CANTON -- A federal judge has dismissed a lawsuit against St. Lawrence County that was filed by former attorney Michael Kelsey, who was convicted of sexually assaulting a child and attempting to …
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CANTON -- A federal judge has dismissed a lawsuit against St. Lawrence County that was filed by former attorney Michael Kelsey, who was convicted of sexually assaulting a child and attempting to assault another during a Boy Scout camping trip to Cranberry Lake in 2014.
Victims told investigators that Kelsey assaulted one boy and attempted to assault another during the trip.
Kelsey previously filed a lawsuit in the Southern District of New York, United States District Court, in an attempt to strike at the constitutionality of his sex offender status, which was overturned on appeal in November.
As a result of the dismissal, Kelsey could potentially appeal the decision, however court documents state "that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal."
With in forma pauperis status denied, Kelsey would be subject to paying all fees associated with an appeal and would not have filing fees and other related expenses waived.
St. Lawrence County Attorney Steve Button said the county was "pleased with the outcome" and will continue to litigate the matter in court if Kelsey were to appeal.
"We feel we will continue to be victorious in this matter and we aim to ensure that the rule of law is enforced in a civilized society," Button told NCTW.
Button said the county takes such matters very seriously, noting that Kelsey was in fact convicted of multiple felonies by a jury of his peers.
"It's fairly well known now that Kelsey was in fact a Dutchess County legislator at the time of his charges, as well as a federal litigator. He has since been disbarred but is still able to represent himself," Button said.
Kelsey was charged with sexual abuse first-degree: person incapable of consent- physically helpless (D felony), attempted sexual abuse first-degree: person incapable of consent- physically helpless (F felony) and forcible touching: forcibly touching other person's sexual/intimate parts (A misdemeanor).
He was subsequently convicted on May 12, 2016.
Kelsey was originally 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.
He is still listed as a level two sex offender with a sexually violent offender designation, according to the state database.
Kelsey previously tried to reargue the designation but was denied “based on a failure to provide notice of motion to the People,” according to court documents.