Story updated 1/4/23 at 11:21 a.m.

CANTON -- A former lawyer and Boy Scout troop leader convicted of sexually assaulting a child on a camping trip in Piercefield in 2014 is suing St. Lawrence County and New York State, arguing he should not be registered as a sex offender.

Michael Kelsey, who was also a Duchess County legislator at the time of the initial allegations, was convicted of first-degree sexual abuse, first-degree attempted sexual abuse, forcible touching and two counts of endangering the welfare of a child in 2016.

The charges and subsequent conviction stem from a Boy Scouts camping trip to Cranberry Lake in 2014. Victims told investigators that Kelsey assaulted one boy and attempted to assault another.

Despite multiple attempts to appeal the decision and subsequent punishment, Kelsey was unsuccessful.

In a letter to North Country This Week, Kelsey noted that a Federal Habeas is still pending in U.S. District Court in the Northern District with the case Kelsey v. Lewin.

Now he is trying to strike at the constitutionality of his sex offender status.

According to St. Lawrence County Attorney Steve Button, the county will seek to be dismissed from the court action.

“The county feels we have a strong case and are confident the court will eventually support our position,” Button said.

At the heart of the court action is the very constitutionality of the Corrections Law in an attempt to overturn his sex offender status.

Initial court ruling and punishment

Kelsey was sentenced to an aggregate prison term of seven years to be followed by 10 years of post release supervision following his conviction.

The punishment issued in 2016 was then held up on an appeal, according to court documents.

Kelsey was released from prison in May 2022 but prior to his release, a risk assessment instrument was submitted by the Board of Examiners of Sex Offenders that classified him as a risk level two sex offender with a sexually violent offender designation.

Kelsey tried to reargue the designation but was denied “based on a failure to provide notice of motion to the People,” according to court documents.

Kelsey has continued to appeal that decision but has been continually denied by the court.

In his letter to NCTW, Kelsey cited a Nov. 30, 2022 ruling that overturned his sex offender status.

In the ruling, it was determined that St. Lawrence County Judge Greg Storie violated Kelsey's due process rights and "did not follow the law," according to Kelsey.

"County Court's order failed to set forth its findings of fact and conclusions of law as required by Correction Law § 168-n (3)," according to court documents.

Legal challenges following conviction

In a new motion, Kelsey is raising a direct constitutional challenge to a certain portion of Corrections Law in an attempt to overturn his sex offender status.

Kelsey has also taken legal action, hoping to successfully obtain a court order that would prohibit the District Attorneys of every county in New York State from retaining copies of pre-sentence reports beyond sentencing.

In the same motion, Kelsey also sought to require the St. Lawrence County District Attorney to destroy all copies of pre-sentence reports. Mary Rain was the district attorney during Kelsey’s initial conviction.

Kelsey also sought monetary damages, punitive damages and $10,000 for attorney’s fees. Kelsey is representing himself in all court actions.

In other court actions, Kelsey sued County Court Judge Felix Catena, who presided over is trial, Kim Nethaway, the stenographer who transcribed the trial and former Chief Judge of the Court of Appeals Janet DiFiore, claiming that “various alleged deficiencies in the proceedings deprived him of due process and negativity impacted the appeal of his ensuing conviction.

Those actions were dismissed in State Supreme Court since Nethaway was not properly served notice and Catena was entitled to judicial immunity.

In his letter, Kelsey noted his Certiorari to the U.S. Supreme Court is still pending.

New legal challenge

Now Kelsey is arguing to overturn his sex offender status saying it violates his First Amendment Rights.

In court documents, Kelsey argues that his status denies him his right to attend religious services in a house of worship.

In other instances, Kelsey said he is suffering further damages to his personal reputation and is unable to attend functions like family gatherings.

In further legal action, Kelsey is seeking relief from sex offender registration act including state statutes regarding use of pre-sentence investigation reports and victim impact statements in SORA determination.

Button said such documents are used in assessing sex offender statuses prior to an individual being released from prison.

“At this time we are unsure if this will go to trial or not but the county is of the opinion that at the very least the county should be dismissed from the case,” Button said.

Legal action is expected to continue over the next several weeks, Button said.