Though former Athens County Sheriff Pat Kelly requested to be released from jail awaiting his appeal, the appellate court denied his motion.
Former Athens County Sheriff Pat Kelly’s family held onto his badge after Kelly was sentenced to seven years in jail in mid-March.
That was one of many violations that led the 4th District Court of Appeals to deny Kelly’s release from prison during his appeal.
Kelly was sentenced to seven years in prison after being found guilty on 18 out of the 25 original charges including theft, theft in office, perjury, failure to keep a cashbook and engaging in a pattern of corrupt activity.
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Upon conviction, Kelly requested an appeal of visiting Judge Patricia A. Cosgrove’s decision and asked to be released from prison. Cosgrove denied his request, prompting Kelly take the request to the 4th District court of Appeals.
Cosgrove denied his request due to her belief that Kelly was a flight risk.
The appellate court upheld her decision and denied Kelly’s release with a 2-1 vote, according to court documents.
Kelly remains incarcerated in Lorain Correctional Institution in Grafton, Ohio.
According to court documents, Kelly supported his motion to be released by stating he is 64 years old and has lived and worked in the Athens County area and Central Ohio area his entire life. He also stated he is married and that his wife and kids live in the Athens County area.
Kelly added that he was out of jail for 12 months while the case was pending with no bond violation.
The last support he shared was that he appeared in every court appearance and had no record of flight or failure to appear in court.
The State of Ohio opposed his motion, saying that the trial court determined that a prison sentence is necessary and appropriate.
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The state also agreed that Kelly was a flight risk, and his incentive to flee to avoid execution of the sentence is stronger now than the time prior to the trial.
The State of Ohio also mentioned Kelly’s failure to comply with court order to not discuss the trial with the media — which led to Kelly being held in contempt.
Court documents also said Kelly’s failure to turn over any property until he was ordered to do so by the trial court at his sentencing also played a factor in the decision.
Judge Matthew McFarland and Judge William Harsha agreed that Kelly’s release from prison is not warranted, but Judge Marie Hoover disagreed.
Hoover agreed with Kelly’s motion about his family, his successful time on bond for a year, that he appeared for every hearing and had no record of being a flight risk. Court documents said Hoover respectfully dissented the court's decision.
@Fair3Julia
jf311013@ohio.edu
