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Feb 18, 2015 6:57 PM

Defense motions seek to exclude irrelevant evidence in kidnapping mom case


LANCASTER - The defense attorney for a mother accused of kidnapping her daughter wants evidence of sexual abuse allegations barred.

In several motions filed in the case Tuesday, Attorney Alan Rosenfeld also asked to keep prosecutors from introducing details of the divorce case.

Mary Nunes was 8 when she fled with her mother, Genevieve Kelley, from New Hampshire. Kelley turned herself in to authorities in November on custodial interference charges. She wants a trial, and her lawyer says Mary plans to testify for her mother.

Other motions ask for the court to:

  • Prevent the prosecutor from presenting opinions on parenting skills.
  • Allow the defense to depose Mark Nunes. One of the reasons cited for this was concerns over Nunes speaking to witnesses.
  • Keep the prosecution from looking at Kelley's passport, saying it would force her to be a witness against herself. The state has argued that the passport is U.S. property and that Kelley has no constitutional rights to it.
  • Oppose providing medical and education records for Mary Nunes, saying it violates her privacy.
  • Drop one of two indictments on removing Mary from the state as the second indictment only corrects spelling of name and expands dates.

On Feb. 12 the state asked to appoint an attorney or an advocate for Mary Nunes.
The defense released witness list on the same day. It includes Mary Nunes.

Kelley's trial is scheduled to start May 8 at Coos County Superior Court.


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