Author

Brett W. Todd

Brett W. Todd has 922 articles published.

Brett W. Todd is the managing editor of Clinton County Today. Clinton County Today is a community-focused website to provide individuals of Clinton County Indiana and surrounding areas with information impacting their lives. Clinton County Today is a service of Progressive Partners of Indiana, LLC where Brett W. Todd is its managing member.

Deputy Trump Discusses Merit Board Decision, Future Plans

FRANKFORT, Ind. (October 28, 2024) – Clinton County Sheriff’s Deputy Melissa Trump sat down for an interview on October 24th to discuss the recent Merit Board hearing decision, ongoing investigations, and the future of her career. During the hour plus long conversation, Deputy Trump expressed mixed emotions about the outcome of the hearing and raised concerns about procedural issues regarding the arrest of her son during the hearing, potential bias against her, and the impact on her future in law enforcement.

The Merit Board found Deputy Trump violated four Merit Board Rules and Regulations of the five charges filed by Sheriff Rich Kelly.

The four charges Deputy Trump violated according to the Merit Board Findings of Fact, Conclusions, and Decision document are: Conduct Unbecoming to An Officer; Conformance to Laws; Individual Obligation and Duties of All Personnel; and Truthfulness. The charge of Testimony was not substantiated.

The Merit Board voted 3-1 to impose a disciplinary penalty of 30 working days without pay based on its preceding findings. Sheriff Kelly had asked for termination.

While the Merit Board’s decision to impose a 30 working day suspension without pay could be viewed as a victory, Deputy Trump expressed reservations, acknowledging the possibility of continued investigations and the financial burden of legal representation. She stated, “although this was a win, it still doesn’t really feel like a win because I don’t think I’m actually ever going to get to be a police officer after this. I don’t think that after my 30 days I just come back to work. I think I’m going to be under another investigation.”

When asked about the financial impact of the suspension, Deputy Trump noted a 30 working day suspension would financially equate to “losing two months of pay.”

Deputy Trump believes that the Merit Board mischaracterized her statements regarding her knowledge of underage drinking at a restaurant with her son’s girlfriend, Tess. She explained that while she was present when Tess was served alcohol, she did not provide it.

She learned Tess was not 21 approximately a week before attending the birthday. She expressed frustration that her testimony, including statements made during a polygraph examination, were taken out of context.

Deputy Trump shared what she was attempting to convey to both the Merit Board and polygrapher, saying:

“That wasn’t me allowing her to drink. So I thought that was kind of unfair. We’re at that restaurant, just because I didn’t dive across the table and, you know, super man that shot away from her – wasn’t me allowing.

“I thought that was just kind of unfair to use that against me, that these are things that I admitted during a polygraph to be as truthful as they could. And then those things just get used against me, it just seems very unfair and it feels like it was taken out of context.”

Furthermore, Deputy Trump addressed the Board’s finding that she expressed the viewpoint that minor consumption is a “bulls*** charge.” She clarified her stance, stating that while she acknowledges the illegality of underage drinking, she believes law enforcement officers have discretion in handling such offenses, especially when more serious crimes require their attention. She drew comparisons to other minor offenses, such as speeding and marijuana possession, where officers often choose not to make arrests.

During the October 16th Merit Board hearing, Deputy Trump testified to being dispatched to an underage drinking party where no arrests were made. She elaborated during our call on the discretion she has used and her thoughts on why discretion is necessary.

“(The Sheriff) knows there’s no way … he thinks we arrest every single person in Clinton County that commits a crime,” said Deputy Trump. “Our jail (wouldn’t) be big enough. We would have the majority of the county possibly in there.

“I don’t know. There’s times, so for example, some of these things that I guess they’re against the law but they can seem sort of minor and something that we maybe don’t typically arrest for.

“We have discretion. [referencing the underage drinking party] We didn’t arrest anybody there. We still handled the situation in a manner that we felt like we could still have an impact and not have to take all of these kids to jail.

“It wasn’t, it just didn’t seem, although yes it’s illegal to drink. It just did not seem serious enough, I guess.

“And all the times where I can think about where we pull people over and we’ve caught them with marijuana on them and you know we throw it out and we don’t arrest them or times where we pull people over for driving while suspended which is a misdemeanor and we don’t arrest them. We don’t arrest every single person that we know to commit a crime.”

