Monday, June 15, 2015

Judge sentences Kelly to 2.5 years (Video).

Judge Chapman sentenced Clayton Kelly to five years in prison but suspended the last half of the sentence and ordered him to serve it on probation.  Judge Chapman noted that his partners in crime received no prison sentences but pointed out that Kelly was already convicted of a felony before he pleaded guilty a week ago to conspiracy to commit burglary.  The complete video of the sentencing is posted below.  Madison Police arrested Clayton Kelly, Mark Mayfield, John Mary, and Rick Sager a year ago for a scheme that involved Kelly taking a photo of a bed-ridden Rose Cochran to use in a political video to attack her husband.




The sentencing of Clayton Kelly was almost anti-climatic.  There was no doubt he committed the crime of entering Rose Cochran's room at St. Catherine's Village as he had confessed to doing so.  The only question was what would his sentence be after he unexpectedly pleaded guilty to conspiracy to commit burglary last week.  Arguments over the case have raged back and forth over the year as some see him as a political prisoner of sorts while others see him as a creep who would stoop to breaking into the room of an elderly woman who was in a vegetative state so he could take a picture of her to use in a political video.  What started as political prank planned on Facebook ended in a suicide and a man going to jail.

The prosecution put some of its case on display today as it called a detective to testify to the crime and submitted over 100 pages of documents into evidence in the public court file.  Assistant District Attorney Bryan Buckley questioned Madison PD Investigator Chuck Harrison.  Mr. Harrison testified that Kelly and all defendants cooperated with the investigation.  He said Kelly said he was "sick to myself" after taking the picture but then changed his mind after realizing he was missing a chance to have his "breakout" news story.  The police veteran said Kelly showed remorse for taking the picture but in the end, he still put up the video.  Indeed, Kelly tried to portray himself as a victim in his interrogation as he said in his interview:

Just I forgot to say that I had already made the video without the picture and people ho were giving me information didn't want that video getting out.  They weren't satisfied enough with that...

It wasn't good enough for them...

They didn't want to take the fall for it so they put me out here.  And the thing is I'm just a victime and I'm probably going to get hit the hardest.  I don't care how bad they get hurt. Because I hate this is coming down on me.....  Page 18 in second exhibit in this post.

Mr. Harrison and the chat logs reveal that Hattiesburg resident John Mary, a.k.a. John Bert, was the "mastermind" behind the whole caper as he introduced the conspirators to each other via Facebook and other forms of electronic communication and then planned the entire conspiracy.  They wanted to respond to negative attacks on Chris McDaniel by the Senator Cochran campaign.  The goal was to show Senator Cochran living the good life with his assistant Kay Weber while his wife lay infirm in a  nursing home.    John Mary put together the group of Laurel soccer coach Rick Sager, attorney Mark Mayfield, and Clayton Kelly.  Kelly operated a little-known blog "Constitutional Clayton" that consisted of the copying and pasting of articles along with some accompanying commentary on the subject of the articles.



John Mary tried to get Mark Mayfield to take the picture as his mother was a resident of St. Catherine's Village but he refused to do so.  However, he did give Kelly specific information about the security procedures and design of the nursing home.  Kelly used the information to make three attempts to take the picture.  He was unable to enter SCV on the first attempt due to a ban on visitors due to a viral outbreak.  He didn't take a picture on his second attempt due to a small amount of "traffic" and he didn't want to be conspicuous.  He entered SCV on Easter Sunday when there is heavy visitation and it is much easier to "get lost in the crowd".  He was successful in taking a picture of Mrs. Cochran as she lay in her bed and the  nameplate on the door.  The photo was presented as evidence and sealed by Judge Chapman.   Harrison made it clear in his testimony that he thought Kelly was a pawn in the scheme while Mary directed the operation.   Kelly attorney Kevin Camp offered nothing in rebuttal of all testimony.


