Tuesday, November 25, 2014

Where is Mary Nunes?

"10 years after fleeing, mother surrenders" by Kathy McCormackAssociated Press  November 18, 2014

CONCORD, N.H. — A woman who fled with her 8-year-old daughter a decade ago during a custody dispute turned herself in Monday to face trial.

Genevieve Kelley of Whitefield disappeared with her daughter, Mary, into Central America in the fall of 2004 after her attempt to prove her ex-husband had harmed the child backfired.

The US Marshals Service investigated numerous tips through the years. Shortly after her daughter turned 18 in February and was no longer subject to the family court, Kelley, 50, made contact. Her lawyer said she wanted to face a jury on her custodial interference charge. She said her daughter is safe.

Police felt Kelley’s ex-husband, Mark Nunes, was unfairly accused. He was never charged with a crime.

Kelley turned herself in Monday in Lancaster and was arrested, Deputy US Marshal Jamie Berry said. He said her lawyer and Coos County Attorney John McCormick were arguing bail.

Mark Nunes has not given up hope of being reunited with his daughter and hopes to learn more about her.

‘‘Is she alive? Is she safe?’’ he said Monday.

It was not immediately known if Mary Nunes was in the courtroom. In an interview last week, Kelley’s lawyer, Alan Rosenfeld, said his client would likely appear on her own first.

‘‘She wants to be vindicated,’’ Rosenfeld said. ‘‘She wants a trial.’’

Rosenfeld, a Colorado attorney who specializes in child advocacy and domestic violence cases, had asked prosecutor McCormick twice this year if he would agree to recommend to a judge that Kelley voluntarily return and not be jailed unless she is convicted. He said she would not be a flight risk, but McCormick disagreed, noting she left in the middle of a family court proceeding in 2004.

‘‘She fears there’s a chance she’ll be held, a fear that’s probably well founded,’’ McCormick had said.

Rosenfeld had said if things did not work out, ‘‘she’s just going to show up unannounced one day.’’

Mary Nunes, presumably, would be a witness at the trial, he said.

‘‘She was old enough to know what was going on,’’ he said.

‘‘I am happy that Genevieve Kelley is in custody and will face justice for these charges, but we will all be the happiest, when we know Mary Nunes is safe,’’ US Marshal David Cargill Jr. said.

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