You are on page 1of 16

'It's never too late to right your wrong': US daughter who sent her own father to prison for

40 years after lying that he raped her pleads for his release
Daryl Kelly jailed in 1997 after his eldest daughter accused him of rape Now 24, Chaneya Kelly said she was forced to make claim by her mother Said mother Charade threatened to beat her if she did not accuse father Charade Kelly signed a sworn affadavit declaring she threatened Chaneya Daryl Kelly jailed for 20 to 40 years after being convicted by a jury
By Kerry Mcdermott PUBLISHED: 13:50, 19 August 2013 | UPDATED: 18:20, 19 August 2013

250 shares 81 View comments

A woman whose father went to prison when she told police he raped her as a nine-year-old has said she made up the story to avoid being beaten by her mother. Chaneya Kelly, 24, of Newburgh in upstate New York, is pleading for her father's release nearly 16 years after she accused him of molesting her in 1997. Ms Kelly, who says her mother - then addicted to drugs and alcohol - forced her to make the claim, has said: 'I'm 24-years-old and I made this mistake when I was nine-years-old - but it's never too late to try and right your wrong.' Scroll down for video

'Mistake': Chaneya Kelly, now 24, said she falsely accused her father of raping her as a nine-year-old because her m other threatened to beat her if she didn't

Her father Daryl Kelly, a Navy veteran who ran an electronics repair shop in Newburgh, was sentenced to 20 to 40 years in prison and barred from any contact with his children after being convicted by a jury of multiple counts of rape and serious sexual assault. Kelly, who has always maintained his innocence, had never been convicted of a felony before. 'All I think is, one day the truth will set me free. All I have to do is hold on,' Kelly told NBC News from the Green Haven Correctional Facility. In October 1997, while Kelly was living with his wife Charade and their five children in Newburgh, he says he was attempting to rid himself of a drug habit in order to take better care of his family. But he said his wife's own drug habit had spiralled to the point where she turned to prostitution in order to feed her addiction.

Wrongful conviction? Chaneya's father Daryl Kelly as spent alm ost 16 years in jail for m olesting her - a crim e his daughter now says never occurred

Appeals: Chaneya persuaded the courts to allow her to have contact w ith her father again w hen she w as 15-years-old

Chaneya, the Kellys' eldest child, says that one morning before school her mother asked her whether her father had ever 'touched' her. 'I was like, "What do you mean, did he touch me?" And she was like, "Did he touch you in your no-no spot?" And I would repeatedly say no,' the now 24-year-old said. According to Ms Kelly her mother threatened to beat her if she did not 'tell me the answer that I want to hear'.

She said she told her mother her father had molested her to avoid being beaten, even though it wasn't true. Kelly was taken in for questioning on October 29 1997. There was no definitive forensic evidence to prove Chaneya had been raped, but the little girl and her mother's story - together with some suspect answers Kelly provided during questioning - were enough for officers to charge the father of five. He refused a plea deal that would have made him eligible for parole in six years, and within a year was sentenced to up to 40 years following a trial by jury. His daughter was sent to live with her grandmother, a Pentecostal minister, and six months later Chaneya told her grandmother her father had never raped her. Pat Thomas took her granddaughter to Kelly's attorney who videotaped the child's recantation. Her mother, Charade, also submitted a sworn affadavit to the court which said she threatened to beat her daughter until she said her father raped her. A judge refused to vacate Kelly's conviction, deciding the recantation appeared forced. Kelly, who remains in jail to this day, began studying law and has filed multiple appeals. His daughter visited him in prison when she persuaded the courts to allow her to have contact with him at the age of 15. 'The first thing my dad did was that he hugged me and he told me that he loved me and... that he doesnt blame me for anything,' she said. Chaneya's mother has said she is now drug-free and confirms her daughter's story, blaming a drug binge for her threats. Frank Phillips, the Orange County District Attorney and chief prosecutor when Daryl Kelly stood trial, has emphasised that Kelly was found guilty by a jury. He said in an interview it was 'not unique' for the victim of a sexual crime to want to protect the abuser by withdrawing their accusation. Onondaga County District Attorney William Fitzpatrick is leading a re-investigation into the Kelly case. His office and the detective behind the original police investigation in Newburgh both declined to comment.
Visit NBCNew s.com for breaking new s, w orld new s, and new s about the economy

FROM THE WEB

by Taboola

Top 5 Hardest Working Actors in Hollywood


Live Wire Review

6 Things You Didn't Know About Life Insurance


Best Life Cover

How 5 a day has grown into 275,000 over 25 y


Hargreaves Lansdow n

Discover The Finest Cocktails In London


5ive Star London

MOST WATCHED NEWS VIDEOS


Previous 1 2

Diana assassination claims are a 'mystifying stunt' made by...

