June 14, 2002

Kelley again released

By Richard Nangle,Telegram & Gazette Staff

WORCESTER-- Convicted rapist the Rev. Robert E. Kelley was released on personal recognizance yesterday for the second time in a month, prompting an angry response from several of his alleged victims, who attended his Superior Court arraignment on new rape charges.

The priest has not been defrocked, but performs no religious duties for the Catholic Diocese of Worcester. He pleaded not guilty to five counts of child rape. Heather Mackey, now a Tewksbury resident, was the alleged victim of the rapes.

“This was supposed to be a happy day,” said Karen Pedersen of Fitchburg, one of the plaintiffs in a class action civil lawsuit against Rev. Kelley alleging sexual abuse. Ms. Pedersen said she expected the priest to be taken into custody after the arraignment.

“We are a bit distraught by the district attorney's refusal to hold this man,” said Mary Jean of Leominster, who has started an organization called Worcester Voice for victims of sexual abuse by clergy members. “We feel that it is a real issue of safety for children.”

Ms. Jean said she believed that Rev. Kelley, 60, of Worcester, was being held to a different standard because his alleged victims were girls, not boys. “With more counts being added ... how can they let him walk?” she said.

Ms. Mackey said she doesn't “feel comfortable with him on the streets. ... But I also think that Robert Kelley is a smart person and I don't think he would be doing anything now with the current charges pending.”

Ms. Mackey said it is hard for her to hear Rev. Kelley say that he is not guilty. “But I kind of went in expecting that he wouldn't tell the truth, mainly because he doesn't want to go back to jail, I'm sure of that,” she said.

“We need some kind of acknowledgement that we weren't wrong,” Ms. Pedersen said. “We're the victims and they're victimizing us again each time we come here.”

“We're driving down this morning. We're thinking how great it's going to be -- he's having his last morning of freedom. And they let him walk. He's going to be free tonight. I'm going to go home and I'm going to be suffering. It's just not fair,” she said.
     Rev. Kelley responded “not guilty, your honor” in a clear, strong voice as each of the five charges were read in court. He stood quietly next to his lawyer, Anthony Salerno, during the brief proceeding.

The hearing was before Judge Joseph M. Walker III. Assistant District Attorney William M. McGourty concurred with the terms of Rev. Kelley's release.

Bail had been set last month in Leominster District Court at $200,000 by Judge Vito A. Virzi, but that order was vacated hours later in Worcester Superior Court by Judge Francis R. Fecteau. On that day Rev. Kelley was arraigned on two counts of rape of a child. A Worcester County grand jury indicted him on those charges and three others on Tuesday.

Ms. Mackey said she was sexually molested by Rev. Kelley from when she was 4 years old until she was 9 years old. The incidents are alleged to have happened when the priest was assigned to St. Cecilia parish in Leominster. The priest met her when she was visiting her grandmother, who was a parishioner, she said.

She said people associated with District Attorney John J. Conte's office have told her that no bail was set because Rev. Kelley abided by the restrictions placed on him in court last month.

“Legally they don't have anything to hold him on,” she said. “Bail is set up for somebody if they are afraid they will not show up for court hearings ... and there's no threat of that. He's showing up. He's doing what he's asked to do. So they really can't hold him.”
     Judge Virzi set bail against the recommendation of Mr. Salerno and the district attorney's office, stating in writing that Rev. Kelley was a threat to young children.

He wrote that the “defendant has a substantial record of similar offenses for which he was convicted and sentenced for indecent assault and battery and rape of a child.”

Rev. Kelley, who has not been active in the priesthood since 1986, served several years in prison after pleading guilty in 1990 to raping a Gardner girl when he was assigned to Sacred Heart parish. After pleading guilty in 1990 his bail was revoked and he was held pending sentencing.

In a deposition for another civil suit against him, the priest estimated that he was involved in 50 to 100 incidents of sexual abuse of girls in Leominster, and other incidents in other communities.

Pretrial probation, Mr. Salerno said, requires that Rev. Kelley check in with a probation officer between court dates. Rev. Kelley is to return to court July 24 for a pretrial conference.

Ms. Mackey said she has been in contact with other women who say they were molested by Rev. Kelley.

“We've heard from people from all of his parishes,” Ms. Mackey said. “Some are afraid to come forward; others have made steps to come forward. Others have met with us in person and we'll keep their names anonymous. It's been wonderful, a great way of connecting. A lot of these girls didn't know who to talk to and were scared and it's good for them to be able to contact us and talk to someone who's been there, who's been through the same thing.”

Ms. Jean's group can be reached via e-mail at worcestervoice@msn.com.