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Two portraits of Danieal Kelly

The Arizona special education teacher and the Philadelphia school psychologist each knew Danieal Kelly - separated by five years.

Danieal Kelly was 14 years old when she starved to death in 2006. Her family was under the supervision of the Department of Human Services.
Danieal Kelly was 14 years old when she starved to death in 2006. Her family was under the supervision of the Department of Human Services.Read more

The Arizona special education teacher and the Philadelphia school psychologist each knew Danieal Kelly - separated by five years.

Both agreed on one thing: they would never have recognized the Danieal the other knew.

The contrasting portraits of Danieal, a 14-year-old with cerebral palsy, dominated testimony Wednesday in the criminal trial of the girl's father and two social services workers for their alleged roles in Danieal's starving death in 2006.

Teacher Lynn Levin recalled the 9-year-old girl who attended Madison Rose Lane School in Phoenix from 1999 to 2001.

Levin in two hours of testimony told the Philadelphia Common Pleas Court jury that, despite her physical and mental limitations, Danieal loved school, was learning to speak and sang along with a Shania Twain recording.

"Her personality was so sweet, so endearing," Levin testified. "She was appreciative for whatever was being done with her or for her."

The Danieal seen by Philadelphia School District psychologist Wendy Galson on June 12, 2006, at a school admissions evaluation at her mother's West Philadelphia house, was anything but.

"She appeared thin, small and she was sitting in a larger umbrella stroller," said Galson. The Danieal she met did not speak, screamed loudly when Galson tried to move her stroller and was unable to tolerate even an hour's evaluation.

Less than two months later, Danieal was dead, her weight down from 100 to 42 pounds, her body dehydrated and pocked with deep bedsores.

Galson looked shocked when Acting First Assistant District Attorney Edward McCann projected a photo of a grinning, exuberant Danieal in Arizona at a school party.

"Look at her chubby cheeks!" said Galson, who also commented on the flexibility of Danieal's arms, which were raised in a cheer.

When she met Danieal, Galson said, the girl's arms and hands were curled and locked close to her body in contractures, the result of a lack of physical therapy.

Danieal's father, Daniel Kelly Sr., 40, is charged with child endangerment for leaving her with his ex-wife, Andrea, whom he knew neglected her before.

Kelly had taken their two children, Daniel Jr. and Danieal, from Andrea's custody in 1996. He and the children moved to Arizona with his girlfriend; the three returned to Philadelphia in 2003 when the relationship ended but Kelly again left the children with his ex-wife.

Andrea Kelly, 42, has pleaded guilty to third-degree murder and is serving 20 to 40 years in prison.

Two others are charged with failing to provide at-home social services deemed crucial Danieal's health and safety and then lying about it.

Dana Poindexter, 54, a former intake social worker at the city Department of Human Services, was supposed to investigate child-abuse complaints, verify them and, if true, start the process of getting services.

Also charged is Mickal Kamuvaka, 62, cofounder and chief administrator of MultiEthnic Behavioral Health Inc., a now-defunct DHS contractor that was paid to have a worker monitor the health and safety of Danieal, her brother and Andrea Kelly's eight other children.

Kelly's lawyer has said he will testify in his own defense. Lawyers for Poindexter and Kamuvaka have said that only Andrea Kelly is responsible for Danieal's death.

Also testifying Wednesday was DHS social worker John Dougherty, who on Aug. 4, 2006 was sent to investigate after Danieal was found dead.

Dougherty called the house in the 1700 block of Memorial Avenue "one of the worst I'd ever seen."

"The house was deplorable, full of clothing and debris. The smell was atrocious; it hit you when you first walked in," said Dougherty.

Dougherty's testimony was important because it supports the prosecution's claim that the two social workers on trial never provided services - including twice-weekly visits to the home - approved for the Kelly family.

Dougherty testified that the DHS caseworker responsible for the Kelly household, Laura Sommerer, joined him on that 2006 emergency call.

Dougherty said Sommerer was supposed to have inspected the Kelly house at least once a month. The household was also supposed to receive twice-weekly visits from Julius Juma Murray, a MultiEthnic employee.

Sommerer, now 36, pleaded guilty to child endangerment in 2009 and was sentenced to four years probation.

Murray, 53, pleaded guilty in February to involuntary manslaughter, conspiracy and child endangerment and was sentenced to 4 to 8 years in prison.

On Tuesday, Danieal's now-20-year-old brother Daniel Jr., testified that he recalled just three social worker visits to the home in the three years he and his sister lived with their mother in West Philadelphia.