Mother Genevieve Kelley turns self in decade after fleeing with child

• Genevieve Kelley disappeared with her daughter, Mary, into Central America in the fall of 2004
• Her attempt to prove her ex-husband had harmed the child backfired
• Kelley says she wants a trial and that her daughter is safe
• Police believed Kelley's ex-husband, Mark Nunes, was unfairly accused
• He was never charged with a crime

By Associated Press

Published: 14:54 EST, 17 November 2014 | Updated: 04:17 EST, 18 November 2014

A woman who fled with her eight-year-old daughter a decade ago during a custody dispute turned herself in Monday to face trial.

Genevieve Kelley of Whitefield disappeared with her daughter, Mary, into Central America in the fall of 2004 after her attempt to prove her ex-husband had harmed the child backfired.

The U.S. Marshals Service investigated numerous tips through the years. Shortly after her daughter turned 18 in February and was no longer subject to the family court, Kelley, 50, made contact.

On the run: Genevieve Kelley, of Whitefield, disappeared with her daughter, Mary, into Central America in the fall of 2004 after her attempt to prove her ex-husband had harmed the child backfired

Back in the USA: Kelley turned herself in Monday in Lancaster, New Hampshire, and was arrested however it is unknown where her second husband, Scott, is. He believed to have been involved in the plot to fee

Her lawyer said she wanted to face a jury on her custodial interference charge. She said her daughter is safe.

Kelley accused her ex-husband, Dr. Mark Nunes of abusing their daughter. Nunes has denied the allegations and charged his ex-wife was attempting to prevent him from contact with his daughter and seeking to damage his career.

Local law enforcement came to believe Kelley had mistreated the child and awarded full custody to Nunes.

The National Center for Missing and Exploited Children requested the assistance of the U.S. Marshals in the investigation on behalf of the Whitefield Police Department and the Coos County Sheriff's Office. U.S. Marshals over the years have searched for Genevieve and Scott Kelley in the United States, Canada, as well as Central and South America.

The effort to find Mary Nunes intensified early this year after she turned 18. In August, the case was featured as the U.S. Marshals 'Fugitive of the Week' here in New Hampshire.

Fruitless: The U.S. Marshals Service investigated numerous tips through the years. Shortly after her daughter turned 18 in February and was no longer subject to the family court, Kelley, 50, made contact

The local effort coincided with the nationally televised story of Mary Nunes and her kidnappers being aired on the CNN program hosted by John Walsh, 'The Hunt' on August 31.

In the end, police felt Kelley's ex-husband, Mark Nunes, was unfairly accused. He was never charged with a crime.

Kelley turned herself in Monday in Lancaster, New Hampshire, and was arrested, Deputy U.S. Marshal Jamie Berry said. He said her lawyer and Coos County Attorney John McCormick were arguing bail.

Mark Nunes hasn't given up hope of being reunited with his daughter and hopes to learn more about her.

'Is she alive? Is she safe?' he said Monday.

It wasn't immediately known if Mary Nunes was in the courtroom. In an interview last week, Kelley's lawyer, Alan Rosenfeld, said his client would likely appear on her own first.

'She wants to be vindicated,' Alan Rosenfeld said. 'She wants a trial.'

Rosenfeld, a Colorado attorney who specializes in child advocacy and domestic violence cases, had asked prosecutor McCormick twice this year if he would agree to recommend to a judge that Kelley voluntarily return and not be jailed unless she is convicted.

He said she would not be a flight risk, but McCormick disagreed, noting she left in the middle of a family court proceeding in 2004.

Caught in the middle: Kelley accused her ex-husband, Dr. Mark Nunes of abusing their daughter. Nunes has denied the allegations and charged his ex-wife was attempting to prevent him from contact with his daughter and seeking to damage his career

Still missing: The whereabouts of Mary Nunes, now 18, remain a mystery. Her mother claims she is 'safe'

'She fears there's a chance she'll be held, a fear that's probably well founded,' McCormick had said.

Rosenfeld had said if things didn't work out, 'she's just going to show up unannounced one day.'

Mary Nunes, presumably, would be a witness at the trial, he said.

'She was old enough to know what was going on,' he said.

Mary was 7 when her father last saw her.

'I am happy that Genevieve Kelly is in custody and will face justice for these charges, but we will all be the happiest, when we know Mary Nunes is safe,' U.S. Marshal David Cargill Jr. said.