Vive la Newhaven! Protesters climb the fence to reclaim East...

Islamist militants slaughter 25 Egyptian policemen in Sinai...

Comments (81)
Newest Oldest Best rated Worst rated View newest 10 and she waited 16 years to come forward and tell the truth...unbelievable and disgraceful all at the same time! Although, strange that the Authorities didn't pick up that she was lying?!.....must have been pretty convincing at age 9! Poor guy ...wonder if he'll ever find the strength to forgive and forget.... - mellowmoods, Glasgow, United Kingdom, 19/8/2013 21:51 Click to rate Report abuse Drugs - the root of so much misery. It needs to be stamped out at any price. That would still be a bargain! - King Canute, Wormwood Scrubs, 19/8/2013 21:51 Click to rate Report abuse Oh she should be put in prison take the man out - Kami Wilson, Surrey United Kingdom, 19/8/2013 21:49 Click to rate Report abuse Utterly despicable woman - Jeb Bush, Guantanamo, 19/8/2013 21:49 Click to rate Rating 31 Rating 33 Rating 35 Rating 46

Report abuse she was 9 then... but she is 24 now... where she was when she knew what she done?? example,- 16 or 18 y old?? - ivie2011, Bolton, United Kingdom, 19/8/2013 17:14 Click to rate Report abuse There's a lot of men falsely accused of rape stories lately.....these women need to be prosecuted! - tymarq, Minneapolis, Mn, 19/8/2013 17:14 Click to rate Report abuse I dont think a 24yr old wants to protect their abuser - more likely at that age they want to tell the truth. She recanted as a young person and obviously somehow convinced a court to let her see her Father at 15 therefore it is more likely that an abuse of that nature didnt happen. Just because he was convicted by a jury, that doesnt necessarily mean anything. Look at all the miscarriages of justice there have been here, in the USA and globally for that matter that involved juries. They are sometimes as fallible as they are human. - dawn4101, Liversedge, United Kingdom, 19/8/2013 17:10 Click to rate Report abuse 24 she must have had a very hard life. - boomboom, London, United Kingdom, 19/8/2013 17:09 Click to rate Report abuse It is a foul enough deed to falsely accuse a man of rape. It is repugnant beyond belief to bully and manipulate your own daughter to accuse her father of this. This "mother" has put them both through a most horrendous ordeal and should be made to serve the same sentence that he was given. - Mark Brighton, Brighton, United Kingdom, 19/8/2013 17:07 Click to rate Report abuse The mother should have to serve as much time as the innocent father did for real justice - Edward, London, 19/8/2013 17:07 Click to rate Report abuse That is the problem when you jail somebody on hearsay only, with no proof. Pleases the feminists, that now rule western society. - Terry Hudson, Swalecliffe, 19/8/2013 17:07 Click to rate Report abuse Rating 16 Rating 68 Rating 58 Rating 28 Rating 36 Rating 43 Rating 35

Good grief....even at age 9, I would never have lied about something so disgusting untrue....never. - Gigi, Denver USA, 19/8/2013 17:06 Click to rate Report abuse You falsely accused your dad of raping you ???? If that is the case you are something else, and I don't mean that in a positive way.Shame on you ! - Pattapouff, Deurne, 19/8/2013 17:06 Click to rate Report abuse Poor man. Maybe she should do the time in prison instead. - Sandy Brown, London, 19/8/2013 17:04 Click to rate Report abuse so sad. i cant imagine how heart broken he must have felt when this happened - NYtruth, New York, United States, 19/8/2013 16:58 Click to rate Report abuse 15 years in jail & not being able to see your kids grow up? NOTHING can replace the time lost. and what a miscarriage of justice thank god he wasn't killed - fezza_37, Cheshire, 19/8/2013 16:49 Click to rate Report abuse sad story all around. - calif.mailreader, rio vista, United States, 19/8/2013 16:48 Click to rate Report abuse Surely she could have started fighting for his release when she was 16 and out of her mother's control? - Spangles , Cambridge, 19/8/2013 16:07....Please read the article before commenting!! - Jaykay, Birmingham, 19/8/2013 16:46 Click to rate Report abuse Wow ! The poor man. - Von Steed, New York, United States, 19/8/2013 16:42 Click to rate Rating 355 Rating 288 Rating 433 Rating 1037 Rating 1427 Rating 716 Rating 520 Rating 666

