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updated: 7/13/2011 4:08 PM

Wife, son plead not guilty in attack on Winthrop Harbor man

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The wife and the son of a 74-year-old Winthrop Harbor man pleaded not guilty Wednesday to charges they duct-taped the man to a bed and pepper-sprayed him.

Diane Kelley, 63, and Anthony Kelley, 40, are charged with aggravated battery to a person over 60 years old and unlawful restraint.

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Lake County Assistant State's Attorney Steven Derue said the pair was bragging about the attack around 1 a.m. on May 23 in a Waukegan restaurant and a person who heard them called police.

Winthrop Harbor police went to the residence on the 1000 block of Adams Avenue and found the man, who suffers from dementia, and took him to a hospital.

Police said the pair would duct-tape the man to the bed every time they left the house, and pepper-sprayed him once when he resisted.

The man is currently residing in a long-term health facility, Derue said.

Diane Kelley was freed from custody on a signature bond, while Anthony Kelley posted $1,000 in cash for bond.

The pair appeared before Circuit Judge John Phillips, who ordered them to return to court July 22.

Derue said they face up to five years in prison if convicted, but would also be eligible for probation.

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