JACKSON, Miss. — The man accused of taking a photo of U.S. Sen. Thad Cochran's bedridden wife said on social media that his charges have been changed to burglary, attempted burglary and conspiracy.
Clayton Kelly was charged in May with conspiracy, exploitation of a vulnerable adult and photo voyeurism for allegedly taking a photo of Cochran's wife at a Madison nursing home on Easter Sunday.
According to law enforcement, Kelly got a pass to enter St. Catherine's Village in Madison, made his way to the Alzheimer's unit in the nursing home and took photos of Rose Cochran, who has lived there for years and is bedridden, suffering dementia and unaware of her surroundings.
According to police, this was Kelly's third try. He wanted the photos to use in a political video to help Cochran's GOP primary opponent, state Sen. Chris McDaniel and to help with Kelly's ambition to become a noted politico.
Cochran subsequently won the primary and survived a court challenge by McDaniel.
In a Facebook post captured by Y'all Politics on Wednesday but since removed, Kelly said his case is going to trial because he can't get an acceptable plea deal.
In that post, he mentioned that the charges have been changed against him.
But Madison County District Attorney Michael Guest said Wednesday that no new affidavit had been filed and it will be up to a grand jury to decide what charges Kelly will face if he is indicted.
Guest didn't say when Kelly's case is going to a grand jury, but indicated it will be presented.
Kelly's attorney, Kevin Camp, has said there have been discussions with prosecutors, but expressed doubt that his client would be offered a plea deal similar to the one received by John Beachman Mary, aka John Bert, of Hattiesburg, who had worked as radio show co-host with McDaniel
Mary pleaded guilty to conspiracy last month in a plea deal. He agreed to cooperate in the prosecution of the other defendants if their cases went to trial.
In exchange for his guilty plea, Mary received no jail time and could have the conviction wiped from his record. Mary faced up to five years in prison and a fine up to $5,000. He was sentenced to five years probation, non-adjudicated. That means the charge would be wiped from Mary's record provided he cooperates and completes probation.
Another defendant, Richard Sager of Laurel, may also plead guilty. He is in negotiations with prosecutors on a plea deal, according to his attorney, Tom Fortner of Hattiesburg.
Camp said he didn't believe guilty pleas by Mary and Sager would affect the case against his client. He said the key in his client's case is whether it was a crime for him to take a photo of Cochran's wife. Camp said taking the photo may have been unethical, but he doesn't believe it was a crime.
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