- The Washington Times - Friday, November 22, 2002

MANASSAS A sick jury member delayed sentencing yesterday for the man found guilty of involuntary manslaughter because he left his toddler inside the family van, where she overheated in the sun and died.
The female juror developed a blood clot in a lung and is being treated at a hospital, said Prince William County Circuit Judge Rossie Alston Jr.
The 12 jury members on Wednesday also found Kevin Kelly, father of 13, guilty of reckless endangerment but they could not agree that night on a sentence.
Sentencing deliberations are postponed until Dec. 4. Kelly, 46, faces a maximum 15 years in jail.
"I believe the legal term is 'an act of God,'" said Kelly's father, Dr. John Kelly, as he left the courthouse with family members. The 80-year-old physician has 12 children.
The family then left in four vans but not before Kevin Kelly's wife, Mary, checked on the passengers.
Mrs. Kelly was on vacation out of the country when her 21-month-old daughter, Frances, died May 29 in the van. The toddler was strapped into a seat from 12:30 p.m. to 7 p.m. Her body temperature was 105.7 degrees an hour after she was removed from the van. An autopsy determined she died of overheating, or hyperthermia.
Kelly, a civil engineer, accepted responsibility during the sentencing hearing but suggested throughout he had assigned some of his older children to take care of the toddler.
"That's the way it's done in large families," said a brother-in-law, who has 10 children.
Kelly's wife, father, two sisters, three daughters, two sons, employer and two friends testified during the sentencing that he was an excellent, caring and busy father who helped coach his children in cross-country running and soccer.
The Kelly family, who are members of All Saints Catholic Church, and a priest with them throughout the trial wore tiny white pins to symbolize their drug- and alcohol-free lifestyle.
Judge Alston ordered Kelly to turn in his passport and report to the probation office daily until sentencing resumes.
"He's certainly not a flight risk," said his attorney, Carroll A. Weimer Jr., a former Alexandria police officer.


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