I will have an analysis of the Sigler filings soon. All three filings will be available here in PDF format tomorrow.
From the Journal Gazette
In a motion filed Friday, along with a lengthy response to the defense’s motion to dismiss the nine-count criminal indictment, special prosecutor Dan Sigler asked Allen Superior Judge Kenneth Scheibenberger to permit portions of the grand jury testimony to be included in the public record of the case.
[…]
Since then, Kelty has made numerous public statements that have “gone beyond simply professing his innocence and which have directly intimated the charges were falsely brought and the prosecution politically motivated,” Sigler argued.
Such statements are an attempt to undermine the public’s trust, Sigler said.
Kelty believes he’s innocent and has every right to proclaim it. The sealed documents contain all of Kelty’s grand jury testimony. Sigler wants to make public “a portion” of them. In other words, only the portions that he thinks will sway the public’s belief in Kelty’s guilt. Sounds like he’s been taking lessons from Tracy Warner and Ben Lanka.
I have a lot of reading to do tonight, but expect something soon.
DT
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I need a beer.
As a lawyer, Sigler should be concentrating on the battle in the court room, not for public opinion. But even worse, requesting that just a portion be released makes no sense. There may be legal reasons why certain parts can’t be released (I don’t know this, just speculating). But regardless, he should have enough sense to realize that this would look biased to many of same the people he seems to be focusing his attention on (public at-large vs. jurors).
Someone should consider disbarring Sigler for making such a moronic request. At the least, Scheibenberger should remove him from the case for exhibiting such an obvious lack of professional behavior.
You know, this really is a strange situation. Personally, I think Kelty is guilty. I also think he has made things worse, for himself and the public, with his cries of “The MAN is out to get me!” Yet it appears to me that the man who is supposed to be prosecuting Kelty in a fair and unbiased manner is actively trying to fulfill the role which Kelty has assigned to him.
I sure hope this issue is resolved before next years elections. I’m not sure if even the durable blogosphere could contain that much pressure without exploding.
Don’t you just love Special Prosecuting Attorneys.
The more cases a prosecutor attonery wins, the more likely that person will become a Judge down the road.
Shame on the prosecutoring attonery. And shame on the Judge that listens to the hyperbole.
We elect Judges in Indiana. Remember that when this frivolous case goes to trial, it is paid by your hard earned taxed money.
Motions are filed everyday in courts. This is no different.
I am shocked that folks think Sigler went over a line- what about Kelty’s famous “motion to dismiss”? I had a lawyer friend look it over and he called it “laughable”.
Matt Kelty can profess his “innocence”. Matt Kelty does NOT have a right to accuse the Prosecutor of politically motivated actions. If he does, then the prosecutor has a right to defend his actions, and releasing relevant portions of the testimony will show that Matt Kelty perjured himself before the Grand Jury.
Kelty’s attorney’s will fight this point, and most likely win. However, nothing will stop the truth from coming out in trial.
My goodness …attempting to prosecute a criminal case through the media. What a unique idea! Can we say MIKE NIFONG?
Sigler is an arse and a wanna-be used car salesman. Its a loan, no its a gift, no its a sham loan, no I just want to be respected, somebody help me…. pleeeze!!!! I am an impaired attorney!!!! and I demand some respect!!!!!
It is sad what Sigler is trying to do. It appears that he wants to release portions of the testimony to sway public opinion…even insinuating it in his interviews. As a prosecutor, Dan Sigler should know that the only place he needs to win his case is in the courtroom. Public opinion is mute and releasing this info could make it impossible for him to find an impartial jury…something that I think might already be hard to do in the areas covered by The JG and Jeff Neumeyers biased reporting on WPTA.
Kevin,
I had a lawyer friend look the motion to dismiss over and he said it had legs and was legit. My guess is your friend was a democrat and my friend was a republican. Needless to say, Sigler was only supposed to file a response to the Motion to Dismiss. This response over-stepped those bounds and attempts to try and prosecute through the Media. His ego is going to get the best of him (but prosecutors have to have huge ego’s…look at Karen Richards). He now is trying to take whatever steps are necessary to save face instead of trying to win this case within the Law.
Machine,
I would disagree.
Kelty’s defense is “it depends on what the definition of the word “is is” and that will not fly in court.
Kelty has EVERY right to say he is innocent. I do NOT think he has a right to say that the charges are “politcally motivated”.
Bottom line- Sigler has already stated that there has been testimony that goes against Kelty’s statements- if that is true, he will be found guilty.
I’m reading everyone’s opinions and frankly, I think many of you are all too sure of yourselves. Only one thing is true with our screwed up judicial system, and that is, ANYTHING can happen… and what we think is true can be disproved or at least reduced to speculation at best. All we can do is wait and see. But honestly, I am failing to see the fallout of this in next year’s election if this drags on. In my opinion, Mark Souder has already self-imploded unless he’s running against a schmuck. I have purposely been avoiding the news lately… anyone know who this mystery-opponent will be?
Oh… read that Tom Henry will accept a pay raise. I’m so glad to know he’s already doing such a bang up job that people want to financially reward him. My gosh.
So why have a trial then Kevin?? If you and Sigler says he is guilty, that is good enough for me!!
“IF” there is anything close to a “silver lining” in this overly-adjudicated cloud, it’s that Judge Kenny is present…and he has a LONG record of “turning ‘em all loose”!
