CANTON — A political blogger who shook up last year’s Senate election by photographing U.S. Sen. Thad Cochran’s bedridden wife is set for trial March 30, with a plea deadline of this Friday.
Clayton Kelly of Pearl appeared briefly Monday before Madison County Circuit Judge William Chapman III. The Clarion-Ledger reports it was Kelly’s first court appearance since his October indictment on charges of conspiracy, attempted burglary and burglary.
“It’s set; we will have to see if it comes to trial,” defense attorney Kevin Camp said. “We are trying to work out some things.”
Madison County District Attorney Michael Guest said Monday that no plea offer has been made in Kelly’s case and Friday is the deadline is for any plea agreement.
Kelly is alleged to have photographed Rose Cochran in April 2014 without permission in a nursing home and posted her image online. Investigators have said conspirators intended to use images of Rose Cochran to advance allegations that her husband, the senator, was having an inappropriate relationship.
Camp continues to question whether any laws were broken. He said the photos, taken for a political video in Cochran’s Republican primary race against state Sen. Chris McDaniel, are 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.”
Charges against three others have been resolved.
Richard Sager, a Laurel teacher and coach, who had been charged with conspiracy and tampering with evidence, recently entered a pretrial diversion program. His case won’t be prosecuted if he successfully completes the program.
“Sager has cooperated with the investigation,” Guest said, explaining why his office agreed to pretrial diversion.
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, committed suicide in June.
Thad Cochran won re-election while 73-year-old Rose Cochran died in December after suffering from dementia for years.
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