Investigators, acting on a warrant, painstakingly added up every marble, happy meal give-away and nail polish bottle they seized to announce that Kelly was in possession of 11,000 toys. They even made a video to convey the "shocking" discovery to the jury pool. Bonnie Dumanis, the San Diego District Attorney, made herself available immediately to try this case in the press saying, "Stealing from a charity and depriving needy children in San Diego of the chance to get a new toy is despicable."
It will be that video and Dumanis' cries of injustice that stick in the minds of every sound-bite junky in the San Diego County. The even-handed article telling Virginia Kelly's side of the story that appeared in the dwindling circulation of the San Diego Union Tribune on April 7th will likely have little impact. Public responses to that article, "Woman says she didn't sell toys," are already drawing parallels to the Grinch that Stole Christmas! So, as in most criminal cases, Kelly's defense attorney will be launching her defense from behind the eight ball, reminding everyone that in America, a defendant is innocent until proven guilty. Despite this longstanding pillar of the Criminal Justice System, Kelly, who has participated in raising nearly 2000 foster children, will have to justify her possession of every toy.
Kelly has devoted her senior years to helping children. Investigators concede that Kelly distributed half of the 1700 toys she collected annually from Toys for Tots to needy children. But not every toy donated is appropriate for immediate placement. Kelly's decision to store some toys until placement with a child was more appropriate should be praised. Who among us cares enough to get this involved? Kelly also made several donations to St. Vincent's. Virginia Kelly was Santa Claus, not the Grinch!
The D.A. claims that Kelly conspired to sell toys on E-bay, and other places. We'll see as this case plays out whether those allegations have legs. Just suppose that Kelly used the proceeds of any alleged sale to provide necessary care to children. Some toys obviously have more value to collectors than they would to any child who needs formula or shoes. I believe there must be a reasonable explanation. A 73-year old who gives up her time to help children doesn't suddenly turn to a life a crime. The D.A. will have to establish probable cause to charge Kelly at the preliminary hearing, scheduled for May 28th.
I hope the D.A. can prove the facts necessary to justify these charges. I fear that this is just a political move. When people ask me how I can be a defense attorney, I like to tell them that to function fairly, the system requires good, honest attorneys on both sides. Unfortunately, the general public elects prosecutors - a system which encourages conflicts of interest. In times like these, the world needs more Virginias; people who give of themselves to help those in need. It's a sad day when government feels the need to go after people who routinely give of themselves.
