Updated Mon, Sep 16, 2013 5:58 pm
WOUB Editor’s Note: Sheriff Pat Kelly has taken his attacks on Prosecutor Keller Blackburn, Ohio Attorney General Mike DeWine and Judge L. Alan Goldsberry directly to his Facebook page. He is using the direct approach instead of going through the media. We are sharing exactly what he said as it was posted sometime after 4 p.m. on Monday, Sept. 16th. It should be noted, however, that WOUB has audio from AG DeWine saying that no names of informants will be made public. That argument is also made in the memorandum of law filed last Friday by the Assistant Attorney Generals in this investigation. See our story for copies of the documents and the audio interview with DeWine.
Here is what Pat Kelly posted on Facebook, without editing:
about an hour ago
Please feel free to share this post with all your friends. . This is not the media's attempt to sensationalize a story, this is straight from your sheriff.
As you may have heard I am in disagreement with the attorney general's office regarding releasing of information related to confidential informants. My complaint with the subpoena that requires confidential informant’s names and files to be produced without a specific case or event is compromising the integrity of communications between a law enforcement officer and his confidential informant and is irresponsible and unwise and thus jeopardizes the future abilities to communicate with informants.
The release of confidential information places the lives of informants, the informant’s families, law enforcement and the law enforcement officers families and many unsuspecting citizens in harm's way, even death if information is released.
And also, the subpoena request of an entire agencies confidential informants is unprecedented and will have extending ramifications in the law enforcement community. We rely on information provided by paid and non-paid informants to operate covert situations.
Like Sheriff Patrick Kelly or not, other law enforcement agencies should be paying close attention to these subpoenas.
Before Dewine quashes my first amendment right to share information with you, allow me to offer a timeline.
August 30, 2013,
BCI&I, an arm or Attorney General Mike DeWine’s Office, served me with a Grand Jury Subpoena from Special Agent Kevin Cooper of the BCI&I requiring me to provide any and all records related to confidential informants maintained/ utilized by myself and any of my deputies and any other employees, agents or persons acting on behalf of the Athens County Sheriffs Office for records containing the following information:
September 10, 2013
On September 10, 2013, I sent the following letter to Keller Blackburn:
Dear Prosecutor Blackburn,
On September 9, 2013, I sent a letter to Judge McCarthy requesting a subpoena by BCI&I be quashed relating to confidential informants under the care of the Athens County Sheriffs Office. See attached letter.
I received a reply from Judge McCarthy that my request would have to come in the form of a motion.
I am requesting you, as my legal advisor, prepare the following motion on my behalf.
September 13, 2013
I receive a faxed letter from Prosecutor Blackburn advising me there was no legal grounds to quash the subpoena and that the attorney general was filing a motion against me compelling me to turn over files. Also Blackburn wrote, “ The Athens County Prosecutors Office represents the Office of the Athens County Sheriff and not you individually. The Office of County Prosecutor is not able to provide legal advice or represent Patrick Kelly.
September 16, 2013
Letter to Blackburn in response of attorney generals motion
September 16, 2013
Athens County Prosecutor
Dear Prosecutor Blackburn,
On September 10, 2013, I requested you, as my legal advisor for the Sheriff of Athens County, prepare a motion on my behalf as Sheriff of Athens County to quash a subpoena relating to confidential informants under the care of the Athens County Sheriffs Office .
You told me on September 10, 2013, you would contact the attorney general and request the narrowing of the scope of the subpoena in regard to confidential informants, and if the attorney general would not be specific as to what he wanted, you would prepare the motion to quash the subpoenas.
In your letter dated September 13, 2013 you stated there is not a legal basis to quash the subpoena. I disagree. That is the purpose for a motion to quash. That is up to a Common Pleas Court Judge to decide.
I attached the following reasons in my request to you on September 10, 2013 and they are not unreasonable. They merit favor and explain exactly why the mentioned subpoenas should be quashed.
I am requesting you QUASH this subpoena for the following reasons.
1. If BCI&I Agent Kevin Cooper has a specific confidential informant he has interests in,
he should name that individual.
2. To require confidential informant’s names and files to be produced without a specific
case or event is compromising the integrity of communications between a law
Enforcement officer and his confidential informant and is irresponsible and unwise and
thus jeopardizes the future abilities to communicate with informants.
3. This subpoena request of an entire agencies confidential informant is unprecedented
and will have extending ramifications in the law enforcement community. We rely on
information provided by paid and non paid to operate covert operations.
And finally you stated in your letter to me date September 13, 2013, “ The Athens County Prosecutors Office represents the Office of the Athens County Sheriff and not you individually. The Office of County Prosecutor is not able to provide legal advice or represent Patrick Kelly. If you feel you need representation for your own criminal or civil liabilities, you will need to hire a personal attorney.”
I believe you as the Prosecutor of Athens County, have lost sight of your responsibilities as prosecutor. You have taken your personal feeling for me and allowed your immaturity to cloud your responsibilities.
My request to quash these subpoenas were requested in the best interests of law enforcement county wide and came to you from Sheriff Patrick Kelly on office letterhead.
If you choose not to represent me as Sheriff and my office, please stand down and do not stand in the way of the county commissioners approving funds to have outside counsel provide accurate counsel that is in the best interests of Athens County.
If I can answer any questions, please contact my office.
End of letter
In a subpoena issued by BCI on August 30, 2013, that made headlines in all our local media, BCI&I made public the names of four office holders they want files on. I did not release the names of the four, BCI did in their subpoena.
1. Now they want me to believe any information I may or may not of had on confidential informants will be safe with the investigative grand jury. Really, BCI&I released names of four office holders my office may or may not of had information on that remained confidential for 3-4 years.
2. The BCI subpoena named Judge Alan Goldsberry as one of the four people they were requesting a file on. The motion the attorney general filed in common pleas court to compel me to turn over any information I may or may not have, was with Judge Alan Goldsberry. Think I will win this motion?