Judge Chapman noted the sentences meted out to John Mary and Rick Sager.  Sager received unsupervised probation while Mary was non-adjudicated and received only five years of unsupervised probation. Judge Chapman said Kelly did show remorse but that was common among defendants (23:50).  The judge said "it appears the instigator of these events was defendant Mary with possible assistance from defendant Sager".  However, Judge Chapman did not go easy on Kelly but then pointed out he was already a convicted felon.  One could feel the room suddenly chill when he made that statement.  Judge Chapman then called Kelly stupid in the nicest way this correspondent has ever heard someone called stupid (25:07):

And as I have said many times, in particular in relation to armed robbery, the defendant who goes into the place of business to commit the armed robbery is generally the least intelligent of all because the others have convinced that defendant to do that.  I believe that in the totality of the circumstance, this defendant fits into that category. 
He sentenced Kelly to a prison term of five years but suspended half of the sentence.  He ordered him to begin paying court costs upon release at a rate of $160 per month.  It is possible Kelly will be eligible for parole after serving 25% of his offense as his offense is considered to be non-violent in nature.





50 comments:

Anonymous said...

unbelievable.

Anonymous said...

What was his previous felony conviction for?

Anonymous said...

Wow - that's harsh. I thought he needed jail time to get the point across to his knucklehead supporters that what he did was both wrong and illegal (they seem to have a problem grasping the reality most of us share) but I thought 30 days in the Madison County pen would have been sufficient to make the point.

Anonymous said...

Second felony is going to get jail time from Judge Chapman no matter the charge. I had a client get a year for false pretense (bad check) simply because it was his second felony.

Anonymous said...

It's a tough sentence, but I have a big problem with his MO. Dumb or not, he went three freaking times to this nursing home to get a picture of some woman in bed that has lost most of her mental faculties. I'm embarrassed there isn't more in place to protect their vulnerability and was incensed when I heard over and over, "it may be disgusting, but it's not illegal!". Maybe not, but it should be.

I've messed up plenty of times, but this is far beyond the pale to me. If that were my relative, whether he had done anything to them or not, his ass would be praying for a jail sentence.

Maybe I should feel terrible about not feeling bad about it, but those that were so gleeful to point out that this wasn't a crime should finally be encouraged to shut their mouths; doubtful they will, as they will point out how "crooked" the system is and whatever other inequalities they may look to perceive, but maybe this will send the message to some.

Tim Holleman said...

He only has to serve 25% of 2 1/2 years under new law so 7.5 mos if my math is correct. And he will get credit for time served. Hasn't he been in jail all this time?

Anonymous said...

I agree 11:13 30 days is plenty when we have so many thugs walking the streets. Punishment truly does not fit the crime.

Anonymous said...

@11:42; But I thought there were no thugs in Madison County!?!?

Anonymous said...

As 11:40 said, "...this is far beyond the pale to me. If that were my relative, whether he had done anything to them or not, his ass would be praying for a jail sentence."

To think that people who support this guy or approve of his actions might someday get somebody elected to office is scary.

This country is in serious $#!+ if the Tea Party/KKK ever climbs above the 10% mark nationally. People who say this guy got a sentence that did not fit the crime should not be allowed to vote.

Anonymous said...

Chapman must have mellowed with age. Once upon a time, an open plea in a situation like this resulted in the max.

This is a fair sentence. The reasoning behind sentencing as defined by Mississippi law is: punishment, deterrence, and rehabilitation. At least two factors are satisfied with this sentence, although I doubt this idiot defendant can be "rehabilitated".

Anonymous said...

To think that people who support this guy or approve of his actions might someday get somebody elected to office is scary.

Except this has already happened. This is imported and outside special interest group financed asshattery.

Anonymous said...

Perhaps a Walk of Shame would have sufficed? Noel, Chris and Melanie could have joined him.

Anonymous said...

I know he finally was bonded out. Does anyone know his time served?

Anonymous said...

"But I thought there were no thugs in Madison County!?!?"

