Prosecution of Athens Co. Sheriff threatens to expose CHL records

The Athens Messenger is reporting that the prosecution of a suspended Athens County Sheriff Patrick Kelly, who was indicted last month by a grand jury on 25 counts, threatens to expose concealed handgun licensees' private, personal information in that county.

From the article:

Special prosecutors in the case of suspended Athens County Sheriff Patrick Kelly are seeking a court order to prevent public disclosure of concealed carry gun records.

In a motion filed Wednesday, Ohio Assistant Attorney General Melissa A. Schiffel asked the court to issue an order “covering all documents and materials related to concealed handgun licensure.”

In the motion, Schiffel cited Ohio Revised Code which explains that “the records that a sheriff keeps relative to the issuance, renewal, suspension, or revocation of a concealed handgun license ... are confidential and are not public records.”

“Improper release of confidential concealed handgun license records is a felony of the fifth degree,” she said in her motion.

Kelly faces a 25-count indictment in Athens County Common Pleas Court for charges that include engaging in corrupt activities, money laundering, theft in office, obstruction of justice and other charges. Schiffel is one of the special prosecutors in the case.

Schiffel declined to speak Wednesday specifically about the Kelly case when contacted by The Messenger.

“Generally, concealed carry (documents) are private,” Schiffel said. If the court ordered that this motion be granted, it would make certain everyone involved in the case was aware of the Ohio law under which the records are protected, she said.

According to earlier reporting by The Messenger, Kelly claims more than $35,000 is missing from combined funds of the concealed carry program and BCI background fund. According to the report, Dawn Deputy, fiscal officer for the sheriff’s office, reported that the missing funds go back to 2004 and was only recently discovered when she began looking at the funds more closely after the attorney general’s office subpoenaed the records.

Assistant Attorney General Melissa Schiffel, one of the prosecutors in Kelly’s criminal case, wrote Koffel that she and co-prosecutor Assistant Attorney General James Roberts had received word Monday that Kelly was going to the commissioners’ meeting to speak “regarding the ‘missing’ CCW funds.”

“In light of the grand jury subpoena requesting documentation related to the CCW funds and your client’s refusal to provide such records until after he was ordered to do so by the court, it must be clear to your client that this is subject of a BCI investigation,” Schiffel wrote. “As such, we believe any public comments on this matter, including at a commission meeting, is an attempt to circumvent the ‘gag’ order imposed by the judge at our last pretrial.”

Schiffel asked Koffel to advise Kelly not to make a public statement to the county commissioners.

“Also, you have committed to provide my office with the documents that allegedly substantiate your client’s claim of missing money from the CCW,” Schiffel wrote. “It would be in his best interest not to make any material misrepresentation of fact to the commissioners about the status of the CCW fund.

“Additionally, I do not believe we have yet received any of the documents your client claims substantiate missing money from the CCW fund,” she wrote. “Please advise when we can expect to receive those documents.”

County Prosecutor Keller Blackburn, who was invited by Eliason to the meeting with Kelly that did not take place, was asked about it Tuesday by The Messenger.

Blackburn told The Messenger that Kelly contacted his office about what Blackburn described as “questions and concerns” regarding the sheriff’s concealed carry program.

Blackburn said his office advised Kelly to contact BCI about the matter.

Blackburn noted that BCI has apparently already been looking into the concealed carry program — as evidenced by the fact that the attorney general’s office had subpoenaed records about it from the sheriff’s office. Also, since Kelly was supposedly going to ask the commissioners for a special audit, Blackburn noted that BCI has its own certified accountants.

Blackburn said Kelly approached the prosecutor’s office about the concealed carry program on March 6.

Last December, Kelly made headlines for refusing to renew certain concealed handgun licenses issued by his predecessor. Attorney General DeWine said at the time that the sheriff was misreading the law.

Chad D. Baus is the Buckeye Firearms Association Secretary, BFA PAC Vice Chairman, and an NRA-certified firearms instructor.