Judge keeps pair accused of elder abuse in jail

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Anthony Kelley

Updated: August 2, 2011 12:15AM

A Winthrop Harbor man accused of beating his bed-ridden father will have to continue working on his Russian monk training in jail.

Anthony Kelley, 40, was in court with his mother, Diane Kelley, 63, for bond review Thursday before Lake County Judge Raymond Collins.

The pair are accused of restraining and beating the 74-year-old man because they became upset with him while they were changing his diaper, authorities said. They are accused of using pepper spray in their attack and of duct-taping the elderly man to the bed.

They are charged with aggravated battery and unlawful restraint following their May 23 arrests.

“Based on the facts of the case,” Collins refused to reduce bond from $50,000.

Neither Anthony nor Diane had a prior criminal history, according to Lake County Assistant Public Defender Moira Mercure.

“She (Diane) is 63 years old and has not even gotten a traffic ticket,” Mercure said.

Mercure said Anthony also had no criminal history. Diane recently lost her mother and used all the family financial resources for funeral arrangements, Mercure said.

She also said there was “no future risk” of a possible reoccurrence because the beating victim’s daughter is finding a nursing home facility for her father.

The 74-year-old man’s medical condition was upgraded to fair at Vista East Medical Center, Waukegan, according to hospital spokesman John Griffin. The man was listed in critical condition last week.

Last week, the Kelleys appeared before Collins for the first time. That was when Anthony said he was in training to be a Russian monk.

If convicted, Diane and Anthony face two to five years in prison for the aggravated battery charge, and one to three years in prison for the unlawful restraint charge.

The Kelleys are due back in court for a preliminary hearing June 22. They remain in custody at Lake County Jail.

Neighbor Brenda Rodrigues of Winthrop Harbor said she suspected abuse has been an ongoing issue for years. Rodrigues cared for the 74-year-old man in her home for four years.

Diane would bring her husband over around 9 a.m. and he would stay until about 8 p.m. seven days a week. He became part of the Rodrigues family, she said.

Rodrigues described him as a gentle man who was a polite guest. He helped wash dishes and helped take care of Rodrigues’ late husband, who was a diabetic and wheelchair bound.

Her elderly neighbor repeated himself often and became forgetful. By April 2008, he would wander out of the house unless someone kept an eye on him, she recalled.

However, after her husband passed away, Rodrigues said her son told Diane that she needed to take care of her own husband.

While Rodrigues said she never witnessed either Diane or Anthony physically abuse the elderly man, she did witness yelling matches and name-calling.