Deputy Trump’s interview also shed light on the complexities of “Giglio” disclosures, which involve potential credibility issues that must be disclosed to defense attorneys in criminal cases. The interview revealed confusion surrounding the process and whether a Giglio designation had been made in her case – there was no mention of Giglio in the final report.

Clinton County Prosecutor Anthony Sommer testified in Deputy Trump’s Merit Board hearing stating he would wait until the conclusion of the Merit Board hearing and receiving its findings before making a final determination on a Giglio designation.

Deputy Trump also discussed the circumstances surrounding her son’s arrest on a warrant for failure to appear in court. She emphasized that the warrant was issued out of Marion County and was non-extraditable, meaning that typically, arrests could only be made within that county. Despite this, her son was arrested in Clinton County, two counties away. Deputy Trump expressed concern that this arrest, which involved a deputy in plain clothes who ordered her son, Blake Trump, out of the car, was an abuse of power and an act of retaliation. She also questioned the legality of special deputies serving warrants off government property; her son was parked on Harrison St. across from the Sheriff’s Office.

During the phone interview, Deputy Trump discussed the case of a former Clinton County K9 officer, Joey Mitchell, and his dog, Rip. She alleged that Sheriff Kelly gave a misleading account of Rip’s fate to the Commissioners, claiming that the dog was given to a company specializing in re-training police dogs when, in fact, he was given to a former jail officer who is the owner of the above referenced company. Deputy Trump expressed concern for Rip’s well-being and questioned the decision-making process that led to his reassignment.

Clinton County Today has not yet been able to independently verify the allegations made by Deputy Trump regarding former K9 Rip as well as the statements surrounding the enforcement of an outstanding warrant on her son.

Looking ahead, Deputy Trump acknowledged the uncertainty of her future with the Clinton County Sheriff’s Office. She indicated that if no further charges are filed, she would anticipate staying until retirement, but also acknowledged that the outcome of her EEOC complaint could impact her ability to remain with the department. She also expressed reservations about seeking employment with another agency due to the potential difficulty of obtaining a favorable recommendation from her current employer.

Deputy Trump concluded the interview by emphasizing her commitment to transparency and accountability. She stated, “I like being transparent. I like people, I don’t have anything to hide. So I don’t mind getting my story out there. And thank you for covering it.”

The audio of the interview can be found on Spotify or wherever you enjoy listening to podcasts.

Sheriff’s Merit Board Hears Deputy Trump’s Case, Audio Available

CLINTON COUNTY, Ind. (October 23, 2024) – The Clinton County Sheriff’s Office Merit Board convened on October 16, 2024, at the Clinton County Sheriff’s Office to hear arguments in the case of Deputy Melissa Trump, who faces termination following allegations of underage drinking at her residence and dishonesty during the ensuing internal investigation. The hearing showcased sharply contrasting narratives presented by the Sheriff Richard Kelly’s attorney, Tonya Bond, and Deputy Trump’s attorney, Adam Brower, with both sides leveraging witness testimony, body camera footage, and the results of a polygraph examination to bolster their arguments.

The Merit Board Membership and Role in the Hearing

The five member Merit Board is an administrative board made of three appointments by Sheriff Kelly and two appointments by the Merit Deputies.

The Merit Board rules for admission of evidence differs from a criminal hearing – most notably the admission of polygraph results. And, when making a decision the Merit Board must consider whether the Sheriff provided substantial, reliable, and probative evidence sufficient to reasonably support his recommendation of termination of Deputy Trump.

Sheriff’s Case Hinges on “Evasive” Conduct and Failed Polygraph

Attorney Bond argued that Deputy Trump had been “evasive” during the internal investigation conducted by Detective Roudebush, initially focusing on the technicality of physically handing alcohol to minors while downplaying her broader responsibility in facilitating underage drinking. She emphasized that Deputy Trump had failed to disclose her personal drinking that evening and had omitted a previous incident where she had been drinking with Tess – Teresa Short, the girlfriend of Deputy Trump’s son, Blake Trump – one of the underage individuals present at her home.

