JACKSON, Miss. — A Pearl, Miss., political blogger who made national news for photographing U.S. Sen. Thad Cochran's bedridden wife in her nursing home room was indicted Wednesday on charges of conspiracy, attempted burglary and burglary.
Madison County District Attorney Michael Guest confirmed Kelly was indicted, the only person indicted so far in the case. Guest said Kelly waived a formal reading of the indictment, which contains charges different from those on which Kelly was initially arrested.
Kelly's attorney, Kevin Camp, said Kelly went to the courthouse in Madison late Wednesday afternoon to be served and remains out on bond from his May arrest. Camp continues to question whether any laws were broken with the photographing, and says at the least the charges are way overblown. He says the photos, taken for a political hit piece video in Cochran's Republican primary race against Chris McDaniel, are also likely protected journalistic free speech.
"It's going to be very difficult to prove a crime was committed," Camp said. "As for burglary charges ... There was no break-in. The security guard held the door open for him ... The whole thing is on video, from the time he pulled up at the guard shack to the time he left, all on video. There's no question what happened."
In May, Kelly was charged with exploitation of a vulnerable adult, photo voyeurism and conspiracy. Guest said the indicted charges of burglary and attempted burglary come under the exploitation of a vulnerable adult law.
Kelly and three other defendants were initially charged in the case. Richard Sager, a Laurel elementary school P.E. teacher and high school soccer coach, was charged with conspiracy and tampering with evidence. John Mary of Hattiesburg was charged with two counts of conspiracy. Ridgeland Attorney Mark Mayfield, a Mississippi tea party leader, was charged with conspiracy.
Mayfield took his own life in June. Mary pleaded guilty in August to conspiracy in a deal with prosecutors and agreed to cooperate in prosecution of others. Mary received no jail time and could have the conviction wiped from his record, provided he cooperates and completes probation.
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