Uh, he's not from Madison County.

Perhaps we need a moat on County Line Road and at the Res....

Anonymous said...

@12:09 So you agree that people who believe in the principles of the tea party do not comprise a large enough percentage at this time to affect issues in this country, who is to blame for the sad state of affairs in this country?

Anonymous said...

Nothing but political show trial. Punishment does not fit the "crime". His family is incapable of supporting themselves with an autistic daughter. Those that depend on Cochran for filling their pockets with federal money can cheer his and his family's demise.

Anonymous said...

Great. I get to pay my part of 30k a year to lock somebody up for taking a picture of someone who suffered absolutely no damage as a result of said picture being taken. Yeah, it's a jerk thing to do. But, if we put all the jerks in prison that didn't offend a US Senator, we will run out of money.

Anonymous said...

@1:36..don't be so sure..are you forgetting about the attorney Richard Wilbourne whose office is a short stroll from the Nursing home and who was being called to testify to what his roll was?? Remember Mayfield handed off to a "yet unidentified" person..that person contacted Kelly..then Kelly got in....so it looks like Madison just may have the PIVOTAL person who got Kelly into the facility..RIGHT UNDER THEIR NOSES! Hiding in Plain sight or did they not want to soil Madison by embarrassing one of their own?

Anonymous said...

@12:48 - you forgot to add the Madison County law police, law, and political officers. No one is more guilty of conspiracy than them - no one deserves the walk of shame more than them - no one has more blood on their hands than them

Anonymous said...

2:08, and others. Obviously you didn't follow the first few hours of his trial when the 'security guards' testified as to the deceit that CK used to gain entry into this facility. For all those idiots that say "there was no crime" - how would you feel if som eone came into your house, entered your bedroom and took pictures of any member of your family in bed? No crime? Believe me that would be a crime in my household and the perp would be hoping to have the opportunity to spend some time in the pen. Just because this facility was a nursing home rather than your residence doesn't change the crime. And it was done with an intent, according to the little testimony we got to hear. I'm glad this is over with, but it would have been interesting to have the entire trial so we could learn more of the details and shut up the b/s from those that said 'everyone was innocent', or at least 'not involved'.

We have plenty of empty beds in Parchman - someone that commits a felony belongs there, no matter what his/her personal family life is. He should have thought about the consequences prior to trying to make a name for himself. But just like the others behind this scheme, they obviously didn't think.

Anonymous said...

@ 1:47

12:09 here

I believe in most of the published "principles" of the Tea Party. The problem is the people who belong to the Tea Party don't believe in their own principles.

Most of them have no idea what the U.S. Constitution really says and what the framers intended. Their childish beliefs about taxes means only one thing: "Our grandchildren will have to pay for the highways and bridges we tore up."

They say they believe in "traditional family values" without explaining what they are.

They are a special interest group that believe there should be no special interest groups.

You say the country is experiencing a "sad state of affairs." I don't know how old you are, but the country was way more violent and dis in the 60s. What we are experiencing today is nothing compared to that.

So, I don't agree that the state of the country is all that "sad."

But your question deserves an answer.

The first answer is that our economy is no longer controlled by us. Our economy is totally dependent on OPEC. From WWII until the mid 70s, the U.S. was top dog in the world and the entire world's economy depended on us. That changed with OPEC.

Secondly, the federal government from 2001 to 2007 was a disaster from which this country will never recover. Republican congresses engaged in reckless spending. After inheriting a budget surplus, Republicans drove government spending to a $6-trillion deficit. Meanwhile they cut taxes on people making $3,000 a week and started two un-winnable wars in the Middle East at the same time NAFTA massively transferred jobs out of the country. (Almost every small town in Mississippi has a closed factory that was operating in 1999.) Older Americans saw their retirement disappearing when the stock market dropped to under 6,000. We almost had a depression. Thankfully, that has been (at least temporarily) fixed. (Yeah, I know, Obama drove the deficit up to $20-trillion or some such number, but without that millions of people would have lost their retirement entirely PLUS the deficit can be completely overcome with just a small bit of financial moderation. It really isn't the end of the world, people.) Meanwhile, there is absolutely NO answer to the problem we created in the Middle East. Gen Colin Powell told the truth, "If you break it, you own it." There is NO solution now. And remember answer #1 above.