Report abuse Poor man. You can imagine his treatment in prison too. Some would top themselves. - wake up, UK, 19/8/2013 16:41 Click to rate Report abuse She was a nine year old child when this happened. The "she should get the 40 yr sentence" comments are ridiculous, - Dawson, ATL, United States, 19/8/2013 16:40 Click to rate Report abuse happens all the time in ugly divorces. - Caleb, Augusta Ga, 19/8/2013 16:36 Click to rate Report abuse wow im so upset reading this, he will never get those years back that he has lost, nothing any of them do from here out is going to make this better...how can the mother live with herself....im disgusted that any1 has the ability to do this to another human being i hope she gets her just desserts! - ciara, dublin, 19/8/2013 16:35 Click to rate Report abuse She looks much older than 24 years of age. The heavy burden has aged her. - richbrownowl, london, 19/8/2013 16:33 Click to rate Report abuse The Mother should trade places with this man - not the child. She was 9 years old when her mother made her lie. - Gramma510, Chicago, 19/8/2013 16:33 Click to rate Report abuse Plead guilty and get 6 years, or not guilty and get 40. What sort of choice is that for someone who is innocent? - Athelstan, Coventry, United Kingdom, 19/8/2013 16:32 Click to rate Report abuse Free him and lock HER up for 40 years (even if threatened with death I would never do this to my DAD ) - Bill , Bacup, United Kingdom, 19/8/2013 15:23 Read the article - she was 9 and being threatened by a mother who was addicted to drugs and alcohol. Her mother is responsible for this mess!!! Rating 197 Rating 207 Rating 156 Rating 154 Rating 69 Rating 492 Rating 419

- jan, southend, 19/8/2013 16:31 Click to rate Report abuse Would someone at least read the article before commenting... it didn't take her "this long" to admit she lied, it took her six months... so everyone hoping for a speedy release, don't hold your breath. Also, the daughter shouldn't be going to jail, she was 9, if I could capitalize a number I would. - Phil M, San Antonio, United Kingdom, 19/8/2013 16:29 Click to rate Report abuse How can she live with herself for so long for sending her father to jail for her lies,even although her mother threattend her, why did it take her till now to own up, surely the though of he father in jail must have crossed her mind before now .Hopefully she gets whats coming to her for this sad injustice. - Ronald Bell, Glasgow, United Kingdom, 19/8/2013 16:22 Click to rate Report abuse this poor man, i cant imagine the horror of finding out your own daughter has lied about you in such a way and you are going to prison. she should be sent to prison herself for such a sick lie. ANYONE who lies about rape should be registered as a sex offender themselves and sent to prison immediately. - MrBratt2 , Brighton, United Kingdom, 19/8/2013 15:29...........SHE WAS NINE YEARS OLD! AND SHE WAS BEING BEATEN BY HER MOTHER. AS SOON AS SHE WAS AWAY FROM HER SHE TOLD THE TRUTH. BLAME THE AMERICAN LEGAL SYSTEM, NOT A CHILD. - chris, kent, 19/8/2013 16:20 Click to rate Report abuse She took her time coming forward with that bomb shell. Poor man - to be accused is one thing but by your own daughter! - Molkomad, Leeds, 19/8/2013 16:19 Click to rate Report abuse What took her so long to come clean. Shame on her and shame on her mother. - Miranda , West Country, United Kingdom, 19/8/2013 15:24---------------------Read the article. She told her grandmother SIX MONTHS afterwards that he had never raped her, AND the mother backed it up at the time but a judge threw it out, saying it seemed forced. This is tragic. - Chrysanthemum39, Lancashire, United Kingdom, 19/8/2013 16:15 Click to rate Report abuse The criminal justice system has also helped in keeping her father in jail. Why did they not take her story seriously??? I hope that the Attorney General begins an investigation, and helps this poor man to be released and pardoned. - B.Ware, Animal Farm, United Kingdom, 19/8/2013 16:14 Click to rate Report abuse Rating 37 Rating 70 Rating 1 Rating 119 Rating 28 Rating 107 Rating 132

