- August 4, 2006
Find A Grave Memorial
the ages of
seven and nine, Danieal Kelly had been enrolled in school at Madison
Lane in Arizona. Her teacher said she was a happy child, she loved to
eat and play and she loved Shania Twain. Danieal LOVED to sing "Man, I
Feel Like A Woman". These happy times for Danieal happened between the
fall of 1999 and the Spring of 2001.
so embarrassed by having a child with Cerebral Palsy that she never
her 14 year old daughter, Danieal out in public, never allowed
to attend school and ended up putting her in a room and allowing her to
starve to death. Even when family tried tried to help, they were banned
from the house where Danieal would
on a mattress on the floor, alone, in a dark room with no air, sores
maggots on her body and no one to give her the love and care she
Danieal's last word is reported to have been "water".
again, it wasn't
that NO ONE cared, it was that the people who were SUPPOSED
to care the most, didn't. Danieal was Andrea's third child, out of the
nine that she had. Andrea failed to give Danieal even the basic care
any mother would give her child. Danieal was left in dirty diapers, she
wasn't fed, given water or given any love, by her mother. Andrea never
allowed her daughter out of the house, not even to go to the doctor.
never even wanted to hug her own daughter, she didn't want to touch her
the days before
she died, one of Danieal's brothers begged Andrea several times to call
911 and get help for his sister. Andrea ignored her son and on August
2006, paramedics were called to their home when it was already too late
for Danieal. Weighing only 42 pounds at the age of 14, Danieal's body
curled up and she had been laying there for so long that there was an
the shape of her body on the mattress. It was obvious that she had been
dead for several hours before they were called. When Police opened the
bedroom door, the smell of decay overpowered them. Danieal had bed
all over her back and maggots covered them.
her skeletal remains, in a dark, stifling, stinking room, an airless
was covered in sores. Think of the excruciating pain and
this child must have endured.
cruel, even torture. The attitude of this agency has been, "We're
fix it ourselves". Well, they haven't and they are incapable of fixing
time after time and death after death, has proved"
children were taken away from her and placed in foster care. When she
birth to another child, that fall after the death of Danieal, that
was taken away as well.
indicted for charges that included, murder, reckless endangerment,
involuntary manslaughter, endangering the welfare of children, forgery,
tampering with public records and conspiracy. Included in the
were Danieal's parents, DHS workers, staff at the outsourced agency who
had been hired to check on Danieal and three of Andrea's friends. The
caused seven other employees of DHS have been suspended or fired and
head of the Health Department resigned.
August of 2008,
Eric Zajac and Brian Mildenberg, two attorneys hired by Andrea, filed a
lawsuit against the City, DHS, Commonwealth and several of the
who were assigned to the case. The claim was that they had all failed
protect Danieal and prevent her death. The lawsuit claims that due to
failure of these people, Danieal's family is now deprived of her love,
companionship, support, comfort and economic value of her life
The suit was filed for an amount that was not specified, however, it
include the family being reimbursed for medical bills, burial expenses
and lawyer fees. Where was all of this family love while Danieal was in
her room, all alone, covered in sores and maggots, dying a slow,
kind of a lawyer
would even THINK about filing this kind of a law suit?
these lawyers are saying that it's okay to abuse a child to death as
as the state is supposed to be watching out for them, because you file
a lawsuit when you kill your child and it's okay to blame it on someone
else. The Mayor and the District Attorney were shocked that these
had the nerve to sue the city and they were even more shocked to learn
that they found an attorney who was willing to take their case:
heard of anything so crazy in my life"
lessens the reputations of attorneys in general and doesn't do anything
my judgment, they look terrible as attorneys and professionals"
of the lawyers
could be reached for comment or they refused to make any comments about
their ridiculous lawsuit. Eric Zajac referred to a written statement
he had said that he filed legal petitions to have a trustee represent
estate should Danieal's parents be convicted and the money would go to
her siblings. The D.A. said that these lawyers were only hoping to get
a lot of money for themselves.
children are going to be well taken care of for the state and these
them, they're suing for themselves"
had this to say:
outrageous, it is outrageous. We are suing on behalf of Danieal Kelly.
Her estate is
parents are not suing. There are legal beneficiaries to the estate
be determined by Pennsylvania law by a judge in the orphan's court.
in determining who the legal beneficiaries are and I'd like
comment because Lynne Abraham and Mayor Nutter stated that the
children would be taken care of by the state. Well, I hope they're
than the state took care of Danieal Kelly."
that the city would seek to be repaid for whatever money it has to
in defense of this lawsuit.
November of 2008,
Andrea went on trial, testifying against her were some of her children.
