10 Investigates: Exclusive Video Shows Sheriff Being 'Booked'


UPDATED: Thursday February 13, 2014 6:58 PM

Kelly has been indicted on 25 criminal charges that accuse him of money laundering, theft in office and corruption, among other allegations.

The video and booking photo shows Kelly wearing his county uniform.

"I think he wants people to know that I am still sheriff. They haven't taken my stripes away. I am the same guy you elected years ago," said defense attorney Kort Gatterdam.

Gatterdam defended former Fairfield County Sheriff Gary DeMastry on similar allegations more than a decade ago.

Gatterdam said Kelly is probably trying to send a message to the public such as, "‘they have haven't proven anything beyond a reasonable doubt. I am a fighter and I am going to continue to fight.'"

The case against DeMastry was tried by a special prosecutor from outside the county. Kelly's case is similar.

Attorney General Mike Dewine is working as a special prosecutor, but using that fact to divide a jury can be risky.

"I think it was thought they would remember all of the good things he did and sort of say 'Hey, these out-of-towners coming in and making claims against me is not appropriate' and the jury would see through that," Gatterdam said.

DeMastry's strategy failed.

A judge sentenced him to six years in prison, but Gatterdam cautions against jumping to the same conclusion about Kelly.

"Isn't he presumed innocent?" Gatterdam asked.

©2014 by 10TV.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.