The Protection From Abuse hearing to determine if the temporary protection from abuse order filed against Judge Kelley by Assistant Public Defender, Janan Tallo, should be made permanent was originally scheduled for February 23rd, rescheduled for March 17th, and has now been canceled.
On Thursday, a judge granted York County assistant public defender Janan Tallo's request for a final PFA order against Judge Thomas H. Kelley, VI after Tallo consented to an “agreement without an admission.” The agreement cancels the necessity for a public hearing and also means Kelley is agreeing to the PFA without making any admission of guilt.
Kelley's attorney, Christopher Ferro, declined to answer any questions about the agreement but chose to release a statement on the judge's behalf instead. In the statement, Ferro refers to Kelley's, “wish prior to the alleged incident was that he have no contact” with Tallo. Further stating that, “After consultation with me, he has agreed with my decision that his wish for no contact can best be accomplished by the agreement that has been filed today. Most importantly, with respect to this agreement, all parties have agreed that there has been no finding of abuse.” Mr. Ferro’s full statement can be read here.
After Ferro released his statement, Suzanne Smith, Tallo's attorney, said, “The purpose for a protection from abuse order is to stop abuse. Clearly, Ms. Tallo filed for a PFA to stop the abuse by Judge Kelley. By allowing [Kelley] to agree to the PFA without a finding by the court in no way means Ms. Tallo agrees there was no abuse. Ms. Tallo was willing and prepared to testify at the PFA hearing about the injuries Judge Kelley caused to her. While she is pleased that the judge agreed that the final order should be in place to provide some protection and security from the man who made her a victim of domestic violence, the reality of the situation is that the PFA will not remove the physical and emotional scars caused by her abuser. [Ms. Tallo] continues to cooperate with the attorney general's criminal investigation.” The state Attorney General's Office has not commented on its investigation.
The signed PFA order prohibits any contact between Tallo and Kelley except for “any incidental contact” in the York County Judicial Center, where both parties work. According to documents filed in the York County Prothonotary's Office, the PFA is to expire November 17, 2011.
President Judge Stephen P. Linebaugh said Wednesday the final resolution of the PFA dispute would not affect Kelley's judicial assignment. When the temporary PFA was granted in February, Linebaugh had removed Kelley from criminal court and he assigned Judge Richard K. Renn to criminal court. Kelley will remain in civil court, Linebaugh said.
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