Mom serving two years after serving drinks
Filan: While mom used poor judgment, the sentence is excessive and harsh
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Mom jailed for serving alcohol to kids
June 15: A mother goes to jail for serving alcohol to underage kids at a graduation party. TODAY's Natalie Morales reports.
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LEGAL ANALYSIS
By Susan Filan
Senior legal analyst
MSNBC
Updated: 10:20 a.m. ET June 12, 2007


Susan Filan
Senior legal analyst



A stay-at-home mom with no prior criminal record has been sentenced to two years and three months in jail for hosting a party at her Virginia home at which she served alcohol to underage teens. Elisa Kelly's rule was all the kids had to stay the night, and no one could drink and drive. Kelly's two sons, Ryan and Brandon, asked her to buy their friends some beer and wine, and she did, thinking it was better to have them drink supervised and safe.

While she clearly used poor judgment, broke the law and infuriated the parents of the other teens who were at her house, over two years in prison is by any standards excessive and harsh. It is a ridiculously over-punitive sentence which clearly does not fit the crime. No one was hurt, and notably, no one was intoxicated. They were breathalyzed and no one was over the legal limit.

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The real reason this sentence is wrong is because her sons are suffering perhaps more than their mother. Their guilt alone is eating them alive. They told the Washington Post they wish they could serve her sentence for her because she would not have done it had they not asked her to. Kelly is quick to remind them she was the adult and she alone, not they, is responsible and has to pay the price. But the price should be within keeping of the offense. These two boys will have to finish high school without their mother. One boy has already dropped out, quit athletics and works full-time at UPS so he can earn enough money to buy a house for their mom when she gets out of jail. She had to give up her apartment and put her things in storage. They will only be allowed to visit their mother in jail once a month for fifteen minutes each. The consequences of this sentence are totally disproportionate to what she did. The irreversible consequences of of her incarcation on her sons' lives is nothing short of tragic.

When a court issues its sentence, the court has to consider not just the illegal conduct, but the person and her life as a whole, all of her circumstances, including the impact the sentence will have on her family, in this case, her two teenage sons.

I do think she should be punished, make no mistake. Were I the judge, I would send her to jail too. But I would sentence her to serve not more than 90 days. That sends a message that what she did was clearly wrong, and would serve as a deterrent to other parents who think they are doing their kids a favor by helping them drink or that it is safer to drink at home with a parent than out without one. I would also give her some period of time on house arrest or home confinement, and order her to perform several hundred hours of community service to include working with MADD or some similar organization, and she would have to work with parents and teens to increase awareness about the perils of underage drinking. That is punishment enough. And it saves three lives, instead of ruining three lives.


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Vote: Does the punishment fit the crime?


The power to prosecute and the power to punish is mighty. It must be used appropriately, always, and it must balance the needs of the individual with the needs of the people, the greater good.

Unfortunately, because she has exhausted her appellate remedies unsuccessfully, she had no choice but to surrender herself on Monday and begin serving her term of confinement.

Unlike Paris Hilton, I don't think a doctor's note or a feigned nervous breakdown will help secure Elisa Kelly's early release. Being a mere mortal, and not a celebutante, she will have to serve her time and hope that she can parent her sons from prison.

Wow I think that is way over the top, the report even said that none of them were intoxicated, I think thats a bit too excessive of a sentence, I would have given her probation or something way less harsh, no one was even hurt or drunk, what a shame and waste of our tax dollars

no it is not..it is the law and I don't buy the whole if they hadn't asked her she wouldn't have done it..some parents need to get the balls to tell there kids no. She knew that she would get in trouble and she did it anyways so she should be able to deal with whatever punishment they handed her.

well my grandma used to provide me alcohol once a week but only me, not my friends. in tx there is a law that if the parent provides it and serves the child then they can't be legally prosecuted but serving friends is out of the question

She should have told her kids no. If she decided to do it she should have invited the parents of the other children over as well so they could supervise their own children. It was poor judgement on her part, but the punishment does not fit the crime- AT ALL. That's totally ridiculous that drunk drivers or others who commit "more offensive and dangerous" crimes get less time. It doesn't sound like any of the kids who were at her place were in danger or placeing others in danger. People are so sue happy though... I guess you can never be too careful.

I understand part of what you said dorieo but the bottom line is they were underage and it shouldn't matter if no one was hurt and having the kids parents there shouldn't affect anything except maybe them getting in trouble for it as well.

i agree, it is the law and its about time someone get made a point out of. Why is it taking so long for people to finally get in trouble for this stuff.

She had no right serving other parents children, but 2 years is rediculous. Of course with our justice system, she is out by now.

no it is not..it is the law and I don't buy the whole if they hadn't asked her she wouldn't have done it..some parents need to get the balls to tell there kids no. She knew that she would get in trouble and she did it anyways so she should be able to deal with whatever punishment they handed her.

:woot:truesign:agree

I dunno, I *do* think it's safer to have your kids drinking supervised and at home, rather than out and about.

But, I also think she should have either a) talked to the other parents and made sure they were okay with it / in on it or b) only dealt with her own children. Throwing a mass party for your kids and serving alcohol is not good judgement imo. Still, the sentence is excessive. :dunno

Considering what the Paris Hiltons and Lidnsey Lohans of the world are getting sentenced to this is way excessive in my opinion

I don't think it is excessive what she did was wrong. The other parents there should of been charged with contributing to the delinquency of minors as well for not stopping it.

Considering what the Paris Hiltons and Lidnsey Lohans of the world are getting sentenced to this is way excessive in my opinion

I would agree.. Not saying what she did was right... but now the kids are serving a sentence themself. Yes she made poor judgement.. BUT dont we all....

I dunno, I *do* think it's safer to have your kids drinking supervised and at home, rather than out and about.

But, I also think she should have either a) talked to the other parents and made sure they were okay with it / in on it or b) only dealt with her own children. Throwing a mass party for your kids and serving alcohol is not good judgement imo. Still, the sentence is excessive. :dunno

But truthfully if you were a good enough parent you would teach your kids to NOT drink at all until they are older..and it CAN be done. Alot of my friends never drank even when there friends did. I think she just coped out and didn't want to upset her kiddos.