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Motions filed in Kelty case


October 02, 2013 | 10:45 AM

A brief hearing in the case against a OB-GYN physician accused of multiple felony charges took place Friday in Harrison Superior Court.

The defense team for Dr. Paul Kelty, who was charged with 21 felonies and one misdemeanor in June, filed several motions, including a motion to dismiss, a motion to quash, a motion to strike and a motion to release funds.

The motions were taken under the advisement of Superior Judge Roger D. Davis.

At the hearing, Kelty's lawyers — New Albany attorneys Richard Mattox and Aaron Johnson — argued that the list of charges was too vague in regard to when the alleged illegal activity may have taken place.

As part of an investigation by the Indiana Attorney General's office, it was learned that from 2009 to 2012, Kelty treated 1,283 patients and wrote 31,490 prescriptions totaling 1.08 million pills. After one patient delivered her baby at Norton Hospital, the newborn had to be placed in NICU for approximately 2-1/2 months and required methadone for detoxification. The affidavit for the search warrant indicated that there were at least six of Kelty's patients who fatally overdosed.

On Feb. 21, investigators with the IAG and the Harrison County Prosecutor's Office, accompanied by troopers from the Indiana State Police, temporarily closed Kelty's Corydon office as they served a search warrant with the hopes of finding evidence of alleged Medicaid fraud, theft, prescription drug dealing and sexual abuse.

Kelty was charged with seven counts of Class B felony dealing in controlled substance, five counts of Class D felony sexual battery, four counts of Class D felony Medicaid fraud, four counts of Class D felony theft, a single count each of Class C felony corrupt business influence and Class B misdemeanor battery.

Both the state and the defense have until Oct. 25 to submit additional legal arguments. After the court rules, the state will have 30 days to amend the charges.

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Corydon Democrat, 301 N. Capitol Ave., Corydon, IN 47112 1-812-738-2211 email