A Wilson County man who killed his 1-year-old daughter while suffering from severe psychosis is making a push for clemency before Gov. Bill Lee leaves office in January.
Family attorney David Raybin refiled a formal request to Lee asking that Brian Kelley's sentence be commuted to parole. He argued that the mental illness that drove the 1999 killing of his daughter Erin is now controlled through medication. Kelley also has an exemplary prison record during his 27 years behind bars, according to the Tennessee Department of Correction.
His supporters include the prosecutor in his original trial, the lead law enforcement investigator and Kelley's wife and mother of the victim.
"There are huge numbers of supporting letters (for Kelley’s release),”
Raybin said. “This is first case I’ve ever had where the prosecutor, sheriff and victim’s mother all support clemency. There is no opposition to this."
Nobody denies it happened and Kelley was subsequently convicted by a jury to life in prison. Appeals were unsuccessful.
Why was Brian Kelley convicted of murder?
Kelley, 55, graduated from Mt. Juliet High School in 1989 before attending and obtaining a degree from Cumberland University, where he was a baseball player.
Kelley had experienced some delusions and odd behavior leading up to the murder, but there was no indication he would harm someone, according to family members.
He has said he killed his daughter because he believed God required him to sacrifice her to bring about the Second Coming of Jesus and their eventual reunion.
Transcripts from Kelley's interactions with police after Erin Kelley was killed include:
Police officer: “OK. And how did he tell you to sacrifice?”Brian Kelley: “Through the spirit.”Police officer: “No, I mean, what did he tell you to do as far as …?”Brian Kelley: “Just smother her.”Police officer: “God told you to smother her?”Brian Kelley: “Yeah.”Police officer: “Your baby?”Brian Kelley: “Yes sir.”
Should Brian Kelley be paroled?
In prison, Kelley has achieved a number of vocational certifications and has worked multiple jobs.
Lori Kelley, his wife, has remained married Brian Kelley through approximately 27 years of incarceration.
She has supported her husband's release under parole as does their adult son Brandon Kelley. The family has continued to regularly visit Brian Kelley in prison, his mom Betty Kelley said. Brian's father Val Kelley is a former Wilson County Executive.
"I want my dad to get out because he doesn't deserve to be locked up for the rest of his life because of a situation, he had no control over," Brandon Kelley said. "What happened 27 years ago was a tragedy. Him being locked up since then has been another one."
Lori Kelley's letter that is part of the commutation request states: "Governor Lee, as the mother of the child I lost, I have every right to stand against my husband and ask for the maximum penalty against him. However, I never once thought anything from the beginning other than something had gone terribly wrong in his mind that night.”
Brian Kelley wrote prior Governor Bill Haslam as part of the application for commutation.
"I didn’t want to kill my daughter, but I also didn’t feel I had a choice. The delusions also led me to believe Christ was returning on my birthday August 16, 1999, and my daughter would be resurrected at Christ’s return," Brian Kelley wrote. "I understand to a sane person this all sounds quite absurd. There is no Biblical basis for the sacrifice of a child for Christ and no one will know the day of his return. However, this is an example of what mental illness can do to a person."
Former Wilson County Sheriff Terry Ashe, who investigated the case, and former assistant district attorney Robert Hibbett, a prosecutor in the original trial, have advocated for Kelley’s release under parole supervision.
“I would support clemency or parole,” Ashe said. “This governor has the wisdom to make the right decision. And I think he’ll give it due consideration no matter how he rules on it. As for me I stand by my letter.”
State Sen. Mark Pody would support Kelley's release provided "there is enough oversight to make sure on the medication that is required (is administered)."
Lee recently pardoned or commuted 34 prison sentences in August. Attempts to reach Lee's office for comment on whether he will consider more pardons or commutations were unsuccessful. But governors sometimes take action on prison sentences late in a term. Lee's second term expires in January.
The Tennessee Board of Parole Kelley’s denied request for clemency on Dec. 1, 2022.
The parole board makes non-binding recommendations to the governor, who is the final authority to grant clemency for state crimes in Tennessee.
"Brian told me recently 'I won’t get out until God wants me out," his mother, Betty Kelley, said. "He’s got the best attitude for his situation. I just turn it over to God."
If Lee does not take any action by the end of his term, Kelley can reapply for clemency under the next governor’s administration after the criteria for clemency is set. Nothing is currently scheduled.
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This article originally appeared on Nashville Tennessean: Victim's mother, prosecutor back clemency for Wilson County man who killed daughter
