Kelsey defense leads to more questions

The criminal case against Dutchess County Legislator Michael Kelsey (R-25) has been troubling from the start. Accused of one count of first-degree sexual abuse and two misdemeanor counts of endangering the welfare of a child, Kelsey’s attorney, Gary Greenwald, has recently filed a notice of intent stating his client has diminished mental capacity and is therefore not responsible for any possible crimes. (For full story turn to Page A1.)

When asked directly if the filing should be seen as an indication of guilt, Kelsey said, “Not at all.”

OK. But certainly the notice of intent raises more questions than it answers.

According to the filing, Kelsey has multiple mental disorders, including: childhood neglect and extended maternal separation, dysthymic disorder, cyclothymic disorder and anxious distress, obsessive compulsive disorder and depressive personality disorder.

Dysthymia reportedly results in trouble concentrating and making decisions.

Cyclothymia can reportedly lead to poor judgment that can result in risky behavior or unwise choices.

The claim is that because of these mental health issues, Kelsey “lacks criminal responsibility” and that his mental disorders “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.”

That’s saying a lot.

It’s not taking into account, however, the reported victims in the case. Would the conditions stated in Kelsey’s notice of intent morally excuse him from any wrongdoing? Since Kelsey denied it is an admission of guilt does that mean we’re misunderstanding its purpose as a defense in the case? Hopefully clarification will be forthcoming. 

A Salt Point resident and attorney, Kelsey was also a professor of philosophy at Marist College before the charges against him were made public. Marist promptly cut ties with Kelsey following his December 2014 arrest.

He has, however, maintained his seat with the Dutchess County Legislature. Though his colleagues have repeatedly called for Kelsey to step down, he has refused to do so. In fact, he’s even running for re-election this November and will face off against Republican Committee-backed Sandra Washburn in the September primary.

Dutchess County Republican leaders tried to keep Kelsey off the GOP primary ballot, but he prevailed in a court and will indeed be on the Republican primary ballot.

Nevertheless, relying on a defense of diminished mental capacity due to mental illness leads one to question whether Kelsey is capable of serving competently in office. Certainly if he’s lacking proper judgment it should concern his constituents.

The reality is, though, that Kelsey has been doing a pretty good job in office. He attends local town board meetings regularly and frequently attends various regional events. He continues to fight for his constituents’ needs, most recently undertaking a campaign to make crossings along the Harlem Valley Rail Trail safer for pedestrians and cyclists. And he is optimistically running for re-election.

These are all things that point to Kelsey as a productive and valuable member of society. But if he’s not capable of discerning between right and wrong, how can we trust him to serve in office? It’s not to say that he shouldn’t serve, and we must strive to respect the innocent-until-proven-guilty mantra, but it does raise important questions about the wisdom of Kelsey’s efforts to remain in office.

It’s a sad realization, but it seems that Kelsey’s recent court filing has revealed some important issues. Always an advocate for those in need of mental health care, it now is apparent that Kelsey is in need of such care himself. And, it must be stressed, seeking mental health care is nothing to be ashamed of. We hope that Kelsey gets the care he needs and is treated fairly in the interim, and that justice — whatever that amounts to — is ultimately served.