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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
Third Judicial District At Palmer
Filed November 2, 2005
PA-04-02686CR & 3PA-04-02689CR
State Of Alaska
Patrick Kelley & Sherry Kelley
MOTION AND AFFIDAVIT TO INTERVENE FOR LIMITED ACCESS TO DISCOVERY
ON BEHALF OF “H. Doe”, ALLEGED ADDITIONAL VICTIM
OF ABUSE AT THE 8321 WELLSLEY ANCHORAGE HOME OF DEFENDANTS
1.This motion comes about because, as Mr. N, ex-landlord of Patrick and Sherry Kelley, has shown by third party testimony, in open court (cross examined by the judge); there were 9 children NOT 5 living at the primary residence of Patrick and Sherry Kelley which was NOT in Wasilla at all but at 8321 Wellsey Court in Anchorage Alaska. They had a lease purchase agreement with the P./N. family and resided there from sometime in the fall of 1999 until approximately March or April of 2004. During the month of January, 2004, “H. Doe”(4), was pulled from pre-school for one month during which time she lived in the Kelley household and on approximately January 31, or February 1, 2004 did relate to a pediatrician and in front of 4 adult witnesses and incident of alleged anal abuse.
2.Because all attempts to have investigated these children's period as residents in the Kelley household has failed; and the Alaska State Troopers and many other individuals in other agencies were fully aware of this situation; having conducted interviews with both the father and mother as early as July '04; and those interview notes and other informations should be part of the current items for discovery; and because “H.Doe” is in need of more information to aid in her therapy, now ongoing; Mr. N. now files this motion to intervene in the discovery process; as more described in the affidavit below.“
3.ALL the documentation cited below exists and is available for immediate submission.
4.“H. Doe” has been substituted for the real name of the alleged victim because she is a minor and because of the nature of her allegation.
First being sworn on oath, R. N. states the following based on his knowledge and belief
5.On Feb. 11, '04, “H. Doe”, in an Alaska Cares interview with APD Officer Cynthia Bridges; described her living conditions as follows:
"[I asked “H. Doe”] who all she lives with at her house.
Interviewer: "[I asked her] "yuck" what?"
Her: "I'm not going to tell you it."
Interviewer: "[I said] you are not going to tell me who you live with."
Her: "No, it's disgusting."
6.On October 10, 2003, at 19:55:22, the Anchorage Police Department received call number: 032880529. THEIR screen notes read: “O[officer] check on children at above [8321 Wellsley Ct.] which is uninhabitable house. . . . . Comp[lainant] only wants APD for a civil S/B to install smoke alarms, not to evict them, although he has all his paperwork. Comp is landlord.”
7.Among that paperwork were photographs of the inside of the house and an affidavit from Real Estate agent R. F., dated Sept. 12, '03 stating in part: “. . . sheet rock and tiling was removed exposing the electrical and the plumbing. Both bathrooms appeared to be unusable. . . . I do believe there is a serious fire hazard . . . In my almost ten years of doing business as a realtor, I have never seen any home in such destroyed condition.”
8.On October 16, 2003, Mr. N. received a requested call back from a Denise at the Anchorage Fire Dept. while inside the Kelley house while a protective tape recording was occurring; the transcript in part reads: “Hello this is R. Oh hi Denise. Larry I'm going to step outside for a second so I can hear this phone call. . . . my wife said that the bathrooms were non-functional but the toilet doesn't work, really but I mean there is water there but you can't take a bath or a shower, there doesn't appear to be any place to sleep, . . . [they]fooled with the electric, it looks like there's lots of hazards, . . . I mean there's kids here and were responsible for these kids. . .”
9.In D. P. vs. Patrick Kelley et al, 3AN-03-11235ci & 11344ci, FED actions filed on 9/9 and 10/10 2003 respectively; many of these claims were entered into the eviction courts record.
