What Carol said. And if it were me going to court up against so many felony counts, I sure as hell would not to want to rush to trial. That would be foolish.

Ken

Anyone who reads these documents can see, he did tell the truth.

No one controls the court docket but the court. It doesn’t matter who requests what.

From what I understand, the court transcripts where not made available to the Kelty team until about 3-weeks ago, just before the inital court date set in Oct. That must be why Kelty’s attorney’s requested a new court date in Dec, they hadn’t even received the court transcripts before the original date set in order to even begin a brief.

I know this may be a new concept for you Kevin, actually having the information before making an informed argument.

silly analogy, I know, but if it was YOUR guy on the ropes, you’d be going around reminding people that “hey, they’re only accusing him of lying. The burden is on the prosecution to PROVE that he is lying. But until then, we have to presume his innocence.”

And you know it.

Kelty was very wise to request the trial stay until after the election… even if he didn’t, it could not have been so. Much to your disliking, people are actually paying attention to the ISSUES of the debates and what he is actually saying about his plan for Ft Wayne. I’m sure people who are undecided are moving closer toward being able to make a decision about one of the candidates, be it Henry or Kelty… but it’s based on the issues. If Kelty were in the middle of a trial right now, the issues would be drowned out and he wouldn’t stand a chance~ You know it. And that is why you would have liked the trial to proceed prior to the election.

Ken, Kelty could have settled this whole thing if he had requested the trial be held BEFORE the election.

What stops the next person or persons from grabbing both Henry’s and Kelty’s reports and saying that someone gave money to John Jones to donate to each of them. I think our people down at state may have thought of that and required it to go through the local election board.

There appears to be no provision to appeal the ruling. But maybe some place else in the state code a person can appeal the ruling. But an appeal was not made.

I guess we can all toss out our beliefs and one of us will be right. That and one dollar will get you a double chesseburger at the new Mac out on South Anthony.

Ken

“If the Commission or board determines that a felony or misdemeanor violation of the Campaign Finance Act “may” have occured, the violation must be reported to the appropriate prosecuting attorney… a prosecuting attorney is responsible for prosecuting criminal violations of the Act, and may file criminal charges follwing referral by a county election board.”

Sounds tome like the election board is indeed “charged with interpreting and enforcing”. They are enforcing their belief that a candidate violated campaign finance laws by referring the information and report to the prosecuting attorney. Hmmm~ That didn’t happen with Matt Kelty, did it.

I don’t see anything in this “motion to dismiss the charges” any reference to their job of “determining guilt”. That is not what is being implied in this paragraph.

Section 1- page 10 under “indictment”

“..to surmise how only 3 weeks later concluded that Kelty violated the same laws, which the very board (referring the the Allen County Election Board) that is statuatorily charged with interpreting and enforcing…”

WRONG- 100% Wrong.

The election board cannot determine guilt- they can only submit the matter to a Proscuting Attorney as laid out in IC 3-6-5-31.

The TRUTH is WE DO NOT KNOW what the Grand Jury heard. We only know snippets.

If I were Kelty’s lawyers, I certainly would ask the testimony to be sealed.