Despite exhortations to the contrary, Democratic State Auditor Troy Kelley can and should return to work — as he did Wednesday.
Not that the situation is easy or that we can pretend all is forgiven and forgotten. But the issue is one in which our trust in the legal system must outweigh our mistrust of Kelley.
On Tuesday, Kelley’s federal trial on 15 charges of theft, money laundering, tax evasion, and related accusations came to an end. The charges stemmed from a real-estate records business he ran before being elected state auditor in 2012, and were not related to his official duties. The verdict: acquittal on one count of making a false statement, and a deadlocked jury on the other 14 charges.
Calls for Kelley’s resignation have been abundant since he was indicted last year. He took a seven-month unpaid leave of absence during 2015 but returned to work in December amid rumblings that lawmakers would move to impeach him when the legislative session began in January. Impeachment efforts garnered inadequate support in Olympia.
Following the end of the trial, many officials weighed in once again suggesting that Kelley should resign. Gov. Jay Inslee said: “Unfortunately, the people of Washington state do not yet have much-needed closure to Troy Kelley’s ongoing legal battles. Regardless of the outcome in court today, serious questions remain about Troy Kelley’s ability to successfully fulfill his role as state auditor.” Senate Majority Leader Mark Schoesler, R-Ritzville, said: “The jury made its decision, but the public trust has been violated.”
Indeed, the public trust has been compromised. This is particularly true when the accusations involve the state auditor, whose department is tasked with rooting out waste and fraud in government operations. And yet that must remain secondary to faith in the justice system.
Kelley received, we presume, a fair trial. More than 100 witnesses testified, and thousands of pages of documents were entered as evidence. The prosecution presented its case; Kelley’s lawyers presented their defense; the jury was unable to reach a unanimous conclusion. Jury foreman Mike Lowey of Roy told The Seattle Times: “It got pretty heated. There was a lot of back and forth. It was complicated.”
To be certain, a deadlocked jury is not the same as an acquittal; not being found guilty is not the same as being found innocent. But for hundreds of years our system has been based upon the notion of innocent until proven guilty. For hundreds of years, our ethos has been that it is better to free a dozen guilty parties rather than convict a single innocent. As James Madison, author of the Bill of Rights, is credited with saying: “In suits at common law, trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.”
Kelley received a trial by jury, and in the wake of a deadlock he should be tried again. The people of Washington deserve a definitive answer regarding a preponderance of the evidence, and Kelley deserves an opportunity to clear his name.
In the meantime, if Kelley believes he can effectively perform the duties he was elected to perform, he should continue to do so. He has said that he will not seek re-election in November, and therefore will leave office in January. Until then, the people of Washington should accept the results of the trial, understanding that our system of justice dictates that Kelley should be allowed to get on with his life.