10.On Sept. 28, 2005 at a hearing before Judge Morgan Christen; of two affidavits submitted by next door neighbors of 8321 Wellsey; supporting Mr. N.'s claim that D. P. had moved their familie's four children, including “H. Doe”, into the house described above to reside along with the 5 other children of the Kelleys; the Judge herself cross-examined one of these affiants who was swearing that she had seen D. and Sherry Kelley often come out on the back porch together, the children in the back yard and the P. family dog; claiming the P. family had moved in with the Kelley's in December of 2003.
11.Master Andrew Brown, wrote in his Master's Report of March 26, 2004 (3AN-03-13699ci): page 14 “Also with appearing that [“H. Doe”] has acted out in a sexual manner there is the question of why and how to deal with it, which is something the custody investigator will have to explore. [at page 19] “ [“H. Doe's”] acting out in a sexual manner is troubling. The custody investigator will have to look into this.” (in spite of extensive documentation submitted and offered to the Custody Investigator no attempt at the Master's recommendation for an exploration into what happened was made.
12.Beginning with the pediatricians written report of January 31, 2004, and several affidavits of two adult witnesses filed in February 2004; the alleged incident related shows that [“H. Doe”] has alleged that her ankles were bound and objects were forced up her 4 year old anus by a child with the same name as a child in the Kelley household and she several times remarked of being saved from being more hurt by a “Miss Sherry” etc. The affidavits further relate that shortly after this she appeared extra stressed and was acting out sexually in an extreme way for a 4 year old saying things like “do you want to eat my pee pee” and in front of witnesses trying to put her hand into Mr. N.'s crotch etc.
13.On March 8, 2004 an attorney providing coaching assistance to Mr. N. hand-delivered a letter to Anchorage Police officer Cynthia Bridges where she wrote in part: “I was surprised to learn that none of Mr. N.'s companions, nor the pediatrician who had examined “H. Doe” at the outset have been contacted by your unit nor by OCS . . . . If 'spin' has occurred, or if the abuse alleged to “H. Doe” from a boy living with Ms. P. has gone un-investigated, it would certainly not do justice to “H. Doe.”
14.In July and August of 2004 Alaska State Trooper Ruth Josten conducted telephone interviews with both Mr. N. (as the Kelley's landlord of primary contact) and D. P. (as a member of the Kelley household). On August 8, 2004 Mr. N. sent three separate emails to officer Josten, at her request (see Exhibit One); one of which contained nine .jpg pictures of the inside of the Kelley house.
15.This little girl has a right to have her situation at last to be promptly resolved as to what did or did not happen to her while she was in residence with her three other sisters and brothers with the Patrick and Sherry Kelley family.
16.It is not her fault that the “system” so wants to cover all this up to escape even more embarrassment of even more apparent child abuse where serious attempts were made to get authorities involved but where nothing was done; and where as a result abuse occurred that would never have otherwise occurred. “H. Doe” was originally under the Protective custody of her father beginning on December 03, 2003 and the boy whose months untreated burns resulted in a gross infestation of living maggots, was burned on February 14 2004. However both the OCS and APD had been asked numerous times to even open the front door of 8321 Wellsley; months before that. Worse, the Feb 11, 2004 interview of “H. Doe” with the child unit of the police is vivid enough on it's face especially when connected to the other available evidence that even an accelerated “home-study” would have likely discovered that boy and prevented his months of neglect and subsequent amputations.
17.Mr. N. is asking for direct access to the summaries of the phone interviews with officer Ruth Josten of both D. P. and R. N. and some form of limited access via some INDEPENDENT professional for all other documents with any reference to 8321 Wellsley, or D. P. or R. N. or any interviews of the Kelley children that mention any of the above or any of the children of the family of R. N. and D. P..
Further your affiant sayeth not. _______________________________ Name Withheld (available in case file)
Sworn to and subscribed before me this Nov. 2, 2005 at Anchorage, Alaska.