After a series of requests by Athens County Prosecutor Keller Blackburn, Cuyahoga County Prosecutor Timothy J. McGinty will now represent Athens County Sheriff Pat Kelly.
The Athens County Commissioners approved Blackburn’s request in open session during Tuesday’s board meeting, commissioner Charlie Adkins said, and then Judge L. Alan Goldsberry confirmed it.
In a news release from the prosecutor’s office, Blackburn said he has provided appropriate advice to the sheriff’s office during this investigation and that a special prosecutor was not necessary.
“The repeated allegations and attacks by Patrick Kelly have caused a false sense of conflict.”
He denied a request from The Post seeking comment and stated in the release he would no longer publicly speak about the grand jury investigation until it ends.
“While there have been many opportunities to respond to attacks and lash out with allegations, that is not what I was elected to do,” he said in the release.
In a letter dated Sept. 16, Kelly wrote that Blackburn was elected in part to carry out the legal requests of public county officials, such as the sheriff, but has “lost sight of your responsibilities as prosecutor.”
Kelly, who did not return several phone calls seeking comment, went on: “You have taken your personal feeling for me and allowed your immaturity to cloud your responsibilities.”
He believes Blackburn should have acted on a request made in a Sept. 10 letter Kelly wrote requesting Blackburn quash a subpoena from the state requiring the sheriff to give up confidential informants. Instead, Blackburn informally asked the special prosecutor on the case to narrow the subpoena.
“My request to quash these subpoenas were requested in the best interests of law enforcement county wide and came to you from Sheriff Patrick Kelly on office letter head,” Kelly wrote to Blackburn.
Blackburn said it is his belief that Goldsberry appointed McGinty in order to avoid further conflict between the sheriff’s and prosecutor’s offices, according to court documents.
“The office of the Athens County Prosecutor has no conflict and has provided appropriate legal advice when requested,” he said.
Blackburn has said he represents the Sheriff’s Office as a whole instead of representing Kelly as an individual and is no longer providing Kelly with legal advice regarding the investigation.
Because the case is still under investigation, Ohio Attorney General Mike DeWine’s Office generally doesn’t comment on the case or provide the next trial date.
Adkins said he and the other commissioners had been discussing the possibility of getting another attorney to represent Kelly but ultimately landed on McGinty.
“Yes it’s far away, but it’s one of the biggest prosecuting attorney offices in Ohio,” Adkins said. “I certainly think (Blackburn) is a professional, but I do think this is a good opportunity for Kelly.”
The attorney switch comes four days after the state filed a motion in court requesting Common Pleas Court Judge George P. McCarthy to force Kelly to comply with a subpoena requiring him to give up confidential informants.
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