Finally, we have no one to blame but ourselves. And our answer is to blame others. If the Tea Party were really genuine, they'd be working to fix Mississippi first. We have the most expensive and corrupt government in the country. But, from what I can tell, the Tea Party is basically unable to handle the fact that there is a black guy in the White House. They are just a bunch of racists who don't believe what they say they believe OR they'd be fixing Mississippi instead of bitching about Washington D.C. all the time.

Anonymous said...

Pender: Although Kelly and the other defendants were McDaniel supporters and-or friends, prosecutors said they found no connection between Kelly's actions and the campaign proper.

Anonymous said...

I agree this guy needs to be punished. He's an idiot, and he did a despicable thing.

That being said, for the life of me, I can't understand all the hyper-coverage of his sentencing! It's like this is the Crime of the Century (whatever that means....)

Not a blogger said...

1:48, he should have thought of his children and family in the first place before doing something so warped. That is his responsibility- he admits he knew it was wrong and did it anyway. Maybe next time, he will consider the consequences of his actions and how they affect others- that is what his punishment is for.

You can complain about what it costs to lock him up 2:08, but saying the victim suffered "no damage" is a disturbing comment. Her privacy was violated and expectation of dignity was damaged, and it does not matter whether she comprehended this or not. A "jerk" thing to do? Are you freaking serious? That shit is not tolerable, and neither is hearing it downplayed to a "jerk thing to do". Cutting someone off in traffic is a jerk thing to do. Breaking into a mentally incapacitated person's private room in a nursing home to take pictures of her showing how feeble she is because you aren't satisfied with any other way of making your point is far beyond the line.

How scary is that? Some creep (who is apparently also a felon) busting up into your grandmother's room at the nursing home to "take pictures" and who knows what else so he can put them on the internet? Put his ass in jail.

Anonymous said...

Thad Cochran has spent the last decade living in a basement. LOL

Anonymous said...

I agree that what this man did was wrong.
But am I the only one that finds it odd that this happened right around the same time that Thad and Kay had rumors flying around about an affair. I'm not trying to make a conspiracy but it sure seems odd that everyone forgot about the affair and switched to poor ole Thad and his wife. I have been in the St. Catherines facility and I know that access is not easily granted. I also would have liked to hear more of the trial and how Kelly even made it through the gate.

Anonymous said...

If he had cut a deal before it went to trial like everyone else I don't think he would spend time in jail. If he was going to make a plea deal he should have done it sooner when he had an agreement instead of an open plea.

Anonymous said...

Area Whites Shocked That White Man Goes to Jail for Breaking Law

Anonymous said...

3:39 - that has absolutely nothing to do with the Clayton Kelly fiasco. Kelly broke into a private residence and violated an individual. You don't like Cochran - fine. But that does not give you the right to do what Kelly and his co-conspirators did.

You want to argue about Cochran? Fine, then do it. But don't break the law and don't violate someone's privacy to do it.

What you and your friends don't understand is that this kind of crap is what has run off many folks that might otherwise agree with part/some/most of what you think your political philosophy is. But we don't want to be associated with a bunch of kooks. And your continual playing this same old record proves what kind of kook you are.

Anonymous said...

Damn KF, does EWP wear that scowl all the time?

Anonymous said...

Go off the deep end much 4:16 PM?

Kelly Was A Duped Pawn said...

4:16; Most private residences with which I'm familiar, don't hand out keys to the doors or give out door codes willy nilly or that can easily be spread around by word of mouth. Does that comport with your notion of 'private residence'?

