Breaking: Download Mark Nunes Witness Statement on 10 Year Kidnapping of Mary Nunes

On June 17, 2015, Genevieve Kelley and Scott Kelley plead guilty for the horrific 10 year kidnapping of Mary Nunes. In these International Family Abduction Trials, the victim parent’s story is rarely told in the media because the prosecuting U.S. Attorney or District Attorney does not encourage any statements by the victim to the media.

In the last two decades, we have read a number of these witness statements at the criminal trial sentencing hearings. For those that followed the Genevieve & Scott Kelley Criminal prosecution, this witness statement finally provides the horrible details about the conduct of the defendants in this case.

Mark Nunes is a Pediatrician and Geneticist now living in California and has a loving family with children. After reading his testimony, you have to wonder how the defendants did not get a longer sentence for their 10 year crime.

We really hope that Mark’s daughter Mary Nunes will show some compassion for her father and read this document. Mary Nunes has a legal right to read this document. The court has ordered that Genevieve Kelley and Scott Kelley must not interfere with her right to read it. If that occurs, Mary should contact her attorney.

Download Mark Nunes Witness Statement

Download Sentencing of State of New Hampshire vs. Genevieve Kelley
Superior Court Case No. 215-2005-CR-0202

Judge Considering Reporting Alan Rosenfeld
to State Professional Conduct Committee
Read the Transcripts

A child vanishes: A mother is slapped on the wrist – An Outrage says the Union Leader

Here’s an Editorial from the New Hampshire Union Leader on the Genevieve and Scott Kelley Plea Deal.

The plea deal in the case of Genevieve and Scott Kelley is an outrage.

In 2004, Genevieve was in the midst of a custody dispute with Mark Nunes. Both wanted custody of their then-8-year-old daughter Mary Nunes. Before the legal process was completed, Genevieve, along with Scott Kelley, took Mary and fled, leaving an unsubstantiated accusation of sexual abuse against Mark Nunes, a claim law enforcement officials do not believe.

Instead of experiencing the joys of raising a child, Mark Nunes (who was granted legal custody in December of 2004) was made to endure a decade separated from his daughter. She was forcibly and illegally taken from him and hidden away until an adult, enduring who knows what emotional and psychological trauma of her own.

For this, Genevieve and Scott Kelley have been sentenced to a year in county jail as part of a deal in which they agreed to plead guilty to misdemeanor, rather than felony, interference with custody. Genevieve must serve at least 10 months, Scott at least five. They get credit for time served awaiting trial.

How is this even remotely just? – See more at: http://www.unionleader.com/article/20150619/OPINION01/150618931#sthash.mDAU8ciD.dpuf

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

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

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.

Breaking: Judge Denies Affirmative Defense in Genevieve Kelley Trial!

Her Affirmative Defense is DENIED

Judge Peter H. Bornstein ruled today that in the case of the State of new Hampshire v. Genevieve Kelley, the defendant cannot use the Affirmative defense. The court concluded that this defense in unavailable to the Defendant.

Jury selection for the trial will begin on May 7, 2015.

Editor’s Note: The judge has not yet ruled on Genevieve Kelley’s use of the competing harms defense. Does Genevieve really expect us to believe that she was protecting her child from “real and imminent physical danger” for the last ten years? That as a medical doctor, when the court sought a full evaluation of her child outside her presence — she didn’t have any other reasonable legal alternatives?

She pathetically did this out of anger and revenge toward her former spouse. She did so because she wanted to write her former spouse out of her daughter’s life. She is a narcissist that believes another set of rules applies to herself than the rest of society. She might even have some form of untreated mental illness such as munchausen syndrome by proxy — an illness suffered by other underground moms that inflict harm on their own child.

Will Genevieve Kelley’s Affirmative Defense Be Denied?

