By Eric Flack
(LOUISVILLE) -- As the investigation into whether or not Todd Kelly really has ALS continues, his brother has come forward to say he believes Kelly is a fraud. Kelly is being investigated by state police for possibly faking ALS, or Lou Gehrig's Disease, then collecting over $150,000 in donations that he has yet to account for. In an exclusive interview with WAVE 3 Investigator Eric Flack, Kelly's brother even questions whether his own mother may be involved.
Speaking publicly for the first time, Doc Smith told us he's been suspicious of younger brother, Todd Kelly Smith, ever since Kelly announced he had ALS.
When asked if he believed Kelly truly suffered from ALS, Smith responded: "No, I don't."
And now, Smith says he suspects his own mother, Sybil, may know more than she's letting on. Sybil Smith helped her son, Todd, run the Todd Kelly ALS Foundation.
"It bothers me greatly to know how much she does know," Smith said. "I would think if her baby boy is getting accused of these types of allegations and she knows where the money went, then why not just come tell you?"
A state police investigator is looking into tens of thousands of dollars donated to his foundation -- money Kelly claimed would go to help other ALS victims, but has yet to account for.
At one point, Smith asked his brother where it all went.
"And I kid you not, the explanation was the most ludicrous, outrageous lie you have ever heard," Smith told us. "He said to me: the bank themselves automatically disbursed the funds out to people, and he really didn't know where it went."
"I said, 'you're lying, that's impossible. A bank won't do that.' Even then I said, 'your day is coming.'"
The former WDJX DJ has yet to prove he even has ALS, which he claims to have been diagnosed with in 2001. He is not registered with the Muscular Dystrophy Association.
And while many ALS patients are in wheelchairs four years into their illness, Kelly was walking just fine when we tracked him down earlier this month.
Smith also confronted his brother, the day after we first broke the story.
"Give me a pill bottle, give me a doctor's diagnosis, give me anything," Smith recalled, "and I will personally, as your brother, go with you to Eric Flack and show Eric this material."
But Smith says his own brother told him the same thing he told us when we asked for proof.
"He says, 'I can't; my attorney says not to.' And I was livid! I said, 'I am your brother. It has nothing to do with an attorney, it has nothing to do with Eric Flack. I am your brother. I am trying to help you here. What is it that you're hiding?'"
Kelly could face felony theft charges if the allegations are true. A disappointed brother thinks that they are.
"And I'll say to him, on camera, as I'd say to his face: if I'm wrong and you bring it to me and you prove it to me, I'll go back to the media and I will publicly apologize."
But, Smith added: "I don't think I'm wrong. I think when we get down to the bottom of it, I think it will be worse than we thought it was."
Smith says his brother has a history of faking illnesses. In the 90s he says Kelly told a church congregation glaucoma was making him go blind.
In 2004, Kelly sent out a letter telling everyone that, in addition to the ALS, he had cancer and was going to lose a leg. Another condition Kelly has yet to prove.
"Eric, he should be dead by now if he had all of this," Smith said.
And Smith told us what bothers him almost as much as his brother's silence, is the silence of those around him.
"There should be some doctor running to WAVE 3, saying 'Eric, get off his back.' Donors would be running to the station saying to you, 'Eric, he gave me this, he gave me that.'"
But that hasn't happened.
Kelly was scheduled to be interviewed by state police Wednesday, Jan. 25th.
Smith says "I would be a lot more forgiving if you just come out and said 'I've got this problem,' than I would for you to keep lying and scamming and lying and scamming and lying and scamming, until finally the justice system will do what they got to do."
We asked Smith what he would say to his brother if he were with us during the interview. "I would say: 'give it up. Come clean.'"
Todd Kelly's mother wasn't available to comment for this story.
SPECIAL NOTE: The on-air version of this story showed a photo of Todd Kelly at a Mint Jubilee fundraiser. Officials with that organization asked us to mention that Kelly had nothing to do with that fundraiser.
Online Reporter: Eric Flack