Kelsey claims ‘diminished mental capacity’ in sex charges

ST. LAWRENCE COUNTY, N.Y. — Dutchess County Legislator Michael Kelsey (R-25) stands accused of first-degree sexual abuse and two misdemeanor counts of endangering the welfare of a child. On Aug. 13 his attorney filed a court document stating that Kelsey lacks criminal responsibility due to mental health issues.

Kelsey, a Salt Point resident and local attorney, was indicted by a grand jury in St. Lawrence County Court on June 30. That indictment is based on charges that he sexually molested two 15-year-old Boy Scouts while on a camping trip in August of 2014. Kelsey was then leader of the Fishkill Boy Scout Troop 95 Venture Patrol.

At the time of the indictment, St. Lawrence County District Attorney Mary Rain stated that Kelsey “touched a 15-year-old male victim on his penis  for sexual gratification and attempted to do the same to another.”

On Thursday, Aug. 13, Kelsey’s attorney filed a notice of intent with the court indicating that Kelsey has “lack of criminal responsibility by reason of mental disease/or by reason of mental defect … and that [his] mental disorder will show lack of specific intent to commit the crimes of sexual abuse in the first degree, attempted sexual abuse in the first degree, forcible touching and endangering the welfare of a child.”

Kelsey’s attorney, Gary Greenwald, stated that his client “intends to present upon the trial of this action psychiatric evidence that at the alleged time of the offenses charged … the defendant had diminished mental capacity for the perpetration of the offenses due to mental disorders.”

Those disorders include: childhood neglect and extended maternal separation, dysthymic disorder, cyclothymic disorder with anxious distress, obsessive compulsive disorder (OCD) and depressive personality disorder. 

Dysthymia is “a mild but long-term form of depression,” according to the Mayo Clinic, which states that one of its symptoms is “trouble concentrating and trouble making decisions.”

Cyclothymia is “a rare mood disorder,” according to the Mayo Clinic, which states that one of its symptoms is “poor judgment that can result in risky behavior or unwise choices.”

When asked if the filing was tantamount to an admission of guilt, Kelsey said to The Millerton News “no,” it wasn’t.

“Oh not at all,” he said. “Not at all.”

According to Kelsey the reason his attorney filed the notice of intent was because “it’s required by law to be filed” to establish that specific defense. The notice of intent may be used to suppress statements Kelsey made following his arrest, on Dec. 15, 2014.

“The media seems to be having a field day with it, but it’s really, if you’re going to present evidence you have to,” Kelsey said, “because at the time of my arrest I was under medication and so it’s something that is required by law.” 

Rain said that the filing does not affect the prosecution of the case.

“It only affects how the defense chooses to proceed,” the district attorney said. “It can be a plausible defense in any criminal case but, I will wait to see what the defense’s motion provides.

“The defense has an opportunity to file any motions they think appropriate,” Rain added. “We respond. The court either makes a ruling or has a hearing before making a ruling.”

The prosecution will also have its psychiatrist evaluate Kelsey.

There’s no trial date set as of yet, though Rain said it’s usually about a year after the arraignment or indictment.

Kelsey, meanwhile, is running for re-election in November, though he did not win the endorsement of the Republican Committee. He will battle it out in a Republican primary against Salt Point resident Sandra Washburn, who was endorsed by the Republican Committee.