Attorney Bond further contended that Deputy Trump’s failure of the polygraph examination, administered by Officer Aaron Thompson from the West Lafayette Police Department, provided compelling evidence of her dishonesty. She highlighted inconsistencies between Deputy Trump’s statements to Detective Roudebush and her subsequent admissions during the pre and post-polygraph interviews with Officer Thompson.

Defense Emphasizes Procedural Errors and Lack of Concrete Evidence

Attorney Brower countered by focusing on procedural errors within the investigation and the lack of concrete evidence to support the allegations of lying. He pointed to inaccuracies in the initial reports filed by Noblesville Police Department officers, which had triggered the internal investigation, arguing that Detective Roudebush had relied on flawed information when questioning Deputy Trump. Attorney Brower also emphasized that Detective Roudebush had admitted to making a false statement to Deputy Trump during the internal investigation interview, further undermining the credibility of the investigation.

Attorney Brower challenged the reliability of the polygraph results, noting that even Detective Roudebush had acknowledged that a failed polygraph alone cannot definitively prove dishonesty. He argued that Deputy Trump’s confusion about the meaning of “providing” alcohol, coupled with her emotional distress and the pressure of the investigation, could have contributed to her deceptive responses during the polygraph.

Hypocrisy Claims Dominate Defense Argument

A recurring theme in Attorney Brower’s argument was the perceived hypocrisy of seeking Deputy Trump’s termination while Sheriff Kelly himself faced multiple felony charges and a civil lawsuit alleging financial mismanagement. Brower repeatedly pointed to the sheriff’s ongoing legal troubles, arguing that it was unfair to hold Deputy Trump to a higher standard than her boss, especially when the evidence against her remained unproven.

Sheriff Maintains Right to Enforce Rules Despite Own Legal Challenges

Sheriff Kelly defended his decision to pursue Deputy Trump’s termination, arguing that his own legal issues did not absolve him of his duty to uphold the standards of the Sheriff’s office. He maintained that Deputy Trump’s actions had eroded public trust and compromised her ability to effectively perform her duties as a law enforcement officer.

The Sheriff stated that although he is not under the rules of the Merit Board, he will stand in front of a judge and a jury of his peers to answer the charges that have been brought against him.

Testimony from the Clinton County Prosecutor

Clinton County Prosecutor Anthony Sommer’s testimony highlighted the strained relationship between his office and the Sheriff’s office. He expressed concern about the Sheriff’s failure to disclose Giglio information regarding other officers and stated Sheriff Kelly had presented only one Giglio notice to his office during the sheriff’s term and other notices he had to seek out himself.

Emotional Moment

Individuals who were identified as potential witnesses were held away from the hearing room.

So, when Attorney Brower called for Mr. Donovan Denham, Deputy Trump’s boyfriend, Denham entered the room and walked over to Deputy Trump and informed her her son had been arrested by the Clinton County Sheriff’s Office on an outstanding warrant from Marion County.

Blake Trump was in attendance to testify on behalf of his mother if needed. Blake Trump was released as a witness prior to testifying and was subsequently arrested. Deputy Trump testified she knew Blake had an outstanding warrant prior to coming to the hearing.

Decision

The Merit Board is expected to meet on Wednesday, October 23, 2024, to take a public vote on Deputy Trump’s fate.

Merit Board Hearing Audio Files

Nearly six hours of audio was recorded by Clinton County Today.

Note: The audio has been edited to enhance the audio level. No statements were edited.

Each audio session ends when a break is called and the next audio session begins when called to order.

There were a total of four breaks, yielding five separate audio files.

The audio is hosted on Spotify or wherever you get your podcasts – by searching Clinton County Today.

Spotify Player

Spotify Show Page

You may listen to the recordings below as well.

Audio 1

Notes for Audio 1.

What you will hear on the first recording:

Opening statement from Merit Board president John Wright followed by opening statements from:

Attorney Tonya Bond, representing Sheriff Kelly; and,

Attorney Adam Brower, representing Deputy Trump.

The first witness called by Attorney Bond was Clinton County Prosecutor Anthony Sommer.

