NEWS

JANUARY 2010                             

KELLEY PAST ISSUES WITH FRAUD  01 15 10

LIBERTY COUNTY SHERIFFS DEPARTMENT CAPTAIN HARRY KELLEY HAS BEEN THE TOPIC OF SCRUTINY SINCE EARLY IN HIS ONE-YEAR CAREER WITH THE SHERIFFS DEPARTMENT.  HARRY KELLEY CAME TO THE SHERIFFS DEPARTMENT WITH FORMER CLEVELAND POLICE DEPARTMENT DETECTIVE HENRY PATTERSON, WHEN PATTERSON WON THE ELECTION AS SHERIFF OF LIBERTY COUNTY KELLY CAME WITH HIM.  PATTERSON TOOK OVER AS SHERIFF JANUARY 1 2009.  IT WAS EARLY IN SHERIFF PATTERSON’S NEW ROLE WHEN ALLEGATIONS SURFACED THAT HIS CAPTAIN HARRY KELLEY, SENT AN ANONYMOUS FAX MAKING SEVERAL ALLEGATIONS AGAINST NEWLY HIRED CLEVELAND POLICE CHIEF MARK BRADSHAW.  REPORTEDLY, HARRY KELLY HAD APPLIED FOR THE JOB AS CLEVELAND POLICE CHIEF.  AN INTERNAL INVESTIGATION BY LIBERTY COUNTY SHERIFFS DEPARTMENT, NOW CHIEF DEPUTY JIM COOPER INDICATED CAPTAIN KELLEY ADMITTED TO SENDING THE FAX, AND DISCIPLINARY ACTION WAS RECOMMENDED. IT WAS MID SEPTEMBER BEFORE CAPTAIN HARRY KELLEY SERVED HIS TEN-DAY SUSPENSION WITH OUT PAY. NOW, CAPTAIN HARRY KELLEY IS THE SUBJECT OF AN INVESTIGATION BY THE ATF, OR BUREAU OF ALCOHOL TOBACCO AND FIREARMS.  IT WAS DECEMBER WHEN KSHN CONFIRMED THE ATF, IN CONJUNCTION WITH THE U.S. ATTORNEY’S OFFICE IN BEAUMONT IS INVESTIGATING SHERIFF’S CAPT. HARRY KELLEY, FOR ACTS OF DISHONESTY; KELLEY REMAINS ON ACTIVE DUTY AS A SUPERVISOR WITH THE SHERIFFS DEPARTMENT.  THIS LATEST INVESTIGATION INVOLVES MISSING FIRE ARMS FROM THE EVIDENCE ROOM AT THE CLEVELAND POLICE DEPARTMENT.  THAT INVESTIGATION IS CONFIRMED BY ATF, WHO WILL NOT MAKE ANY OTHER COMMENT. NOW WE HAVE LEARNED, HARRY LEROY KELLEY HAS HAD ISSUES BEFORE, IN SO FAR THAT ALLEGATIONS OF FRAUD CAUSED HIS TEXAS REAL ESTATE LICENSE TO BE REVOKED BACK IN 1983.  KSHN RADIO REQUESTED, UNDER THE STATE’S OPEN RECORDS LAWS, A COPY OF INFORMATION FROM THE TEXAS REAL ESTATE COMMISSION, CONCERNING THE REVOCATION OF KELLEY’S REAL ESTATE BROKERS LICENSE. IN THEIR RESPONSE, THEY SAID THEIR RECORD RETENTION SYSTEM ONLY KEEPS COMPLAINTS RECEIVED WITHIN THE PAST TWO YEARS, FIVE YEARS FOR DISCIPLINARY PROCEEDINGS.  CAROL TAYLOR, LEGAL ASSISTANT FOR THE TEXAS REAL ESTATE COMMISSION SAID THEY DO NOT HAVE DETAILED DOCUMENTS FROM THE COMPLAINT FILE, WHICH LED TO THE REVOCATION; HOWEVER, THEY DID SEND US COPIES OF THE ALLEGATIONS, WHICH LED TO HARRY KELLEY’S LICENSE REVOCATION. IN THE LETTER, THERE ARE FIVE SEPARATE ALLEGATIONS LEVELED AGAINST HARRY KELLEY FROM INDIVIDUALS WHO PURCHASED LAND THROUGH MR. KELLEY IN HIS CAPACITY, AT THE TIME, AS A REAL ESTATE BROKER.  IN EACH CASE, THE COMPLAINT ALLEGES HARRY KELLY MADE PROMISES AS TO WHEN ROADS, ELECTRICITY AND/OR WATER WOULD BE AVAILABLE TO THE PROPERTY IN QUESTION.  ALL OF THE PROPERTY IN QUESTION INCIDENTALLY WAS IN MONTGOMERY COUNTY. IN EACH COMPLAINT, THE BUYER CLAMS TO HAVE BOUGHT THE LAND BELIEVING THAT THOSE SERVICES WOULD BE AVAILABLE BUT, ACCORDING TO THE COMPLAINTS, THAT NEVER HAPPENED.  IN SOME OF THE COMPLAINTS, THE BUYER SAYS, NOW SHERIFF’S CAPTAIN HARRY LEROY KELLEY GAVE THEM A PERSONAL GUARANTEE THEY WOULD HAVE THE ROADS, WATER AND ELECTRICAL SERVICES BY THE TIME THEY MOVED IN.  HOWEVER, IN ONE CASE, THE COMPLAINT SAYS WATER WAS NOT AVAILABLE FOR ABOUT 4 MONTHS AFTER THE TIME THE BUYER MOVED HIS MANUFACTURED HOME ONTO THE MONTGOMERY COUNTY PROPERTY.  THE LETTER FROM THE TEXAS REAL ESTATE COMMISSION GOES ON TO SAY A HEARING WAS SET FOR MARCH 1983 IN WHICH THE COMMISSION WOULD TAKE UP THESE ALLEGATIONS AGAINST HARRY KELLEY.  AS WE SAID, THE TEXAS REAL ESTATE COMMISSION NO LONGER HAS THE RECORDS FROM THE DISCIPLINARY ACTION, BUT DOES SAY THE COMPLAINTS ARE WHAT LED TO THE FINAL ACTION OF REVOCATION OF HARRY KELLEY’S REAL ESTATE LICENSE.  IN EACH COMPLAINT, IT SAYS, THE ACTS ON THE PART OF HARRY KELLEY CONSTITUTE BAD FAITH, DISHONEST DEALINGS, OR UNTRUSTWORTHINESS IN VIOLATION OF THE TEXAS REAL ESTATE LICENSE ACT AND EACH WAS CAUSE FOR THE SUSPENSION OR REVOCATION OF HARRY LEROY KELLEY’S TEXAS REAL ESTATE BROKER LICENSURE PRIVILEGES.  ALL NINE NEWS MADE SEVERAL CALLS TO HARRY KELLEY FOR TO COMMENT ON THESE ALLEGATIONS AND THE REVOCATION OF HIS REAL ESTATE LICENSE, HOWEVER THOSE CALLS WERE NOT RETURNED. MORE RECENTLY, DESPITE BEING UNDER INVESTIGATION ON OTHER ACCUSATIONS BY THE FEDERAL ALCOHOL, TOBACCO, AND FIREARMS COMMISSION, CAPT. HARRY KELLEY REMAINS ON DUSTY AS A SHERIFF’S DEPARTMENT SUPERVISOR.