Saturday, January 20, 2007 E-mail this | Print page


Former DJ rejects plea bargain
Now theft case may go to federal court

By Jason Riley
jriley@courier-journal.com
The Courier-Journal



A former WDJX radio personality accused of stealing as much as $150,000, donated to battle a fatal disease, said he was innocent and turned down a plea offer in Jefferson Circuit Court yesterday.

Now Todd Kelly Smith likely will be indicted in federal court in the next few weeks, and if he's convicted, the possible prison sentence would be much stiffer, according to Assistant Commonwealth's Attorney Todd Lewis.



Smith, 36, and his mother, Sybil Smith, 68, were each indicted on 11 charges of felony theft.

Sybil Smith also turned down a plea offer from the commonwealth's attorney's office. Neither the prosecution nor defense would discuss details of the plea offer.

"There was an expectation by the commonwealth's attorney that they might plead guilty to avoid federal indictment," said David Mejia, Sybil Smith's attorney. "But … that's not going to happen."

Had the Smiths been convicted in Circuit Court, they could have faced a maximum sentence of 20 years and been eligible for parole in five years.

Now, Lewis said, the minimum sentence for a conviction in federal court would be nine years with no chance of parole.

The prosecution alleges that the Smiths began raising money in late 2002 for the Todd Kelly Foundation, which was formed about a year after he announced he had been diagnosed with amyotrophic lateral sclerosis, also known as Lou Gehrig's disease, which paralyzes and eventually kills its victims.

The foundation was formed purportedly to raise money for ALS research.

The pair collected between $75,000 and $150,000 in donations through at least 10 fundraisers, according to court records.

But prosecutors say Todd Kelly Smith doesn't have ALS and that the money never made it to ALS patients, research or any charitable purposes, as the Smiths had promised.

Lewis has said hundreds of people donated to the foundation.

An assistant state attorney general was also in court yesterday, trying to determine if any of the donated money is left and could be given to a qualified ALS foundation.

Todd Smith is being held at Louisville Metro Corrections in lieu of a $35,000 cash bond. His attorney, Mike Ferraraccio, asked Circuit Judge Mitch Perry to reduce that bond or free Todd Smith on a pre-trial release program where he would be monitored.

Lewis objected, telling Perry that a federal grand jury would begin looking at the Smiths' case as soon as next week.

If the Smiths are indicted in federal court, the Jefferson County prosecutors likely would drop their case, Lewis said.

Sybil Smith, who is in poor health, has been released on her own recognizance. She declined to comment.

Reporter Jason Riley can be reached at (502) 582-4727.