A New York state legislator running for re-election has formulated a unique defense strategy as he faces criminal charges for sexually abusing two Boy Scouts. Michael Kelsey, a 37-year-old attorney and former assistant Boy Scout master in Fishkill, was indicted by a grand jury in June on five charges: first-degree sexual abuse and first-degree attempted sexual abuse, both felonies, along with forcible touching, and two counts of endangering the welfare of a child, all misdemeanors. He pleaded not guilty and is awaiting trial.
Kelsey’s attorneys are prepared to argue that at the time of the alleged offenses, Kelsey suffered from “diminished capacity.” According to the legal defense theory, Kelsey has a “lack of criminal responsibility by reason of mental disease” or defect.
In other words, Kelsey’s lawyers plan to argue that Kelsey didn’t know what he was doing at the time of the alleged events and therefore didn’t intend to commit the crimes of which he is accused. Hogwash!