Did the People Magazine Defense Work?

June 18, 2015

Prior to Genevieve Kelley Case, I had a perception that People Magazine owned by Time, Inc. was generally a trusted news source. That was until I started to read the stories by People Magazine Reporter Elaine Aradillas  as well as People’s coverage of Kelly Rutherford’s Case. With today’s online media, certainly journalism has changed. But at the very least I thought there would be some independent reporting and some fact checking.

I recently read that Nathalie De Clercq has filed a $4 million dollar lawsuit against People/Time, Inc. for a story printed in People magazine that featured a photograph of her and implied that she had an adulterous relationship with Sergey Brin, co-founder of Google, resulting in the end of his marriage. The lawsuit has been cleared for trial and will most likely be settled out of court. People actually published a story with a photo of the wrong person.

So back to the Kelley Case. When Genevieve and Scott Kelley wanted to return to the United States after their 10 year kidnapping, they hired protective parent attorney Alan D. Rosenfeld. It sounds like People Mag reporter, Elaine Aradillas was brought in about the same time. So as part of the defense strategy, the Kelleys and Rosenfeld would use what I would call the “People Magazine Defense“. They would try the case in the media in a small town courthouse in New Hampshire. If People Magazine sided with the kidnapper as unfortunately a spoon-fed reporter like Aradillas did, the District Attorney’s Office and Judge in this small town would eventually get tired of this case and want it to be settled.

There was a huge amount of support and resources to find and arrest the Kelleys from the U.S. Marshall’s Office, John Walsh’s CNN Show the Hunt, the local Sheriff’s Office and others. These organizations took the crime of parental kidnapping seriously and certainly did what they had to do to get the case before the Court House in New Hampshire. Meanwhile, I am certain with the protective parent groups and their resources put a tremendous amount of pressure on the local district attorney and the judge to reduce the charges in this case that could have sent the Kelleys to prison for up to 10 years including felony charges.

Would the local district attorney and judge treat this case differently if the kidnapped child was the child of the Governor of New Hampshire, a District Attorney in their Office instead of a doctor from California. The child was “kidnapped” for ten years. Most likely they might have felt that the local jury pool was tainted by those small town jurors that might believe that if People Magazine supports the mother, than the defendant should not be guilty.

If you want some evidence on how bias Elaine Aradillas was in her story, you should read both of the stories below. It’s as if she printed exactly what Alan Rosenfeld told her to. She did everything to disparage the father and his reputation:

Runaway Kelley Couple Plead Guilty – The Orleans Record by Staff Writer Robert Blechl
Staff Writer

Kidnapper Mom Pleads Guilty – People Magazine by Elaine Aradillas

Unfortunately, the protective parent cause wants to recruit custodial-embattled mothers to commit this crime. And I am certain that the next protective mom could simply call up one the Free the Kelley Supporters, grab a plane ticket to Costa Rica with her child or children and be gone for the next several years. It could even be one of the Free The Kelley Supporters Child or Grandchild that was found in Costa Rica or Honduras having kidnapped their child.  And under a worst case scenario protective parent attorney Alan Rosenfeld will once again walk into Judge Peter Bornstein’s court room with the “People Magazine Defense“. 

So did the People Magazine Defense work? In the next year as Genevieve and Scott Jail sit in their jail cells with the some of the Jerry Springer-like folk, I would like to think that it didn’t. And as Scott Kelley goes to apply for a teaching job at a private school in New Hampshire and his application is denied because of his criminal record and those that don’t want a convicted child kidnapper working at their school, I would say it didn’t. When Genevieve Kelley petitions New Hampshire to practice medicine again and they deny her license because of her criminal conviction, then again the defense did not work. And when the adult-child in this case wakes up one morning and realizes what Scott and Genevieve did to her and reunifies with her biological father, then I would say that it didn’t work.


Judge Considering Reporting Alan Rosenfeld to State Professional Conduct Committee

June 18, 2015
Alan Rosenfeld, Underground Attorney

Alan Rosenfeld, Protective Parent Attorney

Attorney accused of engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
In the final plea hearing of the State of New Hampshire vs. Genevieve Kelley and Scott Kelley, Judge Peter Bornstein finally admonished protective parent Alan Rosenfeld: “He was considering referring him tot he state’s professional conduct committee.” This occurred after Genevieve Kelley told her controversial attorney: “You’re no longer my attorney, right now.