She was nine. She told the truth six months later. Read the story! - alib, Surrey, 19/8/2013 16:12 Click to rate Report abuse how can he be convicted based on an accusation? this is what the UK is becoming like. Woman can just point a finger at whoever they dont like and accuse them of rape - cdst20, cardiff, United Kingdom, 19/8/2013 16:12 Click to rate Report abuse this man must be freed immeiately - cYnic, Melbourne, Australia, 19/8/2013 16:10 Click to rate Report abuse Let him out! - Illbjammin, Pasadena California, United States, 19/8/2013 16:07 Click to rate Report abuse Surely she could have started fighting for his release when she was 16 and out of her mother's control? - Spangles, Cambridge, 19/8/2013 16:07 Click to rate Report abuse this is why you don't have the death penalty - intelligent peasant, Atlantis, United Kingdom, 19/8/2013 16:05 Click to rate Report abuse Surely they'd need more evidence to put someone away. A young girl would fall to pieces under lawyers scrutiny. I think there is more to this story we're not getting. - Englishman in NC, Gastonia, United States, 19/8/2013 16:05 Click to rate Report abuse It took her 15 years to get the truth out, perhaps she should be locked up instead. - Max Nex, Lugano, Switzerland, 19/8/2013 16:04 Click to rate Report abuse Rating 4 Rating 17 Rating 48 Rating 5 Rating 32 Rating 35 Rating 24 Rating 63

Is she willing to finish up his sentence for him? Put your money where your mouth is and switch places with him. - candycrop, tampa, United States, 19/8/2013 16:02 Click to rate Report abuse The unfortunate part is that the victim is now actually being made victim by having to live her days feeling guilty for her father being locked away. - Brett Cullum, Mississauga, Canada, 19/8/2013 16:01 Click to rate Report abuse No "forensic evidence", but still convicted? Wow! - jrbsmk247, Columbia, United States, 19/8/2013 16:00 Click to rate Report abuse It's a sad world we live in. - DunkXL, West Yorkshire, United Kingdom, 19/8/2013 15:57 Click to rate Report abuse How sad that a daughter can do something like this to her father, what happened to respect it is a sad state of affairs when a parent raises a child for them to repay them like that. - Reporting1-, Bristol, United Kingdom, 19/8/2013 15:56 Click to rate Report abuse That poor man. I cant imagine sitting in jail for a crime I didnt commit .. especially for a crime as disgusting as that. In the 90's it was almost like a fad to claim child rape... (remember those poor daycare workers wrongly accused?!!) - Kristi, Indianapolis, 19/8/2013 15:49 Click to rate Report abuse Silly Stu - the death penalty never applied in instances like this! - Ashenkorren, Suffolk, 19/8/2013 15:42 Click to rate Report abuse Put her there in his place. Despicable person! - b19upj, London, United Kingdom, 19/8/2013 15:42 Click to rate Rating 1 Rating 3 Rating 13 Rating 4 Rating 19 Rating 51 Rating 22 Rating 3

Report abuse Drugs are bad.... - MC, Reality, 19/8/2013 15:41 Click to rate Report abuse NO EXCUSES FOR THE DAUGHTER ! Even if she was bullied into making a rape statement by her disgraceful mother, when she was a young child, she should have owned up to the lie as soon as she was old enough to realises the disgusting error of her ways !! - Joy, Chichester, 19/8/2013 15:41 Click to rate Report abuse poor man. set him free whats wrong with this? - shel.1, london, 19/8/2013 15:36 Click to rate Report abuse This is so messd up I dont know where to begin...poor man. - James1982, Basingstoke, United Kingdom, 19/8/2013 15:33 Click to rate Report abuse You see...poor guy. - Kimo, USA, United States, 19/8/2013 15:31 Click to rate Report abuse I think they should change places. - Gordon, kungsbacka, 19/8/2013 15:29 Click to rate Report abuse this poor man, i cant imagine the horror of finding out your own daughter has lied about you in such a way and you are going to prison. she should be sent to prison herself for such a sick lie. ANYONE who lies about rape should be registered as a sex offender themselves and sent to prison immediately. - MrBratt2, Brighton, United Kingdom, 19/8/2013 15:29 Click to rate Report abuse This is one of the reasons why capital punishment is a no-no. Just think if something similar had happened in a murder case. Rating 161 Rating 223 Rating 102 Rating 28 Rating 26 Rating 9 Rating 18

- Paul, Italy, 19/8/2013 15:29 Click to rate Report abuse Well done to the woman for finally coming out about this grave injustice that was done to her father. It must have taken a hell of a lot of courage to do that. I hope he is released immediately and her mother is jailed. How can you force a nine year old to say those things. - Beckyb, Bedfordshire, 19/8/2013 15:27 Click to rate Report abuse Your comments:She should get his 40 year prison sentence. - Cherry123, Orlando, United States, 19/8/2013 15:27 Click to rate Report abuse The sad thing is that when it comes to a kid making an accusation against a grown man, the kid is always right and the man is always a paedophile. I do not believe there are as many paedophiles out there as the media and pyschologists would have us believe there is - Joe Soap, Bedford, 19/8/2013 15:26 Click to rate Report abuse Wow.... poor, poor man. Hope the case is reviewed with urgency and he's released as soon as possible. - OricAL, Awake n fresh out of Bubblegum, United Kingdom, 19/8/2013 15:26 Click to rate Report abuse What took her so long to come clean. Shame on her and shame on her mother. - Miranda, West Country, United Kingdom, 19/8/2013 15:24 Click to rate Report abuse Free him and lock HER up for 40 years (even if threatened with death I would never do this to my DAD ) - Bill, Bacup, United Kingdom, 19/8/2013 15:23 Click to rate Report abuse Well he's got no chance. American Courts don't like admitting that they were wrong.. But they might let him out now if he promises not to sue for compensation. - Eleanor, France, France, 19/8/2013 15:21 Click to rate Rating 31 Rating 52 Rating 218 Rating 108 Rating 79 Rating 29 Rating 118 Rating 147