And, even if you agree that the keys to this 'private residence' were available for the asking, how do you explain your 'broke into' analysis? That you are a Thad diehard is obvious. And that speaks to the kind of 'kook' YOU are.

Anonymous said...

Tell us @4:16, what do you think of Cochran's deception to Mississippi voters vis-a-vis Kay Webber?

Anonymous said...

2:45 next time save yourself a mess of typing:

"Bush's fault"

You're welcome.


4:36 You do realize you are proving the point 4:16 made, don't you?

Anonymous said...

4:36, I hope you never have to go to the nursing home for any reason to have to fully comprehend your imposition that your room at the nursing home is not "private" and just anybody can come in because people hand out codes all "willy nilly".

While there are many residents that live at the nursing home, thus the reason "keys and codes are handed out" (this is not the practice), that does not take away reasonable expectation of privacy of a resident. As a healthcare practitioner at a skilled nursing facility, I don't ever enter someone's room without at least knocking first. I'd challenge you to ask an actual nursing home resident whether they felt their room should be considered private or not.

The fact that this guy didn't feel comfortable enough entering her room until he came on a busy weekend so he could attempt to blend in with a crowd of actual visitors should say enough about whether it is common for people to just walk all "willy nilly" around because "a nursing home isn't private". Even he knew better.

Anonymous said...

@2:45 So you call people that you may not agree with as racists and members of the kkk. That"s really getting old. It doesn't work anymore. Why not try something different.

Anonymous said...

Yes, it was an invasion on the late Mrs. Cochran's privacy. I'm a staunch republican and I would love to give Ole horny toad Thad a lie detector as to his sexual antics prior to his wife's death. His new bride should be aware his zipper can open again, and she may not be the recipient...

Anonymous said...

@ 5:58 What's getting old? Its true. What are the KKK/Teabaggers doing about anything? What they are trying to do doesn't work at all. Why don't they do something different? They are useless. If they want to do something other than complain about the black guy in the White House, why not get it started.

Anonymous said...

Ol' Clayton has known about Dad Thad's little basement arrangement with Kay Webber for easily a decade. There is some fine social conservatives in that family.

Anonymous said...

Will you Mc Daniel nut jobs get over it. He lost and your type will forever lose. You are dangerous, The world knows it, and the type that visits Parchmentt for a woodie.

Anonymous said...

6:35 Kate knew too. As did Haley, Trent, Roger, Phil, Tate, etc.. It has been the great Repub truth keep away from Mississippi.

Anonymous said...

This is my last attempt at a post here forever. Tired of getting culled by a PC pussy. Fuck you.

Anonymous said...

Is that you Adam?

Kingfish said...

Apparently this must be the reader who tries to make racist comments directed towards blacks and seems to think he has the right to make them on this website at will and as he sees fit to make them. Bye-bye.

Not Adam said...

Well crap dang doodle, sounds like it's getting interesting. Publish some selected quotes from his denied material.

Anonymous said...

"Perhaps a Walk of Shame would have sufficed?"

If you're talking about last night's episode . . . no way !
I don't won't to see this dude walking necked down HWY 51.

Cersei Lannister. . . hell yeah.
Clayton Kelly ? . . . hell no !

Anonymous said...

Richard Sager: Hey… From the main guys mouth… He asked if you could pull it down. Wants you to hold on to it.

Anonymous said...

@10:19 - "Richard Sager: Hey… From the main guys mouth… He asked if you could pull it down. Wants you to hold on to it."

^^^ This is clearly the most damning excerpt from the transcript. McDaniel knew exactly what was going down and stood by while it happened.

Anonymous said...

@11:09 --- Agreed

Anonymous said...

Also: conceding that they had to publicly denounce it, but secretly liked that it was "leaked". They all knew.

And the best they could do for Mark was send a plant to his wife. Not saying I expected it, but they helped nobody that got in trouble over this.

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