AYER, Mass. (AP) – A 74-year-old convicted rapist who had just began serving his prison sentence after remaining free for 16 years on health-related appeals died last week.

James Kelly was convicted in 1987 on two counts of rape and one count of indecent assault on a female relative, but didn’t go to prison until Feb. 3, after losing a final appeal for a new trial. His sentence was stayed through the years while he fought various appeals and claimed numerous health problems.

Kelly was serving his sentence at a medium-security prison in Shirley, but was taken to Nashoba Valley Medical Center in Ayer, where he was pronounced dead Wednesday, according to Department of Corrections spokesman Justin Latini.

The victim, Debra Hagen, who was 27 at the time of the rape, revealed her identity as she battled for years to force increased action from prosecutors and the courts as the case went through lengthy appeals. Kelly’s wife and Hagen’s father were cousins.

Kelly’s lawyer, Elliot Lobel, said his client had heart problems and advanced lung cancer.

“It’s sad,” Lobel said. “He was a very sick man.”

Wendy Murphy, Hagen’s lawyer, said neither she nor her client wanted to comment on Kelly’s death.

AP-ES-05-24-03 1302EDT

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