Cross examination of Prosecutor Sommer by Attorney Brower

Re-direct of Prosecutor Sommer by Attorney Bond

Re-cross of Prosecutor Sommer by Attorney Brower

The second witness called by Attorney Bond was Clinton County Sheriff Office Detective Lieutenant Dan Roudebush. Detective Roudebush conducted the internal investigation.

This recording captures the audio from evidence introduced by Attorney Bond when played for the Merit Board.

The evidence included body camera footage provided by the Noblesville Police Department, in addition to audio from Detective Roudebush’s internal investigation interview of Deputy Trump and Deputy Trump’s pre-polygraph and post-polygraph interview with West Lafayette Police Officer Aron Thompson.

Audio from body camera – NPD Officer Lane Snyder

Audio from body camera – NPD Officer Krystal Watters

Audio from body camera – NPD Officer Christopher Heselschwerdt

Audio from body camera – NPD Officer Matt Whiles

Audio from body camera – NPD Officer Matt Lohrey

Audio from Lt. Roudebush internal investigation interview with Deputy Trump

Audio from WLPD Officer Thompson pre-polygraph interview with Deputy Trump

Audio from WLPD Officer Thompson post-polygraph interview with Deputy Trump

Audio 2

Notes for Audio 2.

What you will hear on the second recording:

Clinton County Sheriff Office Detective Lieutenant Dan Roudebush continues to give testimony of his internal investigation to Attorney Tonya Bond, representing Sheriff Kelly.

Attorney Adam Brower, representing Deputy Trump, begins cross-examination.

Attorney Bond re-direct of Lt. Roudebush.

Attorney Brower re-cross of Lt. Roudebush.

Attorney Bond calls Sheriff Kelly to testify.

Attorney Brower begins cross-examination of Sheriff Kelly.

Audio 3

Notes for Audio 3.

What you will hear on the third recording:

Prior to Mr. Donovan Denham taking the stand, the recording captures the moment Deputy Trump learns her son – Blake Trump had been arrested by the Clinton County Sheriff’s Office on an outstanding warrant from Marion County Indiana. Blake Trump was in attendance to testify on behalf of his mother if needed. Blake Trump was released as a witness prior to testifying and was subsequently arrested.

Attorney Adam Brower, representing Deputy Trump, calls Mr. Donovan Denham, the boyfriend of Deputy Trump, as a witness.

Attorney Tonya Bond, representing Sheriff Kelly, begins cross-examination.

Attorney Brower re-direct of Mr. Denham.

Audio 4

Notes for Audio 4.

What you will hear on the fourth recording:

Attorney Adam Brower, representing Deputy Trump, calls Ms. Teresa Short, the girlfriend of Deputy Trump’s son, as a witness.

Attorney Tonya Bond, representing Sheriff Kelly, begins cross-examination of Ms. Short.

Attorney Brower re-direct of Ms. Short.

Attorney Brower calls Mrs. Heather Dison as a witness.

Attorney Brower calls Mr. Jeffery Dison as a witness.

Attorney Brower calls Deputy Trump as a witness.

Attorney Bond begins cross-examination of Deputy Trump.

Audio 5

Notes for Audio 5.

What you will hear on the fifth recording:

Administrative Hearing Officer – Attorney Michelle Cooper – provides instructions for closing arguments

Attorney Adam Brower, representing Deputy Trump, begins closing arguments.

Attorney Tonya Bond, representing Sheriff Kelly, begins closing arguments.

Attorney Cooper provides instructions for deadlines to Attorney Brower and Attorney Bond.

Meeting adjourned by Merit Board president John Wright

Megan Sheets to Resign from Board of Works and City Council

Megan Sheets will resign her seat on the Frankfort City Council and Board of Public Works and Safety. (Photo/City of Frankfort)

FRANKFORT, Ind. (May 22, 2024) – Megan Sheets will resign her seat as Frankfort City Council member at-large and her appointment to the Board of Public Works and Safety according to Mayor Judy Sheets. The resignation is timed to moving out-of-state.

This is a developing story and updates will be made when available.

City of Frankfort to Purchase Land to Build 4th Fire Station

The City will add a 4th Fire Station to service the newly annexed area west of Donaldson and west of Interstate 65 and State Road 28. In photo, FFD Headquarters located at 257 South Clay Street, Frankfort, Indiana.

