Troy Kelley, public opinion versus law | Inside Politics

Every now and then, explosive and unexpected events change political dynamics. We experienced those here in Washington in the last couple of weeks as indicted state auditor Troy Kelley was acquitted on one charge of lying and the jury could not reach agreement on 14 other charges.

Every now and then, explosive and unexpected events change political dynamics. We experienced those here in Washington in the last couple of weeks as indicted state auditor Troy Kelley was acquitted on one charge of lying and the jury could not reach agreement on 14 other charges.

After months of publicity, Kelley was free. The verdict shocked the public, embarrassed some who were certain of guilt and added turmoil to state politics.

Kelley, a Democrat, has been under scrutiny since he took office four years ago over his business practices prior to his election. After he was indicted, the Seattle Times editorialized that the legislature should impeach him, and many elected officials demanded he resign from office – despite our legal presumption of innocence until proven guilty. Many of the resignation demands came from Republicans who saw a chance to win another statewide office, and those can be dismissed as political theatrics, but there were also fellow Democrats who requested he step down. Smart Senate Republican leaders didn’t really want to kick Kelley out of office – it was preferable that he be wounded enough to not run, leaving an open field like we have now. Had he resigned, then a Democrat would have been appointed to fill his position who might have been difficult for Republicans to defeat.

But Kelley beat the charges and is back at work in the auditor’s office. He has again stated that he will not run. Innocent or not, he was so politically damaged he couldn’t win even if he did run. There are also some good candidates in the field to replace him.

Despite the lack of a conviction, however, some lawmakers are still asking him to resign. That might be more politics to keep the heat on the Democrats, but there might also be a substantive reason some Democrats want him to leave. Prosecutors have not announced whether or not they’ll retry him. In an Associated Press story earlier in the trial, presiding federal judge Ronald Leighton said, after he dismissed one of the charges against Kelley, that he would not dismiss the other charges against him because there is “ample evidence against him.”

Should the federal prosecutors decide a new jury might look at the case differently and pursue a retrial, it would be better politically for Democrats if Kelley faced the issue as a former state auditor than as the indicted incumbent state auditor. Kelley has also brought additional attention to his return to office by terminating two employees.

That politicians would react politically, particularly in an election year, should not be a surprise, but the public and the media should take a higher road. Kelley has already lost the battle in the court of public opinion. His career as an elected official is over. But legally, he is innocent until proven guilty in a court of law. He was not found guilty. And under our system, that is the court that counts.

Federal Way resident Bob Roegner is the former mayor of Auburn. He can be reached at bjroegner@comcast.net.