A 37-year-old San Lorenzo Valley man who was already facing felony rape and violent false imprisonment charges has been accused of additional offenses prosecutors say he committed earlier this month.
But for several days in a row, the defendant, Michael Richard Kelly, who’s back in custody, didn’t make it to court.
“He’s refused,” Anthony Robinson, a public defender, told Judge Leila Sayar, in Santa Cruz County Superior Court on Tuesday. “He’s detoxing.”
Kelly is accused of felony witness tampering, felony false imprisonment, misdemeanor contempt of a protective order, misdemeanor battery—along with an enhancement, because he was on supervised release on April 16, when authorities say the new crimes occurred.
Last fall, he was charged with a slew of counts, including felony oral copulation using force, first-degree burglary, felony rape by force or fear, and felony false imprisonment, relating to offenses police say he committed on Oct. 18 in Scotts Valley.
His bail was set at $1 million, but Judge Denine Guy dropped this to $150,000 on Oct. 30, in accordance with the wishes of the prosecution.
The DA’s Office says Kelly is a sexually aggressive individual who “would not take ‘no’ for an answer.”
In fact, it has submitted text message evidence showing the victim said “No” directly to a demand for sex, on the morning of Oct. 17, just prior to when it says the violent rape took place.
Prosecutors say home surveillance video captured some of the incident and corroborates the victim’s story “to a high degree.”
Kelly pleaded not guilty and denied all charges on Nov. 14.
On Dec. 11, he pleaded not guilty to misdemeanor contempt of a protective order and misdemeanor preventing testimony. At the same hearing, the complaining witness/victim requested the criminal protective order be modified to allow peaceful contact; the People objected and Judge Guy denied the modification proposal.
Kelly was released on $150,000 bail, which was posted on Jan. 30.
An enhancement filed April 17 by District Attorney Jeffrey Rosell and Assistant District Attorney Gretchen Deirdre Brock would prevent Kelly from being sentenced to a County jail term due to earlier crimes.
On Tuesday morning, Judge Sayar weighed what to do about the absent Kelly.
“He’s been in for a few days already,” she said, as Robinson suggested she put the hearing off until next week, when his attorney Allen Cave, another public defender, is available. “I also have to make sure we’re arraigning this individual in a…timely manner.”
Robinson noted there’s no rush, considering Kelly’s now facing life behind bars. She put the matter back on the calendar for the following day.
Editor’s Note: This story has been updated to correct the name of Judge Denine Guy.