FRANKFORT, Ind. (May 20, 2024) – The Frankfort Board of Works gave the go-ahead to purchase 4 acres of land for $403,000 on the southside of State Road 28 at County Road 600 West. The land will be developed to house the City’s 4th fire station. The land purchase will be completed by Envoy as part of the City’s build, operate, transfer (BOT) agreement for the fire station build.

The decision made at the May 13th BoW meeting will allow Envoy to continue with its building design and develop a guaranteed maximum price for the overall project.

According to Frankfort Mayor Judy Sheets, the need for the 4th fire station is to honor an agreement with NHK when the City was contemplating annexation of land west of Donaldson to west of I-65 & St. Rd. 28.

The agreement between the City and NHK – dated February 11, 2021 – regarded fire services to be provided by Frankfort Fire and contained language that waives NHK’s “right to remonstrate against or otherwise oppose future annexation” of their real estate. The agreement further states, “the City will not annex the Real Estate with an effective date prior to five (5) years after the execution of this agreement.” According to the agreement, NHK will pay a total of $84,121 in 2024 for fire services. The agreement states, “The payments are based upon the real property taxable value of the Real Estate and the portion of the City’s tax rate attributable to fire service.”

The mayor is hopeful NHK will annex earlier than 2026 adding, “We have not had any conversations since then (when the agreement was signed)… I would think that we would hear soon from them.”

The mayor continued, “Once they annex in, then that’s where it starts our two years to get a fire station out there.”

The location of the new, fourth fire station is controlled by the 2021 agreement; “[T]he City intends to construct a fire station west of County Road 450 West and in the vicinity of the interchange of Interstate 65 and State Road 28.”

Regarding the $95,000 per acre price tag plus fees, the mayor said, “Unbelievable. Absolutely unbelievable. I never dreamed of that. Never dreamed that we would have to spend that.”

The timeline for construction beginning is dependent on when NHK annexation is finalized in addition to Envoy design, building costs, and the bonding process.

Dr. Rhoda to Media Outlet: “I don’t want you here”

Dr. Matt Rhoda
Community Schools of Frankfort Superintendent Dr. Matt Rhoda blocked access to a local media outlet during the customary interview session conducted in the community room across the hallway from the board room after the May 14, 2024 School Board meeting. (Photo/CSF)

FRANKFORT, Ind. (May 15, 2024) – At the conclusion of the Tuesday evening Frankfort School Board meeting – a night where the School Board heard the first reading of a new Civility policy – Community Schools of Frankfort Superintendent Dr. Matt Rhoda blocked access to a local media outlet during the customary interview session conducted in the community room across the hallway from the board room.

When Clinton County Today attempted to enter the room, Dr. Rhoda said to journalist Brett Todd, “I don’t have anything to say to you… I don’t have any comments for you.”

Asked why this approach was being taken given the Board had just had the first reading of a district wide Civility Policy – Policy 8521, Dr. Rhoda replied, “I think that you want to portray us in the wrong fashion and I don’t have anything to say to you.”

Clinton County Today asked, “What was the negative portrayal?”

Dr. Rhoda said, “The negative portrayal is painting us in a negative fashion about our whole band situation.”

“The band situation” is in reference to a March 29, 2024 article published by Clinton County Today titled, “Victims’ Mother Questions School and Police Response in FMS Band Teacher Alleged Misconduct.”

The article provided comments made by Dr. Rhoda to Clinton County Today in an interview conducted inside the CSF community room after the March 12th school board meeting as well as comments made to the victims’ mother during a March 8th meeting as recorded by the victims’ mother.

Clinton County Today left the community room upon Dr. Rhoda stating, “I need you to leave. I don’t want you here. I do not want to talk to you and I need you to respect that.”

CSF Announces Teachers of the Year

Community Schools of Frankfort 2024 Teachers of the Year announced at the May 14, 2024, Frankfort School Board. From left to right : Kelli Freeman - Blue Ridge, Vickie Vestey - Suncrest, Cormac Jewell - Frankfort High School, Larry Clinger - Frankfort Middle School, Amy Smith - Green Meadows. (Photo/Brett W. Todd)

FRANKFORT, Ind. (May 14, 2024) – Community Schools of Frankfort Superintendent Dr. Matt Rhoda announced during tonight’s school board meeting the building level teachers of the year for 2023-2024.