Parental Kidnapper Genevieve Kelly

We’ve seen it before in other Family Abduction Cases, the parental kidnapper’s motion to use the “affirmative”, “competing harms” or “necessity” defense is denied. In the case of the State of New Hampshire vs. Genevieve Kelley, the court should rule this week on this critical motion. In cases like this, the critical issue is what actions did Genevieve Kelley need to take after kidnapping Mary Nunes. During her 10 years on the lam, did she need to: 1) Open a case in the New Hampshire Family Court that had jurisdiction over the pending custody issues; 2) Notify the District Attorney’s to work herself back into the New Hampshire legal system; 3) Open a case in another New Hampshire Court.

Apparently as New Hampshire Prosector John G. McCormick has put forth the State’s position that the New Hampshire law is clear:

“Evidence of good faith shall include but shall not be limited to the filing of a nonfrivolous petition documenting such danger and seeking to modify the custody degree in a court of competent jurisdiction within this state.” RSA 633:4, III

This specific law was no doubt put into place to prevent custodial-embattled parents from venue or forum-shopping. If parent’s didn’t like a custody ruling in their state, they couldn’t open a case in another state, county or country. Once the custody case was opened in New Hampshire, it stays in New Hampshire until so ordered.

So under this argument, the Affirmative Defense should NOT apply. It doesn’t appear that Genevieve Kelley showed any “good faith” effort and exhausted her legal alternatives before leaving the state. As John G. McCormick astutely point out: “The statutory scheme stated in RSA 633:4 is clear. It is intended to redress the wrong inherent situations where one parent takes a child from the other parent where the deprived parent has lawful physical custody or physical custody rights with the intent to detain or conceal the child from the deprived parent.”

Editors Note: We sincerely hope that the judge in this case won’t let defense attorney Alan Rosenfeld make make a mockery of New Hampshire’s Family Law and Child Protective Services Systems. A custodial-embattled has a number of legal alternatives before committing one of the most horrific crimes against a minor. New Hampshire’s court system should not be a forum for this type of public protest. If Genevieve Kelley had concerns back in 2004, why didn’t she simply contact Alan Rosenfeld? That’s when Colorado Protective Parent Attorney Alan Rosenfeld should have flown to New Hampshire and litigated this case. Instead Genevieve and Scott Kelley flew to Denver, Colorado and brought Mary Nunes to even more doctors to be evaluated (there was already an evaluation in Maine ordered by the New Hampshire Court). She’s just minutes from Protective Parent Attorney Rosenfeld’s Office, yet she doesn’t appear to have hired or spoken to him (at least not yet). Instead, she goes on the lam. And 10 years later, she turns herself in and keeps Mary Nunes in hiding.

This situation is disgraceful. We hope the New Hampshire Judge does not allow this Affirmative Defense.

Genevieve Kelley is the Abuser!

One of the most horrific forms of Domestic Violence against a minor child is a parental kidnapping. On October 22, 2004, Genevieve Kelley kidnapped her 8 year old child. At the time, her child was probably in third grade. How can one possibly imagine telling this child that they will never seen her father again? When the chid cried to see her father, how did Genevieve Kelley respond? Did she send the child to her room for a timeout? The cruelty, emotional abuse, parental alienation that Genevieve Kelley inflicted on her own daughter is disgusting.

Parental Kidnapper Genevieve Kelly

Yet Genevieve Kelley is claiming “she thought” her child was abused. Despite professionals telling Genevieve Kelley she was wrong, Genevieve did not trust or respect the findings of the New Hampshire or any other court system in America. If you read through the facts of this case and see the evidence, Genevieve Kelley simply left town before the final results of the investigation. This is usually a pattern of behavior with narcissistic parental kidnappers. She wasn’t going to let any Judge, Jury or Child Custody professional tell her how to raise her child.

