BY DAN HORN
The Cincinnati Enquirer
An appeals court threw out the conviction of an exotic dancer Friday, ruling that there was not enough evidence to support charges of promoting prostitution.
The court concluded that Melissa Kelly, owner of Brittany's Playmates, should not have been convicted because prosecutors did not prove she paid one of her dancers to perform sex acts at a party. In a six-page decision, the Ohio First District Court of Appeals stated that prosecutors presented "legally insufficient evidence" to show that Ms. Kelly committed a crime.
"We find no evidence to demonstrate that Kelly supervised, managed or controlled (the dancer's) activities," the judges wrote. "Just because one is paid for something does not imply that she supervised it."
The charges against Ms. Kelly were filed last year after she and the other dancer performed at a party attended by several police officers. The officers turned a videotape of the party over to prosecutors, who then sought charges against both women.
Although her fellow dancer was found not guilty of prostitution, Ms. Kelly was convicted of three counts of promoting prostitution after a trial before Hamilton County Common Pleas Judge Patrick Dinkelacker.
Judge Dinkelacker ruled on the case himself because both sides agreed to waive a jury trial.
Ms. Kelly, who claimed her dancers routinely performed for law enforcement officers, said police trumped up the charges in an effort to put her out of business. She said neither she nor any of her dancers broke the law.
"I'm relieved," Ms. Kelly said. "But I don't think anybody could be pleased if they had to go through what I've been through." Prosecutor Joseph Deters said his office will file a motion asking the judges to reconsider their decision. He said the payment for the performance clearly implicates Ms. Kelly in a crime.
"The evidence was clear she got money for this," Mr. Deters said. "Unless it was charity."
During the court proceedings, Ms. Kelly's attorney, Kenneth Lawson, argued that the nude dancers only simulated sex acts during their routines. He also said his client could not be guilty of promoting prostitution if the other dancer was not guilty of prostitution. Judge Dinkelacker said he stands by his decision. "I made my decision and I thought it was the right one," the judge said. "This particular panel of judges disagreed."
Ms. Kelly was sentenced to three years' probation and a $7,500 fine. The appeals court ruling rescinds those penalties.