The out-of-state attorney practicing pro-hac vici from Colorado, Alan D. Rosenfeld has had an admitted history of civil disobedience as well as being being disciplined by several State Legal Boards.

Here is what Judge Bornstein said about Attorney Alan D. Rosenfeld.

Bornstein said there are issues of “honesty and trustworthiness” regarding Rosenfeld and said Rosenfeld might have violated Rule 3.3 of the professional rules that states a lawyer shall not knowingly make a false statement of fact or law to a court or fail to correct a false statement.

The judge said Rosenfeld might also have violated Rule 8.4, which states it is professional misconduct for a lawyer to “engage in conduct involving dishonesty, fraud, deceit or misrepresentation.

Read the Full Court Transcripts of June 17, 2015 Genevieve Kelley Sentencing Hearing

Source:

Orleans County Record – Runaway Kelley Couple Pleads Guilty by Robert Biechi


Breaking: Kidnappers Genevieve and Scott Kelley are Guilty

June 17, 2015
Genevieve Kelley Parental Kidnapper

Genevieve Kelley

Scott David Kelley

Scott David Kelley

So in the end, Genevieve and Scott Kelley more or less admitted in court today by their guilty plea that they made up the allegations against the 8 year old child’s biological father. The Kelleys had not only kidnapping the girl, witness tampering but not properly taking care of the child. If they had any reasonable justification for committing their, they would have never pleaded guilty. The Kelleys  kidnapped a child for ten years and have now plead guilty for their horrific crimes against an innocent child. They deprived the child’s biological father, his family and numerous step siblings of a relationship with the child. In addition, as part of the plea agreement Genevieve Kelley agreed to not interfere or impede with the child having contact with her paternal family. Genevieve Kelley was guilty of two counts of Interference with Custody and sentenced to 2 years in jail (14 months is suspended upon good behavior for 5 years). She will be incarcerated beginning September 7, 2015.

For Scott Kelley, he was sentenced to 12 months in jail (7 months suspended). He will be incarcerated starting June 22, 2015. Scott Kelley was ordered to make restitution of $2,288.98. He too agreed to not to interfere or impede from the child having contact with her paternal family.

It’s not surprising to hear that the narcissist Genevieve Kelley plead guilty, because she was guilty. She did a horrible thing by kidnapping her child from her biological father and as a doctor should have known better. Scott Kelley also knew what he was doing but it sounds like he too wanted the vacation to Central America with the biological child’s father as a form of revenge for the ongoing custody dispute. Genevieve Kelley should have taken her child to Maine to the Spurwink Clinic and complied with the court order. She should not have tarnished the reputation of this Clinic and gone ten years on the lam from her strenuous small town practice of medicine to the gorgeous beaches of Central America. She should never practice medicine again in this or any other country and should certainly as a kidnapper both of them should never be around children.

It is apparent that the media, especially the controversial People Magazine Reporter Elaine Aradillas got played in this case. She took the spood-fed information from protective parent attorney Alan Rosenfeld thinking the Kelleys had legal justification for their crime. Instead, it was all a publicity event and a protest against New Hampshire Family Law Court System.

Genevieve Kelley has also been ordered to undergo psychological evaluation. I wonder if that evaluation would diagnose her with munchausen’s syndrome by proxy, that is frequently associated with those that kidnap their child. Or will the evaluation determine that she will not and never will adhere to the terms of her probation and sentencing.

I would really like to see the adult child in this case contact her biological father and step mother to begin the reunification process with her father. If Genevieve and Scott Kelley didn’t admit they made up the allegations and implanted those alleged disclosures in a child with special needs, then they would have never agreed to the plea.

It is also time for the Coos County Citizens, the Kelley Family, the Friends of Genevieve Kelley to be responsible for ensuring that the adult-child is reunified with her biological father and his family. What the Kelleys did to this child is horrible and inexcusable. What they did to the child’s biological father is horrific by attacking his good reputation. These individuals must show some compassion and be held accountable for their support of the Kelleys.

I would also like to see some of the members of the media take responsibility for their part in reporting on a story like this. It was irresponsible journalism for Elaine Aradillas to interview this special needs adult-child and Aradillas should be fired by People Magazine. Even in Elaine Aradillas recent interview spoon-fed story, she omits the part of the plea agreement that the Kelleys not impede with the biological father’s relationship with the adult-child. Did she even read the plea agreement on the State of New Hampshire Court Site or just print what Alan Rosenfeld told her?

