FRANKFORT, Ind. (April 20, 2024) – A Special Judge overseeing a lawsuit brought by Richard Kelly and his wife Ashley against Anthony Sommer – in which the Kellys allege, in-part, Clinton County Prosecutor Sommer provided “falsified documents” to a journalist “with intent to defame them” – has been dismissed.
Special Judge Bruce Petit reasoned Prosecutor Sommer – through “well established” “case law in Indiana” – “enjoys absolute immunity from civil liability” as the “actions taken by (Sommer), whether corrupt or not, directly fall within the function of the Office of Prosecuting Attorney.”
The seven-page order handed down by Judge Petit Friday afternoon details the Kellys’ suit, that “due to a political falling out between the parties, (Sommer) initiated criminal investigation of (the Kellys) by reporting the operation of the Jail commissary to the Indiana State Board of Accounts (SBOA)” which garnered media coverage.
One such media report on October 7, 2021, posted to “RadioMom 91.1/91.5”, drew the attention of Sommer who asked for a meeting with the journalist of the article.
The Kellys allege during an October 8, 2021, meeting between Sommer and the journalist,
“(Sommer) took issue with the facts as reported in (the journalist’s) article and insisted that (the journalist) revise his article to include additional income earned by Mrs. Kelly.”
Also during the meeting, “(Sommer) provided a document to (the journalist) which (Sommer) represented as a Jail Commissary Report prepared by the Clinton County Jail and as a result, were documents created by (the Kellys).
“This report alleged to contain accounting and mathematical data showing the transfer and disappearance of millions of dollars. It is (the Kellys’) contention that this report was falsified, (Sommer) knew it was a false report and provided it to (the journalist) in an attempt to harm the reputation of the (Kellys).”
Judge Petit called the alleged “falsified documents” the “most significant issue in the case.”
Adding, “(The Kellys) claim these documents contained false evidence that (Sommer) knew to be false which gave credibility to the allegation that (the Kellys) had committed criminal offenses.
“This is very disturbing to this Court and certainly could expose (Sommer) to possible criminal prosecution and/or severe disciplinary actions if proven.”
The Kellys have filed a disciplinary complaint with the Indiana State Supreme Court Disciplinary Commission according to an April 22, 2022, WLFI report. There has not yet been a public outcome provided at the time of this article.
The Kellys, who each face four Felony 6 charges, are set to stand trial beginning October 7, 2024, according to online court documents.
Note: The journalist referenced in the above case is the author of this article.
