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| Former Ky. Juvenile Justice Commissioner Wants Good Name Back |
| By Associated Press |
| Published: 06/04/2003 |
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Ralph Kelly, 65, the former commissioner, said he was disappointed when a Manhattan Criminal Court judge ruled a mistrial after the jury could not agree Monday. He said, however, that reports from jurors that they were deadlocked at 5-1 in favor of his acquittal was encouraging. ''I wish it had been an acquittal, obviously, because I am innocent,'' Kelly said. Kelly was facing misdemeanor charges he sexually assaulted a 21-year-old man from Lexington while on a trip to New York. The man alleged Kelly groped his genitals during an overnight stay in a Manhattan hotel suite. The judge set June 2 as the tentative date for Kelly's retrial. Kelly resigned his post as commissioner in September, following his arrest and subsequent criminal charges. He has maintained his innocence and says he was forced to resign his $91,000-a-year position after Kentucky Justice Secretary Ishmon Burks Jr. learned of the charges. Now Kelly said he wants his reputation back. The state appeals board could vote on Kelly's appeal April 11, Personnel Board Executive Director Hanson Williams said. The panel is deciding whether Kelly essentially has standing to bring an appeal before them. Because Kelly was considered a non-classified state employee, he should not be allowed to appeal before the board, said Anita Britton, a lawyer representing the Justice Cabinet. Cabinet officials also maintain Kelly's resignation was not forced out of him, Britton said. ''First and foremost, our position is that he resigned,'' Britton said. ''But if he was discharged, he could have been discharged for even a bad reason or no reason at all.'' A hearing officer on March 3 recommended the panel deny Kelly's appeal. The recommendation, which is up to the board to accept or reject, also calls for Kelly's appeal to be dismissed. Bill Moore, Kelly's lawyer, said he expects the board to rule on the appeal shortly, either Friday or at its next meeting. He said if the board rules against Kelly's right to appeal his dismissal, the case could go to state or federal court. Kelly was recruited to become commissioner of the Department of Juvenile Justice when it was created in 1996. The agency operates a network of juvenile boot camps, detention centers, treatment centers and group homes. Moore said Kelly is seeking a ruling that he did nothing wrong and that there was not just cause to fire him. Kelly maintains he was forced into signing the resignation and did not have a chance to explain himself properly. He said he was forced to resign before he even returned from his arraignment in New York. ''The Justice Cabinet acted hastily and arbitrarily and never bothered to hear my side of the story,'' Kelly said. |
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