BY JEFF CHUDZINSKINorth Country This Week

CANTON -- St. Lawrence County is seeking the dismissal of a lawsuit from 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.

According to court documents, the Notice of Motion to Dismiss in Lieu of Answer was filed by St. Lawrence County Attorney Steve Button on Jan. 4.

The motion to dismiss is in response to a lawsuit filed by Kelsey.

In the lawsuit, which was filed in the Southern District of New York, United States District Court, Kelsey is attempting to strike at the constitutionality of his sex offender status, which was overturned on appeal in November.

In a 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.

According to Button, the motion to dismiss is due to the basis of Kelsey's legal argument being mooted by the overturning of his sex offender status by the New York State Appellate Division's Third Department.

According to court documents, "As applied to Plaintiff/Petitioner's complaint/petition, his allegations with respect to the County are moot as his SORA registration determination has been found invalid by the New York State Appellate Division's Third Department."

"Plaintiff/Petitioner's entire complaint/petition is based upon a SORA determination that is no longer valid and without a SORA registration of any level assigned to him, Plaintiff/Petitioner is without a case-or-controversy to litigate at this time and thus, his complaint/petition must be dismissed as a matter of law," according to the motion filed by St. Lawrence County.

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.

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.

It was then in Nov. 2023 that Kelsey was successful in overturning his sex offender status.

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

Kelsey has also taken other 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.