Genevieve Kelley, Scott Kelley and Alan Rosenfeld, clearly manipulated the media and eventually plead guilty to this crime. In my opinion, they wasted the court’s time and resources. This was more of a public protest and publicity event than a legal defense.

Finally, I’m not convinced anyone in Hollywood or a Book Publisher would ever be interested in a story like this where the defendants plead guilty. It’s really the case of two parents kidnapping a child and abusing a special needs child. NO child deserves to be kidnapped for ten years. And any parent that does this to a special needs child is no protective parent. Scott and Genevieve Kelley really deserved a day in a Federal Prison for every day they kidnapped this child.


Will the Judge in the Kelley Case Sanction Alan Rosenfeld?

June 11, 2015
Alan Rosenfeld, Underground Attorney

Alan Rosenfeld, Protective Parent Attorney

We have followed controversial protective parent attorney Alan D. Rosenfeld over the years. For whatever reason, in Rosenfeld’s cases, he is almost always asking for sanctions against his opposing attorneys. It seems to be a pattern of behavior of his. In other words, accuse the attorney because based on his legal conduct, he’s surely to eventually get accused.

In the Genevieve and Scott Kelley Kidnapping and Witness Tampering Case, Rosenfeld has accused the prosecution of withholding evidence that Genevieve Kelley’s former spouse is “maliciously manipulating the prosecution to continue his angry vendetta against his former wife”. Huh, the defendant and her new husband kidnap a respected doctor’s and kidnap his child for ten years and Rosenfeld calls the prosecution malicious? And how many searching parents do we know that had their child kidnapped, many for much less than ten years would not be doing everything in their means to assist their local district attorney in their prosecution of their former spouse that maliciously and cruelly kidnapped their child.

In these protective parent cases, the defendants rarely surrender without media coverage lined up. It’s apparent that Elaine Aradillas from People Magazine was given an exclusive by the defendant and Rosenfeld. And even local New Hampshire Reporter of the Union Leader has been a victim to the spoon-fed press releases and email from Rosenfeld and the Kelley Supporters.

We are hoping that Judge Peter Bornstein starts to take control of this case and puts a gag order on all parties. Rosenfeld likes to try these protective parent cases in smaller county court houses in America. We are hoping that potential jurors will not be influenced by the one-sided reporting of People Magazine and other members of the media. We are confident that in 2015, a jury from New Hampshire will be able to ensure that the defendants are held accountable for the ten year kidnapping and the felony witness tampering charges. This verdict is not only important to protecting our family court system and child protection system but  but also to deter others from kidnapping their children.

Union Leader


Is the Protective Parent Trial a Legal Defense or a Protest?

June 5, 2015

In anticipation of the Genevieve Kelley and Scott Kelley criminal trial for Felony Interference with Custody and Felony Witness Tampering and having followed other criminal protective parent trials, I often wonder if this trial is more of a protest than a legal trial.

For months, Defense Attorney Alan Rosenfeld has been trying to take a video deposition of the adult-child involved in this case. In previous cases, Rosenfeld has used a video deposition to pretty much get the alleged victim child to say just about anything by asking leading questions. In a number of those cases, I have been told that these alleged victims later recanted their testimony and terminated their relationship with their parental kidnapper.

Genevieve Kelley Parental Kidnapper

Genevieve Kelley

Scott David Kelley

Scott David Kelley

Despite the judge in this case disallowing the video deposition, the issue continues to come up in motions like some form of political protest.

Many of us also question the mental capacity of this adult child that has some sort of special need. So far, there is not one independent professional that has evaluated this adult child. Yet the Defense Attorney was able to get her to read an inflammatory letter that she most likely didn’t write in a video. The video was produced by controversial journalist Elaine Aradillas of People Magazine. It wouldn’t surprise us to see Rosenfeld try and enter the video as evidence during the trial.

The State Prosecutor has attempted to deposition this child but to our knowledge, the adult-child has so far not be produced for deposition. In the Family Abduction Community, we would say that the child is still kidnapped from her custodial father. The Kelleys had 10 years to brainwash this child, but since she isn’t being produced for deposition, we would conclude that she sadly doesn’t have the mental capacity. The adult child has apparently been kept from the child’s biological family by Genevieve and Scott Kelley but not from an interview from People Magazine. We hope that we are not the only ones that feel that something doesn’t feel right about that.

