Starved twins' mom sentenced to 70 years

By Megan Matteucci

The Atlanta Journal-Constitution

Twin toddlers  would be in their 50s before their mother -- convicted of starving them to near death -- could be released from prison.

On Monday, Clayton County Superior Court Judge Deborah Benefield sentenced 25-year-old Tessa Zelek to 70 years in prison -- the maximum sentence. Zelek must serve at least 75 percent of the sentence, Clayton District Attorney Tracy Graham Lawson said.

Earlier this month, a jury found the Lovejoy mother guilty of starving her 13-month-old sons to the point they could barely move.

"I think the sentence speaks the truth of what happened to these boys," prosecutor Lawson said Monday afternoon.

The earliest the mother could get parole is in 52.5 years.

"I’m very, very disappointed she gave her a life sentence. I thought that was unreasonable," Zelek's lawyer Marc Pilgrim said. "By the time she gets out of jail, she’ll be 95. She can get parole, but there’s no guarantee."

On Oct. 1, a jury found Zelek guilty of two counts of cruelty to children, four counts of contributing to the deprivation of a minor and two counts of forgery – all felonies.

The jury found Zelek starved her  children, Ashton and Avery McCart, to near death. The boys were 13-months-old in November 2007 when family members intervened and took them to the hospital, prosecutors said.

At that point, the boys each weighed less than nine pounds. Doctors testified that the boys looked like skeletons. They were so malnourished that they could barely move and their brains had shrunk, doctors testified at Zelek’s trial.

On Monday, Zelek took the stand and begged the judge to give her a fair sentence.

"The reality is the kids have recovered from the first year of their lives. If she [the judge] wanted to sentence her to punish her, a 20 or 30-year sentence would be reasonable," Pilgrim said.

Zelek told the judge she was thankful that relatives of the boys' father were caring for the twins.

"She expressed remorse to the court," Pilgrim said. "She said she recognized the severity of what the jury said and realizes now she could have done things differently. She realizes she should have fed them."

The boys’ aunt, Lisa Scroggins, took the stand at the sentencing and said she wanted Zelek to understand her actions.

But Scroggins, who shares custody of the boys with the paternal grandparents, said she didn’t want the young mother to spend the rest of her life in prison.

“I’m really torn,” she said after the sentencing. “By no means is this a victory to us. We’re sad for Ashton and Avery. They’re the ones who are going to lose. How do you explain to two little boys where their mommy and daddy are?”

The boys’ father, James McCart, also faced up to 70 years. But he has opted to take a plea, which carries a 15-year sentence, prosecutors said. He remains in the Clayton County jail.

Zelek’s mother, Christiann Zelek, is also charged with failure to report child abuse. Her trial is scheduled for Nov. 9.

Prosecutors say  Christiann Zelek did not seek medical attention for the babies and tried to conceal the crime.  Zelek, 53, a former Henry County schools administrator, remains  free on bond.

The children, who are now almost 3, are staying with their paternal grandparents. Guardians said the boys are a bit behind other children in their age group and a little smaller because they suffered brain damage from the malnourishment.

The family said they will have to decide when and if the boys should visit their parents in prison.

“Right now they just know they are loved and happy. They are learning and growing,”  said Scroggins, their aunt.