Ex-DJ, mother face more federal charges
By Jim Adams
jadams@courier-journal.com
The Courier-Journal



A former WDJX-FM radio personality and his mother -- who are already facing charges in Jefferson Circuit Court of theft of as much as $150,000 -- were each charged with mail fraud and wire fraud in a criminal complaint filed in U.S. District Court in Louisville this morning.

The complaint and an attached affidavit, both signed by FBI agent Lawrence D. Elbert, set out some new details of the alleged scheme, which also is the basis for the state charges.

Todd Edward Smith, known on the air as Todd Kelly, is accused of falsely claimed to be suffering from Lou Gehrig's Disease and bone cancer.

The documents allege that he set up a foundation, the Todd Kelly Foundation, and raised money for research into the disease, also known as amyotrophic lateral sclerosis, or ALS, promising that "over 80 cents of every dollar you give goes straight to scientific research."

In fact, the affidavit claims, Smith's medical records "do not reflect any diagnosis or treatment for either ALS or cancer, and his primary care physician never diagnosed him with either ailment."

In addition, Smith's mother, Sybil Smith, told Elbert that "she is not aware of any funds from the Foundation being donated to ALS research," the affidavit says.

Todd Smith used foundation funds "to pay for thousands of dollars of his own personal expenses, including car payments, car insurance payments, cable and telephone bills, meals at restaurants, limousines, vacations and alcohol," the FBI agent alleged in the affidavit.

The U.S. attorney's office in Louisville identified Todd Smith as being 36 years old, with an address of 1308 Blackberry Drive in Jefferson County. Sybil Smith, who is in her late 60s, lives at 203 Woods Road in Hardin County, the office said.

Each has been charged with 11 counts of felony theft in indictments in Jefferson Circuit Court in connection with the fund-raising for the foundation, which began in 2002 after Smith's public statements about his health beginning in 2001. Both have pleaded not guilty to the state charges.

Spokesmen for the Jefferson commonwealth's attorney could not be reached immediately today to address the impact of the federal charges on the state case.

Sybil Smith, who has health problems, has been summoned to appear in federal court Feb. 20. Todd Smith remains in the Jefferson County Jail under the state charges. After Smith's first hearing in federal court, which has not been scheduled, the U.S. attorney will have 30 days to present the matter to a grand jury.

U.S. Attorney David L. Huber said it is "unusual but not unheard of" for a defendant to face charges in both state and federal court at the same time.

Attempts to resolve the state case with a plea bargain fell through in mid-January.

Todd Smith's lawyer in the state case, Michael J. Farraraccio, said it has been his understanding that the state charges would be dismissed if charges were brought in federal court. But he said he had not heard of any changes in the state case.

Reporter Jim Adams can be reached at (502) 582-4199.