Danieal's brother Daniel testified to the following:
to get smaller. Her body was, well, she didn't have as much meat
she used to"
August 12, 2008,
Danieal's parents made the decision to not be a part of the lawsuit.
were removed as administrators and a trustee was appointed.
at the preliminary hearing, that his older brother had visited in the
summer and that he, Troy Kelly, did not live there. Troy had seen what
condition Danieal was in and he then had a talk with his mother. At
point he left and then returned and spoke to Daniel:
and gave me money and said, Make sure she, Danieal, eats"
shown in court and they revealed that the bones in the pelvic area
be seen. The Medical Examiner, Edwin Lieberman said that this would
taken weeks or even months to happen. Andrea covered her face, gasped
sobbed as the pictures were shown in court. Andrea's two sons, Daniel
Tony looked at their mother who kept her face covered except to sneak
at her sons.
judge in the
case, Municipal Court Judge Patrick F. Dugan, said that he had fought
Iraq and Afghanistan and seen some terrible things. He said that none
it was as devastating as the images of the body of Danieal after her
in Philadelphia, she died looking like she had been in Auschwitz - yes,
camp. No one stepped up for Danieal Kelly, and she appeared
lasted for three days and along with two of her children, Andrea's
testified against her.
that Andrea Kelly, 39 years old, was to be held over for trial on
and other charges relating to the death of Danieal. He also ordered
a co-defendant, Julius Murray, 51 years old, be held on a charge of
manslaughter. Julius was one of the employees who worked for a private
social service firm which had been hired the the Department Of Human
The contract stated that Julius would be required to visit Danieal and
her siblings at the very least, once a week.
that the visits Julius made were so infrequent that the other children
in the home didn't even know who he was. Richard Quinton Hark and
Spade, the lawyers for Andrea and Julius argued that the children were
not recalling the incidents properly.
them, Quinton Hark was able to get Daniel to admit that he was truant
school and that though he had made about $300. a day selling
he didn't help his mother with the food bill and he couldn't remember
much money his mother had spent on food every month. An objection was
It doesn't matter if she spent $5,000 a week on food if she didn't give
any to Danieal"
Andrea's mother, was questioned and Quinton tried to say that Andrea
a woman who was not prepared to be a mother of even one child, much
eight children and one more on the way. Naomi said that Andrea had
disabilities and had left school in the 10th grade. She admitted that
seemed not to be able to handle the care of nine children, with one of
them being a special needs child in capable of caring for herself at
Naomi if she believed Andrea lacked enough trained to care for a child
with Cerebral Palsy she said:
know how to bathe, feed and take care of them. It's not something
to tell you."
an argument by Richard Hark that there wasn't enough evidence presented
by prosecutors to support the charge of first degree murder against
Richard said that there was no proof that Andrea had starved Danieal to
death, on purpose. However, he did admit that she failed to give her
care she required.
Attorney Edward McCann stated that Danieal had died a slow and painful
death and that her death was the very definition of malice, even more
because Andrea had watched as her daughter had wasted away for weeks,
the while, ignoring family members who begged her to get medical
for Danieal. The Judge
to be tried on a murder charge, that would leave first degree murder as
on option for jurors. If Kelly was found guilty, she could face life in
prison without parole or she could face the death penalty.
case of Danieal
Kelly, once again, aired the problems at the DHS and unprecedented
charges were filed against city employees and private Social workers.
Julius and seven other people were also charged, including two former
attorney for Julius Murray, said that prosecutors had not given enough
proof that his client had not visited Danieal and her siblings, as he
being paid to do. He argued that though two of Kelly's children had
they had not seen Julius in their home, they had also testified to
ever being there.
out that either Julius had made the home visits which he was required
do and ignored Danieal's condition, or he didn't go at all and totally
ignored his legal duty to her. Whichever it was, Edward said that
had shown a reckless and grossly negligent regard for the life of
that the people who were supposed to nurture, nourish and protect
failed her on every level.
upset saying that the judge had predetermined his decision about the
Quinton was cut short during one of his cross examinations, he stated
he wasn't done with his questions. Judge Dugan had stopped him from
questions over and over, just worded differently:
done, take a seat"
seat and opened a newspaper, pretending to read as the prosecutions
witness took the stand. The judge ordered Richard into his chambers and
there was a loud argument which brought two more Sheriff's Officers
the court room. When they returned, Richard didn't ask any questions of
the final witness. An arraignment
was set for December 1 for Andrea and Julius.
father of Danieal, said that Andrea and social services were to blame
his daughters death:
of finger-pointing between her and them"
with him in Arizona when she attended the school she was so happy at.
returned to live with her mother and that is when things went wrong.
