News

Kelly Won’t Pay for Transcripts of Trial

By: Steve Robb - Athens Messenger staff reporter
Posted on: Friday, May 15, 2015

Former Athens County sheriff Patrick Kelly, who was convicted of 18 criminal charges in Athens County Common Pleas Court, will not have to pay for trial transcripts needed for appealing his case.

Judge Patricia Cosgrove, who presided over Kelly’s trial, granted Kelly’s request that the state pay for the transcripts. In a ruling filed Thursday, Cosgrove said she made the decision after reviewing an affidavit of indigency filed by Kelly.

In the affidavit, Kelly — who is serving a seven-year prison sentence — listed his income as zero and his wife’s monthly income as $2,200. The affidavit also states that Kelly has $200 in a checking and/or savings account. It lists monthly expenses of $2,670 for mortgage and vehicle payments and for food, utility and fuel expenses.

“In the event the court discerns the information provided by the defendant in his poverty affidavit is inaccurate, the defendant may be required to pay part of the costs of the transcripts, or the state may seek recoupment of the cost,” Cosgrove wrote.

The transcripts are expected to cost thousands of dollars.

The Ohio Attorney General’s Office, which prosecuted Kelly, argued against Kelly being provided transcripts at public expense, saying the monthly costs in the affidavit should not be attributed to Kelly because he is prison. Also, it was pointed out that Kelly retained private counsel for his trial and appeal.

Kelly has filed notice that he is appealing his convictions to the 4th District Court of Appeals. Kelly was convicted of 17 felonies, including several counts of theft in office, and one misdemeanor count of theft.

The Messenger previously reported that Kelly’s request to be released from prison during his appeal was denied by a split decision of the 4th District court.

After his sentencing, Kelly was taken to Lorain Correctional Institution, a prison intake facility. He was moved this week to Allen Oakwood Correctional Institution in Lima, according to a spokeswoman for the Ohio Department of Rehabilitation and Correction.