Danieal's father: "I loved her with all my heart."
  • Danieal Kelly. At 14, she starved to death in her mother's care.

Daniel Kelly Sr. said he loved his disabled daughter Danieal, would never have done anything to harm her, and had accepted that she "would be totally dependent on me for the rest of her life."

He also conceded that he had "procrastinated" when it had come to such things as getting Danieal a new wheelchair, eyeglasses, and doctor visits and enrolling her in school.

And when his ex-wife and her mother ejected him from the house, moved with the children, and refused to provide new contact information, Kelly acknowledged, he did not go to police, a lawyer, Family Court, or anyone else to fight for visitation.

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By turns polite and prickly, soft-spoken and sarcastic, Kelly tried Wednesday to convince a Philadelphia jury that he bore no responsibility for Danieal's 2006 starvation death.

"You loved your daughter?" asked defense attorney Earl G. Kauffman.

"I loved her very much," Kelly quietly replied. "I loved her with all my heart."

"Did you do anything to put her in a dangerous situation?" Kauffman continued.

"Never," Kelly replied.

Danieal, 14, who could not care for herself, was found dead Aug. 4, 2006, in her mother's squalid two-bedroom West Philadelphia apartment. She weighed 42 pounds - the weight of a typical 5-year-old - and was on a feces-stained mattress, her back covered with maggot-infested bedsores, one that went bone-deep.

Kelly, 40, is charged with child endangerment on allegations that he abandoned Danieal and her year-older brother, Daniel Jr., in 2005 with ex-wife Andrea Kelly, though he had taken them from her 10 years earlier because of neglect.

Kelly was the only one of three on trial who chose to testify. The last defense witnesses are to testify Thursday morning, followed by closing arguments.

Kelly spent almost three hours before the Common Pleas Court jury, including an hour of rigorous questioning by acting First Assistant District Attorney Edward McCann.

McCann retraced Kelly's custody of Danieal and her brother from 1995, when he took them to Pittsburgh after removing them from Andrea's custody, to his return with them to Philadelphia in July 2003 after years living with a girlfriend in Arizona.

At each problem along the way, McCann pressed Kelly to explain what happened.

"Well, there were multiple reasons for that," was Kelly's common reply, as when he began a protracted tale of bureaucratic delays that kept him from getting Danieal care and schooling after returning to Philadelphia.

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