Thursday,
October 2, 2003
Rev. Kelley faces 5
years in prison
Judge has harsh words for diocese
Richard Nangle
TELEGRAM & GAZETTE STAFF
WORCESTER- Rev. Robert E. Kelley was sentenced
yesterday to 5 to 7 years in Walpole State Prison for raping two young
girls.
"I apologize. I'm sorry," Rev. Kelley said, referring to "my
selfishness."
In imposing sentence, Judge John S. McCann rejected a defense
recommendation for home confinement on a bracelet and with probation.
Rev. Kelley bowed his head and wept softly at several points during the
hearing.
Judge McCann ordered Rev. Kelley, 61, into immediate protective custody
after an emotional courtroom scene in which his two victims and their
parents accused the Diocese of Worcester of indifference to their
plight. Judge McCann also had harsh words for the diocese.
"The only sacredness in this saga is the children victims," Judge McCann
said. "The only darkness is the inertness of the hierarchy."
Rev. Kelley informed state police in 1989 that he told the late Cardinal
Humberto S. Medeiros of his affinity for young girls in the early 1970s
and that no action was taken.
The church hierarchy, Judge McCann said, "could not and was not willing
to deal with this extraordinarily difficult issue."
John Mackey of Tewksbury, whose 27-year-old daughter Heather was one of
the two victims, said afterward that he believed Rev. Kelley's apology
was genuine. The other victim was Diane Gallien of Ashburnham. Both
rapes happened in Leominster.
Mr. Mackey said several people in the packed courtroom were victims of
Rev. Kelley who have been prevented from seeking criminal action because
of the state's statute of limitations law.
"I would call upon the state Legislature to look at that statute of
limitations and to change it so they all have a chance to have their
voices heard," he said. "But the likelihood of that happening is
probably slim to none because of the strong lobby that the Catholic
Church has in the Legislature.
"I view it as half the job was done today, relative to Father Kelley,"
he said. "The other half is relative to the Catholic Church.
"I hate Robert Kelley, not only for what he has done to Heather and
Diane, but what he has done to so many other young girls," he said. "I
despise the Worcester Diocese for their lack of compassion, sensitivity,
loyalty, honesty, concern and their total indifference to victims."
Mr. Mackey said the late Bishop Timothy Harrington made a verbal pledge
to help Heather Mackey after learning that she had been sexually
assaulted by Rev. Kelley. Bishop Harrington reneged on that promise, he
said, adding that Heather was in the eighth grade at the time.
"Heather withdrew her suit with prejudice on the advice of her
attorney," he said, adding that she did so partly out of fear that "the
threat that the Worcester Diocese would sue Heather for triple their
legal costs if she were not successful in dealing with the statute of
limitations and being victorious."
Bishop Daniel P. Reilly released a statement yesterday asking for
prayers for both the victims and Rev. Kelley.
"The diocese of Worcester will continue to make every effort as an
institution to provide safe environments to children in our care,
following the national charter for the protection of children. We will
also continue to offer counseling services and outreach to those who
were victims of Fr. Kelley and others who represented the church," the
statement read.
Rev. Kelley will be eligible for parole after serving about 3 years and
4 months. A probation period of 20 years will follow his incarceration,
during which time Rev. Kelley will not be allowed to use alcohol or
drugs, must refrain from contact with the victims or their families and
must have no contact with children under age 16.
The sentencing marked the second time Rev. Kelley has been sent to
prison for rape of a child. He served 6½ years of a 7-year sentence
imposed in 1990 after pleading guilty to six counts of rape of a child.
This time, Rev. Kelley was charged with four counts of unnatural rape of
a child and two counts of rape of a child. The victims were between 6
and 9 years old at the time of the offenses, which happened between 1981
and 1984. Rev. Kelley was a priest at St. Cecilia's Parish in Leominster
and Sacred Heart Parish in Gardner at the time of the assaults.
Judge McCann said Rev. Kelley "suffers from pedophilia which is not
considered a mental illness but represents a significant character
pathology that requires lifelong management." He ordered that Rev.
Kelley participate in as much sexual offender treatment as available.
He said Rev. Kelley is a Level 7 offender at high risk to sexually abuse
young girls again if left unsupervised. He cited testimony in a
deposition in which Rev. Kelley admitted to at least 50 other sex
offenses. He said there is no evidence that Rev. Kelley has reoffended
since 1985 and noted that the priest has acknowledged his pedophilia.
Rev. Kelley had been caring for his 91-year-old father in his Worcester
home and making a $150-per-week payment on a $750,000 judgment against
him in a child sexual abuse civil suit.
Heather Mackey said she wanted the state to protect Rev. Kelley in
prison, saying she still has a connection to him because of their close
relationship during her childhood.
"I don't hate him. I hate what he's done," she said. "I would have a
very difficult time with it if he was harmed in prison."
When Ms. Mackey was 7, the priest forced her to perform a sex act on him
and at other times had sexual intercourse with her, according to the
prosecution.
Mr. Mackey thanked the district attorney's office and state police and
said he found Rev. Kelley's lawyer, Anthony M. Salerno of Worcester, "to
be a gentleman throughout."
Upon learning that Joseph L. Druce, the man accused of killing defrocked
pedophile priest John J. Geoghan in prison, was also due in Superior
Court yesterday, Judge McCann postponed that appearance until tomorrow.
Richard Nangle can be reached by e-mail at
rnangle@telegram.com.
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