ST. CLAIR COUNTY – All county judges have recused themselves from hearing a case against a former county drug undercover officer charged with drug offenses.District Court Judge Phil Seay said Wednesday morning all three judges, including himself, Circuit Judges Charles Robinson and Jim Hill, recused themselves from hearing the state’s case against Jason Kelly, 30, who resigned from the St. Clair County Sheriff’s Department after he was arrested in October on two counts of attempting to possess a controlled substance, Class C felonies.
Robinson, who is the presiding circuit court judge, officially requested that the Administrative Office of Courts appoint another judge to hear the case.
District Attorney Richard Minor also recused himself from the case.
“Based on day-to-day contact our office had with Mr. Kelly, not only as a deputy but as an investigator who was in our office or in contact with employees in our office on a daily basis, I have already requested the Alabama State Attorney General’s Office appoint a special prosecutor in this case,” Minor said last month, shortly after Kelly’s arrest.
Alabama State Attorney General Troy King appointed former Talladega County Assistant District Attorney Barry Matson and Jason Swann to prosecute the state’s case against Kelly.
Matson served as a prosecutor for the Talladega County District Attorney’s Office for 14 years before moving to his current position earlier this year with the Alabama Office of Prosecution Services.
Matson said Wednesday morning it could take about 45 days to set a preliminary hearing in the case, once a judge is appointed by AOC to hear the case.
“It could take longer,” he said, adding it depends on if the judge appointed by AOC is an active or retired judge.
A preliminary hearing is held to determine whether there is enough evidence to turn over the case to a grand jury, which would decide whether the case proceeds with a criminal trial.
The Alabama Bureau of Investigation investigated the suspected wrongdoings of Kelly while he was employed by the St. Clair County Sheriff’s Department.
According to court documents, Kelly allegedly called two pharmacies on or about Aug. 15. Kelley reportedly pretended to be a doctor when he phoned in a prescription for himself at both pharmacies – one in Odenville and another in Ashville.
Sheriff Terry Surles said Kelly admitted to the crimes he was charged with.
Surles said he believed Kelly became addicted to Lortabs after a doctor prescribed the controlled painkiller for a shoulder injury.
He said Kelly served as a narcotics undercover officer for four years and left the county drug unit about one year ago.
Surles said Kelly was not suspected of any drug use at the time he resigned as a narcotics officer and transferred back into duties as a deputy.
Kelly resigned from the Sheriff’s Department Oct. 15, after exhausting his annual leave/vacation time, Surles said.
Kelly worked for the Sheriff’s Department for about 10 years.
Kelly was released shortly after his arrest, posting two $2,500 bonds while awaiting trial.
