Kelsey defends notice of intent

SALT POINT — Dutchess County Legislator Michael Kelsey (R-25) claimed “mental diminished capacity” regarding the sexual molestation charges facing again him on Aug. 13. Last week, Kelsey spoke further on the record about why that filing was submitted to the St. Lawrence County Court.

“The notice was required to be filed 30 days after arraignment if we intended to introduce psychiatric evidence,” he stated in an interview with The Millerton News. “We do.”

Kelsey, a Salt Point resident and attorney by profession, was indicted for first-degree sexual abuse and two misdemeanor counts of endangering the welfare of a child on June 30. His arrest in December 2014 stemmed from charges that he sexually molested two 15-year-old Boy Scouts while on a camping trip that summer near Cranberry Lake, in St. Lawrence County. Kelsey was then leader of the Fishkill Boy Scout Troop 95 Venture Patrol.

Attorney Gary Greenwald filed the notice of intent for Kelsey, which stated his client 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 …”

“We have 45 days to file motions,” explained Kelsey. “The primary purpose is that following my knowledge of these allegations in October I realized I needed professional help for depression, and that after years of advocating for others to get help when needed, I swallowed my pride and got a doctor and counselor. One medication led to another, and at the time of my arrest I was experiencing the side effects of one medicine, and the withdrawal effect of the other. Police, who had advance knowledge of my condition, took advantage of this to my detriment.

“I always held myself out as an advocate for mental health parity and criticized the government for its treatment of those who struggle with it. Now I get to lead by example,” he said. “I do know right from wrong.” 

Kelsey, whose district includes Millbrook, Washington, Amenia and the eastern portion of Pleasant Valley, is seeking re-election this fall. See story Page A6.