Three in the Danieal Kelly starvation case are sentenced to prison for up to 5 years

Bringing an end to the trials in the 2006 starvation death of 14-year-old Danieal Kelly, a judge Thursday sentenced the disabled child's father and two others to prison.

"This was a horrific case," Common Pleas Court Judge Jeffrey P. Minehart said before ordering 21/2- to five-year terms each for Daniel Kelly, 40; former Department of Human Services social worker Dana Poindexter, 54; and former DHS contractor Mickal Kamuvaka, 62.

Kamuvaka was the head of MultiEthnic Behavioral Health Inc., which was paid to place a social worker in Kelly's home twice a week. Poindexter was supposed to have investigated reports of Danieal Kelly's abuse.

Danieal's emaciated, bedsore-ridden body was found Aug. 4, 2006, in the filthy, two-bedroom apartment in West Philadelphia that she shared with her mother and eight siblings. She weighed only 46 pounds. She was born with cerebral palsy and was first brought to DHS's attention in 2002.

"The individual actions of these defendants all came together in the nightmare" this child experienced, said Minehart, adding that the three acted with "gross indifference."

The sentencing followed testimony by a string of about 10 character witnesses on behalf of Poindexter and Kamuvaka.

"One thing I didn't hear from Kamuvaka," said Minehart, "was any remorse."

On July 15, a jury found the three guilty of all charges, ruling that each played a role that led to the child's death, although none had seen her in the weeks before she died.

Daniel Kelly was convicted of child endangerment; Poindexter of child endangerment, recklessly endangering another person, and perjury; and Kamuvaka of involuntary manslaughter, child endangerment, reckless endangerment, perjury, criminal conspiracy, and four charges involving case files falsified to mislead investigators.

Kamuvaka is already serving a 171/2-year sentence for health-care fraud in the Kelly case. The state sentence is to be served consecutively, the judge said.

Andrea Kelly, the child's mother, is serving 20 to 40 years in prison on a 2009 third-degree murder conviction in the case.

"I think the judge gave a just sentence," said Assistant District Attorney Ed McCann. "I really don't think that any jail sentence measures up to the callous indifference that the defendants exhibited in this case toward the victim."

During the hearing, McCann told the court, "This was not a tragedy. This was prolonged, callous indifference."

Addressing the court, Poindexter testified that Danieal Kelly "was a wonderful, warm, and dear child. . . . What happened to her was monstrous. . . . I did make mistakes."

Daniel Kelly, speaking to the judge, said Danieal's welfare "was my responsibility. I know that I let her down."

Said McCann: "She didn't have a family that cared for her. It was troubling that so many people let her down."

McCann noted that the case spurred greater scrutiny of child protective services in the city and "I think it has led to reforms."

In all, 16 people have been convicted of charges, including case workers and social workers for DHS and staff members from MultiEthnic.

"This wasn't just a bad day," McCann said. "This neglect occurred over a prolonged period of time, under the eyes of people who were supposed to be watching what was going on."