Three convicted in death of Danieal Kelly

Danieal Kelly's father was not there when she starved to death almost five years ago in her mother's squalid West Philadelphia apartment.

Neither was Dana Poindexter, the city Department of Human Services social worker who supposedly investigated reports that she was being neglected. Nor Mickal Kamuvaka, head of a DHS contractor paid to put a social worker in Danieal's house twice a week to make sure she was safe.

But a Common Pleas Court jury Friday ruled that each played a role that inevitably led to an agonizing death for a 14-year-old girl with cerebral palsy who could not care for herself.

The jury deliberated seven hours before finding the three guilty on all charges:

Daniel Kelly Sr., 40, endangering the welfare of a child.

Poindexter, 54, child endangerment, recklessly endangering another person, and perjury.

Kamuvaka, 62, involuntary manslaughter, child endangerment, reckless endangerment, perjury, criminal conspiracy, and four charges involving what prosecutors called a "forgery fest" to create a case file to fool investigators into thinking Kelly actually got in-home services.

None showed any emotion as the verdicts were announced shortly before 4 p.m.

"It's been five years and I am tremendously, tremendously gratified by the jury's verdict," said Acting First Assistant District Attorney Edward McCann, who with Assistant District Attorney Jennifer Selber got the case Aug. 4, 2006, upon Kelly's death.

McCann praised the jury for seeing that all three played parts in the death in a fetid, two-bedoom apartment Kelly shared with her mother, Andrea, and eight siblings.

Andrea Kelly, 42, pleaded guilty to third-degree murder in 2009 and is serving a 20-to-40-year prison term.

Judge Jeffrey P. Minehart set sentencing for Sept. 6.

McCann said Daniel Kelly faces a seven-year prison term, Poindexter eight to 16 years, and Kamuvaka up to 25 years.

Defense attorneys - Earl G. Kauffman for Kelly, Joshua E. Scarpello for Kamuvaka, and Craig Hosay for Poindexter - said they would discuss possible appeals with their clients.

Scarpello said he had hoped the jury might acquit Kamuvaka of involuntary manslaughter.

"The only reason she went to trial is she didn't want to admit she killed anybody, and that's what that charge means," Scarpello said.

Daniel Kelly and Kamuvaka have been in custody. Kelly's bail was revoked this year after he fled to Indiana. Kamuvaka was in federal custody serving a 171/2-year term for health-care fraud involving Danieal Kelly's case.