The following are the teachers recognized during the meeting.

Vickie Vestey – Suncrest
Amy Smith – Green Meadows
Kelli Freeman – Blue Ridge
Larry Clinger – Frankfort Middle School
Cormac Jewell – Frankfort High School

Frankfort Alumna Named New Frankfort High School Principal, “I am a proud Hot Dog”

Jennifer Miller, center in blue dress, was unanimously approved by the Frankfort School Board at its May 14, 2024, meeting to be the next FHS principal. In the photo with Miller are her two daughters and her fiancé. (Photo/Brett W. Todd)

FRANKFORT, Ind. (May 15, 2024) – Jennifer Miller, a graduate of FHS, was unanimously approved by the Frankfort School Board at Tuesday’s meeting to be the next FHS principal. Miller will take over for Cindy Long who had previously announced she would leave at the end of the school year to accept a position with the Indiana Association of School Principals.

“It’s an honor and a privilege to come back and serve alongside the teachers and serve the school community,” Miller said after the meeting. “There’s not many principals who actually get to come back and lead their high school.”

“It’s good to be home. I’m excited to continue to grow opportunities for all of our students in academics, athletics, and the arts. We’ll get right to work to make sure we are ready for the graduation change requirements that are coming up – so, we’ll hit the ground running.”

Miller currently is the principal of Logansport Junior High School. She previously served as assistant principal at Logansport Junior High School, principal and assistant principal at Twin Lakes High School, and taught English at McCutcheon High School and Frankfort Middle School.

She received her bachelor’s degree in English education from Purdue University, master’s degree of education as well as an administrative certification from Indiana Wesleyan University.

Frankfort to Prepare Replacement Plan for Street Warning Signs

The "School Zone" sign in the photo could become one of the 3,500 street warning signs that would be replaced if the city receives a Highway Safety Improvement Program grant from the Indiana Department of Transportation. (Photo/Brett W. Todd)

FRANKFORT, Ind. (April 24, 2024) – Frankfort Street Department Superintendent Jason Forsythe is hopeful the next few months of work will result in a $1million grant to replace warning signs – stop signs, yield signs, white and yellow signs – throughout the city.

Forsythe was given approval by the Board of Works (BOW) Monday to begin the process to work with representatives from Butler Fairman & Seufert (BF&S) to inventory all those signs and develop a cost associated for their replacement – something that presents a challenge as the project future start date could be four to five years out and the need to project what signs might cost in the future.

The grant is made available by the Indiana Department of Transportation (INDOT) via the Highway Safety Improvement Program (HSIP). The grant is 90-percent, 10-percent – leaving the city to budget for the 10-percent.

“This is a long process,” said Chris Milne, GIS Manager for BF&S.

Milne noted the application is due by the end of November 2024, early December 2024 with announcement of the awarded grants in Spring 2025 with programs beginning four to five years out.

Milne provided the city has “a significant amount of signs.”

After the meeting, Forsythe shared he thought the number of signs that would be included in this grant to approach 3,500 with a sign replacement cost of $1million to 1.2million with the city needing to budget approximately $100,000 for its contribution after the grant is applied.

The completed grant application will also include BF&S developing a web-based sign management asset tool allowing the city to track replacement of signs moving forward regardless of the grant being awarded.

The BOW unanimously approved moving forward with the grant application and web tool with BF&S with an upfront cost not to exceed $10,000 which will be billed hourly.

Frankfort Summer Concert Series Dates and Sapphire Bay Opening Announced

Frankfort Summer Concert Series Dates and Sapphire Bay Opening Announced

FRANKFORT, Ind. (April 22, 2024) – The City of Frankfort has announced its full list of free concerts and events for all ages activities for the Summer 2024 season – kicking off the concert series on May 9th.

The Frankfort Parks Department has scheduled Memorial Day weekend for the opening of the Prairie Creek Park Splash Pad, the TPA Park Aviary & Petting Zoo, and Sapphire Bay at TPA Park.

