August 27, 1987Father Accused of Abuse Wins $ 55,000 in Suit
Against Fairfax Police A federal jury yesterday found that a Fairfax police
investigator violated a Falls Church man's civil rights when he arrested him
for allegedly sexually abusing and illicitly photographing his two children,
charges that were later dropped. The jury awarded William J. Kelly Jr., a Falls
Church photographer, $ 55,000 in damages. Kelly was imprisoned for seven days
last year after being arrested on rape and indecent liberties
allegations."They are probably the most vicious accusations made against
any father anywhere," Kelly's attorney, George L. Freeman Jr. told the
U.S. District Court jury in Alexandria. Kelly "was in jail for seven days
. . . . He just couldn't believe what was happening to him." After the
prosecutor dropped all charges against him, Kelly sued William H. Whilden and
the Fairfax County Police Department for allegedly "coercing" his
children into making statements that he sexually abused them. The 45-year-old
photographer contended that when Whilden asked the children if they ever
"fooled around" with their father, they said "no."Only
after Whilden warned the children that they might be sent to a juvenile
detention home if they didn't tell the truth, did they change their story,
Freeman argued.Kelly's 10-year-old daughter backed up her father's account in
court.The girl testified at the opening of the three-day trial that she
initially told Whilden that her father had not indecently touched her or
photographed her.But she continued: "Then he [Whilden] said if you don't
tell the truth, you'll go to juvenile jail . . . so I told him yes . . . . I
thought if he heard what he wanted to hear everything would be all
right."Both the girl and her 12-year-old brother also testified that it
was they, and not their father, who took the four nude photographs that
launched Whilden's investigation.The children, who live with their mother and
stepfather in Florida, said they snapped nude photographs of each other and
then inadvertently gave the roll of film to their father to have developed.A
Colorfax laboratory technician in Silver Spring, who was developing the film
for Kelly, saw the nude photographs on the roll and called police.Assistant
Fairfax County Attorney Robert M. Ross defended Whilden, a 14-year member of
the police department who is assigned to the child services unit, saying he did
a "professional job."Whilden's attorneys argued that the photographs
were not of the type that children snapped of each other. They denied that
Whilden overstepped the bounds of his authority and coerced the children into
giving him the story "he wanted to hear."Kelly's lawsuit also charged
that Whilden and the Fairfax County Police Department had maliciously
prosecuted and maliciously imprisoned him, charges that the jury found were not
substantiated.Kelly, who was arrested June 13, 1986, was initially held without
bond.Seven days later, when the bond was set at $ 20,000, he was released from
Fairfax County Detention Center. He had sought $ 5 million in damages."I
had hoped that the verdict would have been for a larger amount," Freeman said.
"But we're satisfied."