said that Andrea was raising the children in substandard conditions and
that she had neglected Danieal. He also said that social workers should
have recognized that Danieal was in trouble:
over a long period of time. Obviously, somebody didn't care"
the age of 30 years old, Andrea Kelly plead guilty to the third degree
murder charges, her Lawyer, Richard Quinton Hark, announced that she
was going to "accept responsibility" for what she had done and that she
would "agree" to serve 20 to 40 years in prison for her crime. How nice
of her to accept responsibility for killing a child when it WAS indeed SHE who was responsible and since WHEN does a murderer get to "agree"
to the time they spend in prison? What a mixed up, insane place this
world truly is. Admitting the truth about what you did to a child
should mean a reward in the form of getting out of prison some day!
though he did not live in the home at the time of her death, was
with child endangerment. Authorities said that he was aware of what was
going on and did nothing about it. In fact in July of 2011 it was
reported that Daniel Kelly Sr., who was 40 years old at the time, was
found guilty of endangering the life of a child. Daniel was facing
seven years in prison for his part in the death of Danieal
during the investigation,
authorities found a cardboard box in the cubicle of Dana Poindexter, a
social worker with DHS. The box was big enough to hold a file cabinet.
In the box, authorities found files to the top, along with random case
files, food wrappers and unopened mail, some dated back four years. At
the bottom of that box was Danieal's file.
was reported that
at least one DHS Administrator had decided to make it appear as though
reports and determinations about Danieal had been completed in the
way. She back dated reports, some were dated back as far as a year with
false dates and information about the case. The worker said that it was
the day of Danieal's
death, Mickal Mamuvaka, who was part owner and director of the
Behavioral Health, took part in what authorities called a forgery fest.
Employees were told to make up a years worth of false progress reports
to make up for the work that had never been done at all. The city has
terminated the contract they had with this company. 109 children who
been under the care of Multiethnic Behavioral Health were placed with
that, given the magnitude of what I saw, that we needed to do that much
I'm outraged and saddened The system clearly failed with this
just no way you can look at a situation like this and say there wasn't
commissioner Arthur C. Evans Jr.
Poindexter, who was 54 years old at
the time, a Social Worker from the Department Of Human Services was
found guilty of child endangerment, recklessly endangering another
person and perjury. Dana was facing eight to 16 years in prison for her
part in the death of Danieal.
Mickal Kamuvaka, who was 62 years old at the time, and head
of of the Department Of Human Services was found guilty of involuntary
manslaughter, child endangerment, reckless endangerment, perjury,
criminal conspiracy and four other charges related to forgery. Mickal was facing up to 25 years in
prison for his part in the death of Danieal.
None of these people showed any type of
emotions after the jury took
seven hours, came back with guilty verdicts and the verdicts were read
in court. The jury was praised by prosecutors who were happy that this
five year old case was over:
"It's been five years
and I am tremendously, tremendously gratified by the jury's verdict"
Acting First Assistant
District Attorney - Edward McCann
Daniel, Dana and Mickal were all sentenced to less than three years
each in prison. Many other employees of the agency that was supposed to
be looking out for Danieal, were arrested, charged and found guilty,
their sentences varied from probation to prison time.
August 2, 2008,
Carmen Paris, Assistant Health Commissioner, resigned surrounded by the
allegations that she tried to block the homicide investigation into
death. A Grand Jury report said that she had told the medical examiners
not to speak to anyone and that included the homicide detectives, about
August 3, 2008,
it was reported that two city social workers had tried to get someone
do something about Danieal. This shows that not everyone in the
is neglectful towards the children. It also opens the door to finding
out WHY they were silenced and opens the door to making
the system more
August 4, 2008,
there was a report about the seven other city employees who had been
It seems that one of those who had been suspended had been promoted and
was now head of the fatality review committee. Michael Nutter, the
of Philadelphia was not pleased with this news:
thoroughly and completely pissed off about what has happened here. The
by public employees is unacceptable, and I’m furious at their actions"
went on to say:
a new culture of accountability. There’s not a shadow of doubt in
this department will turn around”
of my own daughter and if she were in someone else's care, and if
the way some of these individuals did, I would kick their ass myself.
should ever again face the same fate as Danieal Kelly.
not prepared to take the actions that need to be taken, if you cannot
up and stay
this, then you should leave this city government right now. We don’t
January 22, 2009,
it was reported that the court had denied a motion to dismiss charges
Andrea. Richard Quinton stating that prosecutors had not proven at the
hearing that she had premeditated or had criminal intent in the death
Danieal, which was needed to be convicted of murder.
January 24, 2009,
the state of Pennsylvania restored a full license to the Philadelphia
Of Human Services. Full restoration of their operation license came
a warning that they must continue to improve their performance in
abused and neglected children. This had been the third time the agency
had been issued a provisional license. If the agency was given one more
of this type of license it would be taken over by the Pennsylvania
Of Public Welfare:
made changes, and that’s wonderful. said. But we need to see
enough, there is a lot of work that still needs to be done”
weren't even aware that Danieal was there:
she was there until she died"
I am home in heaven"
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