Summer Events include:
• 5/09/24 Downtown TuneNight – Grace Scott Band
• 5/11/24 Summer Concert – Will Cullen followed by Cadillac Groove
• 5/17/24 Summer Concert – Josh Melton
• 5/18/24 Circle Park Bicycle Race @ Circle Park
• 6/07/24 Movie in the Park – Elemental
• 6/13/24 Downtown TuneNight – Nauti Yachtys
• 6/22/24 Summer Concert – Gem City Driffers followed by Gone 2 Paradise
• 6/29/24 Summer Concert – 90 Proof followed by Cook & Belle
• 7/04/24 July 4th Festival at TPA Park with Midnight Redeye and Levi Riggs
• 7/12/24 Movie in the Park – Wonka
• 8/02/24 Movie in the Park – Aquaman 2
• 8/08/24 Downtown TuneNight – Feudin’ Hillbillies
• 8/17/24 Summer Concert – Johnny Russler & the Beach Bums
• 8/24/24 Summer Concert – City Lites followed by Southern Accents
• 9/12/2 Downtown TuneNight – Moon Cats
• 9/13/2 Movie in the Park – Coco
• 9/21/24 RAICES Festival – Experience Latin America
• 9/28/24 Summer Concert – Oh Yes followed by Malachi Jaggers

Judge: “Prosecutorial immunity is absolute,” “even if… acts are alleged to have been done maliciously or corruptly”

Clinton County Prosecutor Anthony Sommer and Clinton County Sheriff Richard Kelly
Clinton County Indian Prosecutor Anthony Sommer (L) and Clinton County Indiana Sheriff Richard Kelly pose for a photo after the December 2018 swearing-in of elected officials held inside the Clinton County Indiana courthouse. (Photo/Facebook)

FRANKFORT, Ind. (April 20, 2024) – A Special Judge overseeing a lawsuit brought by Richard Kelly and his wife Ashley against Anthony Sommer – in which the Kellys allege, in-part, Clinton County Prosecutor Sommer provided “falsified documents” to a journalist “with intent to defame them” – has been dismissed.

Special Judge Bruce Petit reasoned Prosecutor Sommer – through “well established” “case law in Indiana” – “enjoys absolute immunity from civil liability” as the “actions taken by (Sommer), whether corrupt or not, directly fall within the function of the Office of Prosecuting Attorney.”

The seven-page order handed down by Judge Petit Friday afternoon details the Kellys’ suit, that “due to a political falling out between the parties, (Sommer) initiated criminal investigation of (the Kellys) by reporting the operation of the Jail commissary to the Indiana State Board of Accounts (SBOA)” which garnered media coverage.

One such media report on October 7, 2021, posted to “RadioMom 91.1/91.5”, drew the attention of Sommer who asked for a meeting with the journalist of the article.

The Kellys allege during an October 8, 2021, meeting between Sommer and the journalist,
“(Sommer) took issue with the facts as reported in (the journalist’s) article and insisted that (the journalist) revise his article to include additional income earned by Mrs. Kelly.”

Also during the meeting, “(Sommer) provided a document to (the journalist) which (Sommer) represented as a Jail Commissary Report prepared by the Clinton County Jail and as a result, were documents created by (the Kellys).

“This report alleged to contain accounting and mathematical data showing the transfer and disappearance of millions of dollars. It is (the Kellys’) contention that this report was falsified, (Sommer) knew it was a false report and provided it to (the journalist) in an attempt to harm the reputation of the (Kellys).”

Judge Petit called the alleged “falsified documents” the “most significant issue in the case.”

Adding, “(The Kellys) claim these documents contained false evidence that (Sommer) knew to be false which gave credibility to the allegation that (the Kellys) had committed criminal offenses.

“This is very disturbing to this Court and certainly could expose (Sommer) to possible criminal prosecution and/or severe disciplinary actions if proven.”

The Kellys have filed a disciplinary complaint with the Indiana State Supreme Court Disciplinary Commission according to an April 22, 2022, WLFI report. There has not yet been a public outcome provided at the time of this article.

The Kellys, who each face four Felony 6 charges, are set to stand trial beginning October 7, 2024, according to online court documents.

Note: The journalist referenced in the above case is the author of this article.

1 2 3 93
Go to Top