At a recent New Jersey Conference of protective parents, Defense Attorney Alan Rosenfeld admits to being arrested numerous times in acts of civil disobedience. He appears to encourage other protective parents and their supporters to also do so. Over ten years ago, Genevieve and Scott Kelley could have taken the then 7 year old child to a Clinic in Maine to have professionals evaluate the child. Instead, they engaged in several acts of civil disobedience: they tampered with the evidence in this case; hid the child from her custodial father and authorities; disregarded an order by the New Hampshire Court and are most importantly are continuing to hide the child today. As was the case 10 years ago, the Kelleys are not and were never interested in the best interests of the child, they are selfishly interested in only themselves.

We have followed these protective parent cases for well over 20 years now. It is genuinely very frustrating to see in 2015 that these protective parent cases are still appear to be a protest of our Nation’s Family Court System. Genevieve and Scott Kelley did not believe in our court system 10 years ago, why would you expect them to believe in it today. They will and as will this attorney do everything possible to disrupt the truth and the legal adjudication of this case.

It is important that the State of New Hampshire ensure that they get a guilty verdict in this case and do everything possible to deter others from committing this horrible and heinous crime against children.


Genevieve Kelley’s Attorneys Lose Several Motions

March 3, 2015

Genevieve Kelley Parental Kidnapper

On February 25, 2015, the New Hampshire Coos County Court ruled on several critical motions:

  • Competing Harms Defense — Genevieve Kelley is not allowed to use this defense.
  • Superior Court Orders dated December 1, 2004 and December 16, 2004 — These orders giving her the child’s biological father sole custody of his daughter were admitted as evidence. Her defense team had tried to get these orders not allowed as evidence.
  • Order to View her United States Passport — This order was granted that allows the prosecution the right to view Genevieve Kelley’s passport. This should include the stamps of every country that Genevieve visited with her U.S. Passport from 2004. If Mary Nunes does not surface during the trial, this will be history of the countries that young Mary Nunes stayed during the kidnapping.

On March 2, 2015:

  • The court ruled that the biological father of the child cannot be deposed prior to trial. This was no doubt a tactic to by the defense to disparage the child’s father prior to trial. Genevieve Kelley had so many legal options and alternative before she fled the country, it’s really sad to see her defense team once again trying to blame the victim father for her crime. If she really believed the father not a good parent, she should have stayed in the State of Hampshire and used the Family Court and Child Protective Services.

With Genevieve Kelley out on bail, we really hope that as her legal defenses and alternatives are reduced, that she would find the courage:

  • To reunite Mary with her biological father
  • To apologize to the biological father
  • To plead guilty

By doing so, she would not allow save the taxpayers hundreds of thousands of dollars, but she would make this situation for her daughter right.


Are Genevieve Kelley and Susan Smith are alike?

February 23, 2015

The criminal trial of Genevieve Kelley isn’t going to begin until May 2015 in New Hampshire and Geneveive is yet to disclose the location of her now 19 year old daughter Mary Nunes. We are now starting to see some similarities between Genevieve Kelley and the infamous Susan Smith.

  • Smith was characterized as:  “She is truly a narcissist, and she thrives on the media’s attention.” “She is vain, manipulative”. That description sure sounds like Genevieve Kelley.
  • In 1994, Smith did not initially tell authorities where her children were. As of today, Genevieve Kelley and her lawyer Alan Rosenfeld refuses to disclose the location of Mary Nunes. There is no reason for anyone to believe that the child will surface at the trial. Genevieve Kelley and her attorney have offered no proof that the child is currently safe.
  • In 1994, Smith falsely blamed a third party for kidnapping her children. All evidence indicates Genevieve Kelley is falsely blaming her former spouse..

Susan Smith was sentenced to life in prison. We certainly hope that if Genevieve Kelley or her attorney never disclose the location of Mary Nunes, that our criminal justice system will provide similar punishment to Genevieve. As each day passes and Mary Nunes doesn’t surface, we are finding her crime even more horrible and repulsive.

Genevieve Kelley Parental Kidnapper

Genevieve Kelley – She refuses to tell authorities where her child is.

Susan Smith

Susan Smith – She refused to tell authorities where her children were.

References
DailyMail.com