MEMPHIS, Tenn. — The sentencings for former Tennessee State Senator Brian Kelsey and co-defendant Joshua Smith originally set for March 28, 2023, have been cancelled.
This comes after Kelsey filed a motion last week to withdraw his guilty plea.
Originally, the two were set to be sentenced Tuesday, March 28, 2023. A motion by prosecutors for additional time to respond was granted, and they now have a date of April 14, to respond. Kelsey will be able to file a reply until April 21.
Through court filings, the senator cited an "unsure heart and a confused mind" as what lead to him accepting a plea agreement within a 48-hour deadline.
In December, the Tennessee Supreme Court suspended Kelsey's law license at the request of the Board of Professional Responsibility, pending further orders by the court. The state Supreme Court cited its own rules requiring the suspension because of Kelsey's guilty plea.
Specifically, the Germantown native pleaded guilty to conspiracy to defraud the Federal Election Commission as well as aiding and abetting the acceptance of excessive contributions on behalf of a federal campaign.
Kelsey's attorney David Warrington wrote in the motion to withdraw that "Kelsey was given a mere 48 hours to make a life altering decision — a decision made without fully understanding ancillary consequences that have come to light only after he entered his plea."
Kelsey's motion referenced the failing health of his late father as well as the birth of twins last year as "an incredibly stressful and confusing time."
“Brian Kelsey was given less than 48 hours to make a decision on his plea agreement at a time when he was contending with his father on his death bed due to pancreatic cancer and newborn twins,” the documents explained. “Under these circumstances, he was in a confused state mentally and unable to fully consider the ramifications of his plea agreement.”
Prosecutors said that Kelsey and co-defendant Joshua Smith conspired to move tens of thousands of dollars from a state Senate campaign account to a national political organization. They said that organization then bought political advertising for Kelsey's congressional campaign, making another $80,000 worth of contributions to the campaign.
Smith pleaded guilty to one federal charge in October and Kelsey's original plea took place a few weeks later. If Kelsey's motion to change his plea is not approved by the judge, the former senator could face up to five years on each count.
Kelsey also mentioned in his court filings that he chose not to seek reelection in the Tennessee senate last year in order to avoid negative campaigning for his family.
