Blogger’s 1st Amendment defense rejected in video case
Published 5:00 pm Monday, June 8, 2015
- Clayton Kelly, a political blogger, looks around the Madison County Courthouse in Canton, Miss., during a morning break at pre-trial motions for his trial, Monday, June 8, 2015. Kelly is accused of taking an unauthorized video U.S. Sen. Thad Cochran's late wife when she was in a nursing home, bedridden with dementia. Kelly, a 29-year-old Pearl resident, was indicted on charges of conspiracy, attempted burglary and burglary. Images of Rose Cochran appeared online briefly during the 2014 election, during a tough Republican primary. (AP Photo/Rogelio V. Solis)
CANTON, Miss. (AP) — A Mississippi judge on Monday rejected an argument that a blogger had a First Amendment right to shoot a cellphone video of a U.S. senator’s wife while she was bedridden with dementia in a nursing home.
The defense attorney for blogger Clayton Kelly made the free-speech argument during pre-trial motions Monday.
Clayton Kelly, 29, of Pearl is charged with conspiracy, attempted burglary and burglary.
“I think a lot of this is political. I think my constitutional rights should be respected,” Kelly, whose blog was called Constitutional Clayton, told reporters outside the Madison County Courthouse.
Kelly spoke as he and his wife left for a lunch break after Circuit Judge William Chapman III ruled that Kelly could not use a First Amendment defense.
Jury selection was beginning later Monday. District Attorney Michael Guest said opening arguments are likely to take place Tuesday.
Images of Rose Cochran appeared online briefly during the 2014 election, during a tough Republican primary. Investigators say Kelly was one of several people who conspired to produce the video suggesting U.S. Sen. Thad Cochran was having an affair.
The Cochran campaign said he was not involved in an improper relationship.
“The senator is not the victim in this case …. Rose Cochran is the victim,” Deputy District Attorney Marty Miller told the court. Prosecutors claim Kelly entered Rose Cochran’s room without permission.
Rose Cochran died in December after living in a nursing home for 13 years. Last month, Thad Cochran married a long-time aide.
The director of the nursing home at St. Catherine’s Village where Rose Cochran lived testified that Kelly had been given a day pass by a security guard on Easter Sunday 2014. Ken Gill also testified that certain residents of the nursing home who were “a little more high profile” received an extra level of security and Rose Cochran was among them.
Gill said if someone came to the nursing home and said they were there to visit Rose Cochran, there was an extra check to see if Mrs. Cochran was expecting visitors that day.
A nursing home guard, Leo Davis Jr., said he does not independently remember letting Kelly into the nursing home. But Davis said he saw a surveillance camera video showing him letting Kelly into the building.
Charges against three others have been resolved.
Richard Sager, a Laurel teacher and coach, who had been charged with conspiracy and tampering with evidence, entered a pretrial diversion program. His case won’t be prosecuted if he successfully completes the program.
John Mary of Hattiesburg pleaded guilty in August to conspiracy and agreed to cooperate with investigators. Mary received no jail time and could have the conviction wiped from his record if he completes probation.
Ridgeland Attorney Mark Mayfield, who was charged with conspiracy, killed himself in June 2014.