Report abuse Too, too awful - for everyone. - Catherine, Australia, Australia, 19/8/2013 15:20 Click to rate Report abuse Poor man.... He still loves his daughter despite wrong accusation - Difai, Muscat, 19/8/2013 15:20 Click to rate Report abuse Well only thing I would say to this is.. best of luck to them both.. maybe they can have a fresh start? who knows.. - Abdul, London, 19/8/2013 15:17 Click to rate Report abuse What a monster - Justsaying, london, United Kingdom, 19/8/2013 15:17 Click to rate Report abuse Hmmm! ........ I see a movie deal? - DMisMYcrack, Glasgow, United Kingdom, 19/8/2013 15:16 Click to rate Report abuse "Frank Phillips, the Orange County District Attorney and chief prosecutor when Daryl Kelly stood trial, has emphasised that Kelly was found guilty by a jury." Really? You don't say ! And that eliminates any miscarriage of justice, does it? Idiotic statement. If the man is innocent, this is dreadful. To be imprisoned and shunned by all decent human beings, for somethng you didn't do must be soul destroying. - Jane, St ives, 19/8/2013 15:12 Click to rate Report abuse I am always on the side of the child, but if true he needs to be released. This is a difficult situation since you have a conviction only on testimony of a child and mother, no evidence - yet in thousands of other cases it was just the testimony alone that was indeed true regarding the rape. Makes you wonder more about the court papers/details. - SoCalApril, los angeles, United States, 19/8/2013 15:09 Click to rate Report abuse Poor man, and, by the looks of her, poor daughter. She looks much older than 24 Rating 23 Rating 63 Rating 100 Rating 52 Rating 22 Rating 34 Rating 23

- shalott, palma, spain, 19/8/2013 15:07 Click to rate Report abuse When he is released I sense a big settlement! - James Towne, Toledo, United States, 19/8/2013 15:04 Click to rate Report abuse She needs to switch places with him then. Taking away 40 years of a mans life is a crime. If she was forced to do this as a child, then she certainly could have fixed it when she turned 18. - Lexi Lou, Xanadu, 19/8/2013 15:04 Click to rate Report abuse With family like his who needs enemies - johnny, Manchester, United Kingdom, 19/8/2013 15:03 Click to rate Report abuse So the child admits she was forced to lie, the mother admits she forced the child to lie, there was no physical evidence. Why is this man still in prison?? - KittyGalore, Manchester, 19/8/2013 15:03 Click to rate Report abuse that's the daughter in the pic?? thought it was the mother... looks a bit older than 24 to me. But such vile mother to do ruin an innocent person's life and utilizing her own children to do such harm to their own father. - watafok, space, United States, 19/8/2013 14:55 Click to rate Report abuse Don't do drugs. It destroys your life & all those around you. - GG, Beautiful South Carolina, 19/8/2013 14:54 Click to rate Report abuse This is a sickening story. It makes you wonder how many of the current headline-grabbing "child abuse" stories will turn out the same way. - Big George, Michigan, United States, 19/8/2013 14:52 Click to rate Report abuse Rating 801 Rating 537 Rating 455 Rating 1127 Rating 38 Rating 6 Rating 30 Rating 35

That poor guy, I am glad his daughter has come forth and hope he can recoup his life, bless him. - Eating cheesecake, in your fridge, Wallis And Futuna, 19/8/2013 14:50 Click to rate Report abuse This is why there should be no death penalty. Such sadness in the world. He needs a second chance at life. - stu, Truro, United Kingdom, 19/8/2013 14:49 Click to rate Report abuse Share this comment The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. Rating 740 Rating 1307

Like MailOnline

Follow @DailyMailUK

Published by Associated Newspapers Ltd Part of the Daily Mail, The Mail on Sunday & Metro Media Group Associated Newspapers Ltd

You might also like