During Kelly's trial, prosecutors argued the same case as they did against co-defendant Adrian Barker, who was convicted in the same murder just weeks ago in the same courtroom, as reported on Associated Content. Barker has yet to be sentenced, but faces 15 years to life.
During the trial prosecutors argued Kelly and Barker got into a street fight with Kernich on Nov. 15, punched him until he fell to the ground, and kicked or stomped him, causing serious injuries resulting in his death six days later. Kelly and Barker both attended a fraternity party that night with Kernich, according to a Cleveland.com story. Several eye-witnesses testified during the trial.
Defense attorney Greg Robey a similar argument to the one Barker's lawyers made during the trial, saying Kent police did not have an open mind during the investigation and they should have considered other suspects who were there during the fight.
Robey filed a motion asking for a change of venue, meaning he wanted the trial moved to another town. Judge John A. Enlow denied that motion. The defense also submitted a motion to dismiss the charges based on the fact that Kent police recycled or destroyed the bull pen video as related to Kelly. The bull pen in this situation refers to the area where Kelly was held after his arrest. This motion was also denied.
Kelly was acquitted on a second count of murder. Each murder conviction carries a sentence of 15 years to life. Kelly has not yet been sentenced.
Published by Kathy Sak
I am an experienced journalist, two-time Cleveland Press Club award winner, and former editor with a passion and proven track record in matters of in-depth reporting and investigations. View profile
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