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Man Named in Kelly Bill of Particulars One of Few Not Subpoenaed
By: Susan Tebben | The Athens Messenger
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With the criminal trial of Athens County Sheriff Patrick Kelly less than a week away from starting — and with more than 60 subpoenas issued for witnesses — there are still some seemingly connected with the case who have not been subpoenaed.
Kelly has been charged in Athens County Common Pleas Court with 25 counts, including engaging in a pattern of corrupt activity, theft in office, tampering with records, tampering with evidence, perjury, obstructing official business, dereliction of duty, failure to keep a legally required cash book and theft.
Included in the dozens of witnesses the prosecution has subpoenaed to testify are names such as Athens County Prosecutor Keller Blackburn and former prosecutor C. David Warren, former sheriff Vern Castle, County Commissioners Charlie Adkins and Lenny Eliason, County Auditor Jill Thompson, Athens Police Chief Tom Pyle, and also members of the sheriff’s office such as Capt. Bryan Cooper, Det. Jimmy Heater, Lt. Steve Sedwick, former fiscal officer Vicki Marshall and former administrative assistant Michelle Williams. Former administrative assistant Teresa Kirkendall and current fiscal officer Dawn Deputy are not on the prosecution subpoena list.
The grand jury named Pearl Graham in Kelly’s indictment that charges corruption, alleging that Graham assisted Kelly in selling county-owned scrap at McKee’s Scrap Yard and that the resulting funds were never deposited into the county’s accounts. Graham has not been charged with any wrongdoing, but has been subpoenaed for the trial.
Kelly’s former campaign manager, Clinton Stanley, was named in the prosecution-filed bill of particulars in regard to one count of theft against Kelly. That charge alleges that campaign donors who allegedly did not want to be affiliated with Kelly’s political campaign would give cash to Stanley who would then deposit the money into his own personal bank account and — allegedly at Kelly’s instruction — would write checks to Kelly personally.
Under the Ohio Revised Code, to “knowingly obtain or exert control” over money “beyond the scope of the express or implied consent” of those giving the money is considered a theft offense.
Stanley has not been charged with any criminal offense and he is also not on the subpoenaed witness list. A spokesperson with the Ohio Attorney General’s Office declined to speak on the matter when asked by The Messenger whether any sort of deal had been brokered between the prosecution and Stanley. The office also declined to answer questions in reference to whether Stanley would be subpoenaed at a later date.
Both the prosecution and the defense are under a gag order issued by Judge Patricia Cosgrove, prohibiting them from speaking about anything related to the Kelly case.
The prosecution still has the opportunity to issue more subpoenas before the trial begins, and not having been subpoenaed by the prosecution does not preclude defense attorneys from calling Stanley or other witnesses to testify.
When contacted by The Messenger, Stanley said he was not “aware” of any involvement he would be having with the trial, or whether he would be subpoenaed at a later date to testify.
Stanley was also asked by The Messenger whether he had been in contact with the defense or the prosecution about the case.
“I can’t go into any of that,” Stanley said.