On Facebook, you see a small group of supporters that are trying to represent that there is a large group of individuals that support Genevieve Kelley. There is also a very small number of members of the media that appear to be writing stories favorable to the defendant. These individuals should be ashamed of themselves. After what Genevieve Kelley did to eight year old child, how can anyone with any compassion toward a young child support Genevieve Kellly’s decision to kidnap her child

Genevieve Kelley is the Abuser in this situation. If she really cared about her child, she would have used the New Hampshire Child Protection and Court System to ensure the safety of her child. Instead, as “the abuser” she did what she wanted. It’s time for Genevieve Kelley do the right thing in this case. Give law enforcement the location of Mary Nunes. Let Mary reunify with her father. Ensure Mary receives the therapy she deserves. And plead guilty saving the New Hampshire taxpayers the costs of a trial.

Is Mary Nunes Now a Kidnapping Victim of a Stranger Abduction?

Editors Note: Now that Mary Nunes is 18 years of age, her alleged kidnappers Genevieve Kelley and Scott Kelley can be charged under the International Parental Kidnapping Law. But what about a Stranger Abduction or Kidnapping under 18 USC § 1201 – Kidnapping? There is no maximum permissible punishment for a person charged with this crime.

I would really like to see our nation’s legal system find a way get the pathetic parental kidnapper Genevieve Kelley to disclose the location of Mary Nunes. It disgusts me that she can even find an attorney to represent her. Her actions against the child’s father and his family are so cruel. We can’t have family court cases decided by a parent that completely ignores a judicial court custody order. We can’t have a parent kidnapping an adult child after he or she turns 18.

Is Scott Kelley Dead or Alive?

Scott Kelley – Is he dead or alive?

As Parental Kidnapper Genevieve Kelley begs for bail money from the general public, a really horrible scenario has surfaced. Where is Genevieve Kelley’s second husband Scott Kelley? Is he dead or alive? We’ve seen before in several other Underground cases in which the Underground mom disposes of or divorces the spouse that aided and abetted in the kidnapping. Is this case, Genevieve surfaces with a young son. But what about that son’s relationship with his father? Is Genevieve now also writing the father of her second child out of the child’s life? Why wouldn’t Genevieve just leave her son with the father?

In cases like this, why wouldn’t Scott Kelley call the District Attorney and agree to testify against Genevieve Kelley. He would most likely not be charged. He would get custody of his young son.

Meanwhile, Genevieve Kelley appears to have the funds to hire both an in-state and out-of-state attorney for her legal defense.

And why haven’t the police interviewed Genevieve Kelley’s son as to the location of his father and Mary Nunes? He’s certainly old enough to provide information.

This case gets more disturbing as the facts start to surface. We really hope that Genevieve Kelley will tell the truth and come clean as to the location of both Scott Kelley and Mary Nunes. A trial is not needed for that.

Breaking: Parental Kidnapper Dr. Genevieve Kelley Finally Arrested

Parental Kidnapper Genevieve Kelly

In 2004, Genevieve Kelley (aka: Dr. Genevieve San Martin M.D.) kidnapped her 8 year old daughter during a Family Law Custody Case. The case appeared on CNN’s “The Hunt” in August 2014. In a case that sounds like the sequel to the Dr. Elizabeth Morgan and Dr. Eric A. Foretich case of 1982. Just like in Elizabeth Morgan case, Dr. Genevieve Kelley was alleged to have attempted to fabricate evidence in the custody case. Dr. Kelley interviewed or allegedly coached her child into making fabricated allegations against the child’s father in a video which eventually led to her losing custody. It’s not surprising to find that Genevieve Kelley’s attorney is no other than traveling Underground Attorney Alan Rosenfeld and former member of the Elizabeth Morgan legal team of Colorado. In a further spin to the case, it appears that Dr. Kelley moved from Whitehead, New Hampshire to Colorado before she went into hiding.

Wanted: Parental Kidnapper – Scott Kelley

It is believed that Dr. Genevieve Kelley fled to Central America with her new husband Scott Kelley in 2004. After her arrest, like the Elizabeth Morgan Case, she is refusing to divulge the location of her now 18 year old daughter Mary Nunes.

Mary Nunes, now 18 Years is Still Kidnapped