WAVE 3 TV Louisville, KY | Commonwealth Moves To Hold Kelly In Contempt After He Misses Court Appearance

Commonwealth Moves To Hold Kelly In Contempt After He Misses Court Appearance

By Eric Flack

(LOUISVILLE, Feb. 14th, 2006) -- More twists and turns Tuesday in the Todd Kelly case. For the second straight week, Kelly skipped out on a grand jury appearance. And the Commonwealth's Attorney's office says the man accused of faking ALS faked more medical problems to get out of the latest meeting. It's just one more bizarre development in the investigation into whether Kelly stole as much as $100,000 in donations meant for ALS patients. WAVE 3 Investigator Eric Flack has an update.

Now The Commonwealth's Attorney's office has lost patience with Todd Kelly Smith. After putting off meetings with state police investigators and the grand jury, assistant Commonwealth Attorney Todd Lewis made it clear the case is not going away.

"I don't know what Mr. Smith thinks," Lewis said outside the courtroom Tuesday. "What I know is that the grand jury wants some documents from his foundation and they better get them."

Financial records from the Todd Kelly Foundation for ALS were subpoenaed in January. When Kelly didn't produce them yet again Tuesday, Lewis filed a motion to hold him in contempt of court.

The motion says Kelly checked himself into a Saints Mary's & Elizabeth Hospital in Louisville on Saturday, complaining of chest pains and dizziness, to avoid having to appear in front the grand jury.

"When we conducted an investigation his so called hospitalization over the weekend," Lewis told Judge Steve Mershon at the hearing, "the indication was they didn't think anything was wrong with him and they were trying to get him out the door, and he was refusing to be discharged."

Lewis says the hospital forced Kelly to leave on Monday, but his chair was empty during Tuesday's proceedings.

His attorney, David Mejia, did hand over between 150 and 200 pages of documents, but made no promises about what is in them.

"Can you stand here today and tell us that Todd Kelly will be able to account for all the money that's been donated to him over the years?" Investigator Eric Flack asked Mejia as he was leaving the court.

"We are complying with the grand jury subpoena, and I can't begin to answer what you are asking me," Mejia replied.

Mejia is asking the public not to rush to judgment, pointing out that Kelly has not been charged with a crime.

"He isn't charged with anything," Mejia said. "No one has made an allegation that I know of against him -- other than some news reports that obviously you're doing here. But unless and until that time comes, there isn't anything to reply to or respond to in the way of an allegation."

Kelly claims to have been diagnosed with ALS back in 2001, but shows no signs of the degenerative disease. Over the years, the foundation he set up in his name has raised tens of thousands of dollars in donations that were supposed to help other ALS patients.

Judge Mershon did not hold Kelly in contempt of court. But he did issue a court order for him, or someone with knowledge of his foundation, to appear in front of the grand jury March 2nd.

If Todd Kelly doesn't appear, Lewis says the only person who knows enough about the foundation to stand in would be his mother, Sybil Smith. She served as the Foundation's director.

Online Reporter: Eric Flack

Online Producer: Michael Dever