Judge recuses himself from beating case

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Anthony Kelley

Updated: October 18, 2011 2:06PM

Church is not the place for a judge to mingle with the defendant of a pending felony court case.

That is why Lake County Circuit Judge James Booras recused himself from presiding over the case in which a Winthrop Harbor man is accused of beating his bed-ridden father.

The case of Anthony Kelley, 40, was scheduled for status of his mental fitness on Monday.

“The defendant is a member of my church ... this defendant tried several times to approach me,” Booras said, in removing himself from the trial.

The case was assigned to Judge Daniel Shanes for a status of mental fitness hearing on Oct. 24.

Kelley and his mother, Diane Kelley, 63, were charged with aggravated battery and unlawful restraint for an incident that occurred May 23.

The Kelleys allegedly tied the 74-year-old man to the bed with duct tape, beat him and sprayed him with pepper spray.

If convicted, the Kelleys face two to five years in prison for the aggravated battery charge and one to three years in prison for the unlawful restraint charges.

Assistant Public Defender Katherine Hatch had asked Booras to order a mental fitness evaluation for Anthony Kelley last month.

No such evaluation was ordered for Diane Kelley, who is due back in court Oct. 24 for a pretrial hearing.

The pair are free on $50,000 bond.