By Associated Press - Friday, April 17, 2015

LANCASTER, N.H. (AP) - A New Hampshire woman who fled the state with her 8-year-old daughter a decade ago amid a custody dispute is facing a new charge of witness tampering.

Genevieve Kelley was already slated to go on trial next month in Coos County Superior Court on a felony charge of custodial interference. A grand jury indicted her Friday on that charge and the tampering count.

Kelley, 51, disappeared with her daughter, Mary Nunes, and went to Central America in 2004 during a dispute with her then-husband. After Nunes turned 18 last year, Kelley turned herself in to New Hampshire authorities.

Friday’s indictment says the tampering charge stems from Kelley and her second husband, Scott Kelley, making the girl unavailable for a court-ordered evaluation when they fled the country.

U.S. marshals took Scott Kelley into custody Wednesday as a fugitive from justice, when he arrived in Atlanta with Mary Nunes on a flight from Costa Rica.

Nunes, now 19, was permitted to travel to her next destinations after she declined an offer by the marshals to have other arrangements made for her. The marshals would not say where she was going.

New Hampshire court officials say Scott Kelley has yet to be arraigned in Atlanta on the outstanding custodial interference charge against him and is not expected to be transported to New Hampshire until next week at the earliest. He remains in custody in Georgia.

Genevieve Kelley has said she left to protect her daughter from abuse by her ex-husband and the father, Mark Nunes, who was investigated but was never charged. Nunes had custody at the time the Kelleys disappeared with Nunes.

Genevieve Kelley’s lawyer, Alan Rosenfeld, did not immediately return a call seeking comment on the new charge. Rosenfeld has said Nunes plans to testify on her mother’s behalf.

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