Judge refuses to dismiss Kelty’s case
Defense lawyers in Dr. Paul Kelty’s criminal case were unsuccessful in an attempt to get charges dismissed Friday in Harrison Superior Court.
Kelty is 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.
Kelty’s attorneys made the motion because they believed the State was lumping a large number of single alleged crimes into a single count.
In one of the counts of Medicaid fraud, the attorneys said there were 50 different claims made by the prosecution. They argued that it would be difficult for a jury to have to go through all of the evidence in each and every charge and that separate offenses should be filed as separate counts.
The State believed a jury would still be able to reach a verdict despite the complex nature of the case. The chief deputy prosecuting attorney said it didn’t matter if the charges were on one sheet of paper that listed the alleged acts or 50 sheets of paper alleging single acts of the same charge, the jury was still going to have to look at each charge individually.
Superior Judge Roger D. Davis agreed with the prosecution, saying the jury was going to have a lot of work no matter how the State pursued the charges.
The two sides agreed to a May 27 date for a pre-trial conference to hear pending motions, with a jury trial scheduled to begin the first week of August. The trial is expected to last about two weeks.