Convicted Rapist Spends No Time In Jail
A man convicted of raping his neice 17 years ago has yet to serve a day of his 10-year sentence.
Originally published by TheBostonChannel.com (WCVB-TV), February 6, 2002
NewsCenter 5's Mary Saladna said that 72-year-old James Kelley now wants a new trial. His victim is outraged and placed the blame for the delay in justice on the Worcester County district attorney's office Wednesday."When I didn't have a face, and I was a nobody, it didn't matter to anybody," rape victim Debbie Hogan said.
Hogan said that she doesn't regret going public with her rape case because she now believes it is the only way she'll get justice.
Kelley, Hogan's uncle, was convicted in 1985 of brutally raping her. He was sentenced 10 years in jail but has never served one day behind bars. The judge in the case gave him a stay of execution. Hogan said that the Worcester County district attorney's office has never tried to enforce the sentence.
"They've made me a victim for 17 years," Hogan said. "I'm still caught up in this and I shouldn't have to be. It should be over, and I should have been able to move on."
To get the case moving again, Hogan hired her own lawyer, Wendy Murphy, last year. Murphy argued before the Supreme Judicial Court that the Worcester County district attorney's office had dropped the ball on the case, and that Hogan had a right to private representation. The SJC has yet to rule.
Kelley's lawyers argued before an appeals court Wednesday that their client is entitled to a new trial.
"Mr. Kelley was simply not represented competently," defense attorney Elliot Lobel said.
"It's clear from the trial that certain evidence came in that shouldn't have come in, so he did not get a fair trial," defense attorney Nancy Dolberg said.
The Worcester County deputy district attorney, Brian Cann, argued that Kelley got a fair trail. He spent five of his 15 allotted minutes before the court trying to explain why the case is still dragging on.
That angered Murphy.
"They didn't even do a good job excusing the delay. But more importantly, they wasted the chance to hammer home how strong the case was and how fair the trial was," Murphy said.
Hogan was also disappointed in the prosecution's performance, but hopeful that she'll win the appeal.
"The DA's office did do a wonderful brief, and I think it will stand for itself," Hogan said.
When asked to comment on the Kelley case, Worcester District Attorney John Conte told NewsCenter 5 that it's a pending court matter, and that he'd have no further comment until the appellate court issues its ruling.
That could take up to three months.
Hogan is now 41-years-old, and lives with her children in Florida.
She's still waiting for the SJC to rule on whether she has a right to have her private attorney represent her in this case instead of the district attorney's office.