Let’s wait and see…shall we?
I’m w/Carol on this one.
B.G.
Kevin,
We all know this whole fiasco was politically motivated. While the argument exists of which party started the whole situation (it was probably not a party but an Individual who says he is a Republican yet served on the transition team that was behind all this in the first place), it is mute that basis for this whole case was political motivation to influence the result of an election.
Had a loan been given in this matter to Nelson Peters, these issues would have never seen the light of day…so Kelty is within his rights to believe that on the whole…this case was politically motivated. Now to say that Sigler had direct political motives may be incorrect…but he has never claimed that Dan Sigler had a personal political agenda against him, just that the WHOLE sitatuation was politically motivated.
That said, I do believe Dan Sigler has a personal political motivation/agenda in this case. A lose would severely hamper his political cred with the Democratic Party and his overall standing in the state. It would also further harm his attempts at future political office while it would give a boost to Kelty’s chances should he run for another office because he will have been seen as a martyr then.
Regardless, Sigler’s argument to allow the partial testimony to become public record will most likely be denied by the court. You even agree on that. The defense has always had the advantage when it comes to winning public appeal. It is the job of the prosecutor to win the case in the courtroom in front of the Jurors and that is the only place the testimony needs to be heard. Sigler should realize this and not concern himself with what the populous thinks. The majority of the population thought this whole issue was politically motivated before it even got to him and it was further impacted as politically motivated when Common Cause, with whom Democrat Andy Downs used to be a board member, filed the complaint…and you would have only added fuel to the political motivation storm had you filed the complaint.
No Sam Fan,
Great.
Save the taxpayers some money.
FOUR WORDS: Whitley County Big Boys
Kevin,
I agree that Kelty’s motion to dismiss was bizarre. It’s like someone saying “Sure, I admitted to the crime, but I did so before I was Mirandized so it shouldn’t count.” Legally that person may be absolved, but everyone that hears this will know he’s really guilty! And there have been other things said by Kelty that I felt were equally bizarre.
But Kelty is the defendant here. The line for him and Sigler is not the same one. It does not matter how much whining and pandering for public sentiment that Kelty does. This is no reason for Sigler to follow suit. For him to try to bring his case into the public forum before the trial is unprofessional. It shows a lack of judgment.
But when Sigler requests that only a portion of the testimony be released he calls his own ethics into question. Kelty is accusing him, among others, of initiating a political witch hunt. Sigler responds by turning to the public and saying – I can prove to you that I’m right, but I will only show you the parts of the document which support my claim.
How’s this for a solution? We send the case out of state. We don’t tell the jurors there anything about the political issues of our city. We don’t identify Kelty’s political affiliation in any way. I think that’s probably the only way this issue will ever be resolved fairly.
“I do NOT think he has a right to say that the charges are “politcally motivatedâ€.”
Kevin, please tell us what article or amendment of the Constitution you believe denies Matt this right.
Kevin …
How can a Democrat object to the “definition of ‘is’ defense that worked so well for Bubba?
So do you think Bill Clinton was guilty as well?
Is he kidding?
Prosecutor Sigler says of Kelty proclaiming his innocence (an innocence we all have by right until proven guilty, yes even Mr. Kelty), “[Kelty's] statements are an attempt to undermine the public’s trust”. Yet since August, both papers in town have run some variation if these 4 paragraphs in every story that has referenced Kelty;
“In August, a grand jury convened by Sigler issued a nine-count indictment against Kelty alleging improper handling of campaign contributions and that he lied in his testimony to the grand jury.
Five of the felony indictments deal with how Kelty reported a $150,000 loan he received from Fred Rost, former campaign chairman and head of Allen County Right to Life, and another $10,000 he received from Steve and Glenna Jehl, his campaign manager.
Two additional felony counts allege perjury in his testimony regarding a Zogby opinion poll conducted before the Republican primary.
The remaining two counts are misdemeanors, recklessly commingling funds, stemming from how he handled his personal versus campaign money.”
Yet it is Kelty, with his now irrelevant website and pitiful plee for financial assistance that is undermining the very basis of the legal system upon which this great nation was founded (cue The Battle Hymn of the Republic).
A reporter once told Kelty, “My editor makes me add those paragraphs in every story.”
Sigler is trying his case in the papers knowing he doesn’t have a case in court, and it appears the JG & NS are helping him by sitting 2nd and 3rd chair for him.
Fourth Estate or Fifth Column?
Phil,
I think that Sigler has accomplished what he set out to do. He has publicly stated that other testimony REFUTES what Kelty said under oath.
John,
When Kelty uses the term “politically motivated” he is accusing the GRAND JURY of political bias. Likewise, when he is convicted, it will be “politics”.
Gadfly,
My point exactly! It DID NOT work for Bill Clinton. Yes, I believe Bill Clinton committed perjury. Having said that I also want to note this: Ken Starr was investigating a land deal- and strayed VERY far from that to find something to accuse Clinton of. Whitewater itself NEVER resulted in any charges.
The Grand Jury followed the original complaint- and did not have to look to far to find violations.
The real question is will we hear from Kevin again or is he finally taking those guitar lessons he said he wanted. Time will tell.
Machine,
I probably won’t start those lessons until my birthday- in March!