This Judge doesn't seems to be putting up with typical nonsense. No Commissioner Deborah Daniel so there might be justice and accountability.
December 18. 2014 9:06 PM
Alleged parental kidnapper arraigned, ordered held on $250,000 cash bail
By JOHN KOZIOL
New Hampshire Union Leader
Alleged parental kidnapper arraigned, ordered held on $250,000 cash bail
By JOHN KOZIOL
New Hampshire Union Leader
| LANCASTER — Interrupted by several clashes between her lawyer and Coos County Attorney John McCormick, Genevieve Kelley was arraigned on Thursday for interfering with child custody when she fled with her daughter a decade ago. In 2003, Kelley, accused ex-husband Mark Nunes of sexually abusing then 7-year-old Mary Elizabeth Nunes. A year later, Kelley left Whitefield along with Mary and her new husband, Scott Kelley — both of whose whereabouts are currently unknown. Kelley’s flight resulted in Mark Nunes being granted custody and a charge of interfering with custody against Kelley in 2005. The U.S. Marshals Office has said it followed Kelley’s trail through Canada, Central America, and the United States. The case was featured in a recent segment of a nationally televised program, “The Hunt” with John Walsh. |  With two bailiffs waiting to take her into custody, Genevieve Kelley, who was arraigned Thursday in Coos County Superior Court on two counts of interfering with child custody, talks with John McKinnon, one of her lawyers, just after Justice Peter Bornstein ordered Kelley held on $250, 000 cash bail pending a March 23 trial. (John Koziol) |
On Nov. 17, Kelley surrendered and was arraigned on that charge before Justice Peter Bornstein in Coos County Superior Court.
On Thursday, she was back in Bornstein’s courtroom for arraignment on the second count of interfering with custody. Bornstein set a new, cash-only combined bail of $250,000 — five times what he imposed on the first count.
Bornstein, who set a March 23 trial date for Kelley, explained that he was swayed by McCormick’s argument for the higher bail because Kelley had been evasive about whether she had access to passports that would allow her to flee the jurisdiction.
That win for the state, however, was offset by two wins for the defense. The first let Alan Rosenfeld, a Colorado-based attorney, represent Kelley; the second, rejected the state’s request to produce Mary Nunes so that she could undergo an “inpatient evaluation.”
McCormick argued that Rosenfeld had “poisoned” the pool of Coos County jurors when, in an article with a local newspaper, Rosenfeld stated that Kelley was Mary’s protector and Mark Nunes was her abuser.
That “pretrial publicity,” said McCormick, “was highly unfair and prejudicial to the state.”
But Rosenfeld said there was no sworn proof or admissible evidence before Bornstein that he made the remarks.
The judge sided with Rosenfeld, but cautioned him to tread lightly, saying he would entertain a future motion from McCormick to remove Rosenfeld if Rosenfeld spoke inappropriately in public.
The justice also rejected McCormick’s motion to require Kelley to undergo a mental health examination, but he did agree that a condition of Kelley’s bail would be no contact with Mary Nunes or Scott Kelley.
As to compelling the defense to produce Mary Nunes, McCormick conceded he was on “flimsy” legal ground, to which Rosenfeld said there was no legal basis to order an 18-year-old to undergo any type of evaluation. Bornstein agreed, saying he had no authority to compel a “non-party” in the Kelley case to appear before him.
McCormick then attempted to introduce but later withdrew a letter from Mark Nunes. He also attempted to present to the defense team wrapped gifts that he said were from Mary Nunes’ siblings to give to Mary.
Bornstein told McCormick that the gifts should be discussed outside the courtroom.
In another twist, Bornstein — after having ended the hearing — suddenly reconvened it, saying that because there were apparently no plea deals to talk about, there was no need to have an in-chamber dispositional conference.
McCormick said he made an offer to Kelley, received no reply, but would welcome a counter-offer.
Rosenfeld said his client was innocent of the interfering with custody charges and that he would only let her accept a plea to contempt of court.
Both Rosenfeld and McCormick told Bornstein that they expected Kelley’s trial to last about two weeks.
Jury selection begins March 23. More on Alleged Alienator/Kidnapper Genevieve Kelley
On Thursday, she was back in Bornstein’s courtroom for arraignment on the second count of interfering with custody. Bornstein set a new, cash-only combined bail of $250,000 — five times what he imposed on the first count.
Bornstein, who set a March 23 trial date for Kelley, explained that he was swayed by McCormick’s argument for the higher bail because Kelley had been evasive about whether she had access to passports that would allow her to flee the jurisdiction.
That win for the state, however, was offset by two wins for the defense. The first let Alan Rosenfeld, a Colorado-based attorney, represent Kelley; the second, rejected the state’s request to produce Mary Nunes so that she could undergo an “inpatient evaluation.”
McCormick argued that Rosenfeld had “poisoned” the pool of Coos County jurors when, in an article with a local newspaper, Rosenfeld stated that Kelley was Mary’s protector and Mark Nunes was her abuser.
That “pretrial publicity,” said McCormick, “was highly unfair and prejudicial to the state.”
But Rosenfeld said there was no sworn proof or admissible evidence before Bornstein that he made the remarks.
The judge sided with Rosenfeld, but cautioned him to tread lightly, saying he would entertain a future motion from McCormick to remove Rosenfeld if Rosenfeld spoke inappropriately in public.
The justice also rejected McCormick’s motion to require Kelley to undergo a mental health examination, but he did agree that a condition of Kelley’s bail would be no contact with Mary Nunes or Scott Kelley.
As to compelling the defense to produce Mary Nunes, McCormick conceded he was on “flimsy” legal ground, to which Rosenfeld said there was no legal basis to order an 18-year-old to undergo any type of evaluation. Bornstein agreed, saying he had no authority to compel a “non-party” in the Kelley case to appear before him.
McCormick then attempted to introduce but later withdrew a letter from Mark Nunes. He also attempted to present to the defense team wrapped gifts that he said were from Mary Nunes’ siblings to give to Mary.
Bornstein told McCormick that the gifts should be discussed outside the courtroom.
In another twist, Bornstein — after having ended the hearing — suddenly reconvened it, saying that because there were apparently no plea deals to talk about, there was no need to have an in-chamber dispositional conference.
McCormick said he made an offer to Kelley, received no reply, but would welcome a counter-offer.
Rosenfeld said his client was innocent of the interfering with custody charges and that he would only let her accept a plea to contempt of court.
Both Rosenfeld and McCormick told Bornstein that they expected Kelley’s trial to last about two weeks.
Jury selection begins March 23. More on Alleged Alienator/Kidnapper Genevieve Kelley
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