GUILTY IN - Kegan Anthony Kline, 27, arrested Aug 29, 2020, 30 Counts associated with CSAM

[FrostedGlass]

I never saw the official word on which charges were modified but these are the ones that are different from when they were filed. These are my notes because I can't get a copy of the charges to format properly; the charges as of 12/21. My note indicates what level they are now listed as being. #7 was the only charge that was upgraded; it went from an F6 to F5.
Modified 7, 12, 17, 20, 21, 22, 23, 25, 29 (12/21)

07. 02/25/2017 35-42-4-4(d)/F6: Possession of Child *advertiser censored* (NOW an F5) ****
12. 05/14/2016 35-42-4-4(b)(2)/F5: Child Exploitation Disseminate, exhibit, or offer to do so; send or bring into I
(NOW same)
17. 02/25/2017 35-42-4-4(d)/F5: Possession of Child *advertiser censored* with an aggravating factor found in 35-42-4-4(e)(1 (NOW F6)
20. 02/17/2017 35-42-4-4(b)(2)/F4: Child Exploitation enhanced by an aggravating factor found in 35-42-4-4(c)(1). (NOW F5)
21. 02/17/2017 35-42-4-4(b)(2)/F4: Child Exploitation enhanced by an aggravating factor found in 35-42-4-4(c)(1). (NOW F5)
22. 02/17/2017 35-42-4-4(b)(2)/F4: Child Exploitation enhanced by an aggravating factor found in 35-42-4-4(c)(1). (NOW F5)
23. 02/17/2017 35-42-4-4(d)/F5: Possession of Child *advertiser censored* with an aggravating factor found in 35-42-4-4(e)(1 (NOW F6)
25. 02/17/2017 35-42-4-4(b)(2)/F4: Child Exploitation enhanced by an aggravating factor found in 35-42-4-4(c)(1). (NOW F5)
29. 05/14/2016 35-42-4-6(c)/F5: Child Solicitation Solicitation is for sexual intercourse. Def is 21+ years old an
(NOW Same)

 

[FrostedGlass]

Here's a screen cap of charges 20-24 to further explain. See how the "Filed as" F4 charges changed to F5s. Charge #23 was downgraded and #24 stayed the same.

 

[FrostedGlass]

Maybe they do have a plea deal?

03/23/2023

Order Granting The Court Grants Motion to Reorder and Renumber Counts and Amend Charging Information. Order Signed: 03/23/2023

 

[MistyWaters]

Maybe they do have a plea deal?

03/23/2023

Order Granting The Court Grants Motion to Reorder and Renumber Counts and Amend Charging Information. Order Signed: 03/23/2023

That the level of various charges was reduced was initially reported last November. If it were a plea deal it’s doubtful IMO that the Prosecution would reduce the charges without a concurrent plea occurring. As the upcoming trial date hasn’t been cancelled it seems at this point in time KAK isn’t even trusted enough to be assured he will follow through with a changed plea at the end of this month.

It’s likely the charges were reduced in order to support a conviction by way of the evidence. For example it couldn’t be proven underage victims were involved in the 5 charges that were dismissed. And to me it’s somewhat surprising he was only charged with 2 counts of identity deception given his claim of 100s, didn’t he say?

https://fox59.com/indiana-news/pros...s-upcoming-child-*advertiser censored*-trial/

“As for Kline’s current case, prosecutors are also asking a judge to amend more than a dozen charges. The request includes downgrading several counts from a level 4 to a level 5 felony or level 5 to level 6.”

 

[FrostedGlass]

That the level of various charges was reduced was initially reported last November. If it were a plea deal it’s doubtful IMO that the Prosecution would reduce the charges without a concurrent plea occurring. As the upcoming trial date hasn’t been cancelled it seems at this point in time KAK isn’t even trusted enough to be assured he will follow through with a changed plea at the end of this month.

It’s likely the charges were reduced in order to support a conviction by way of the evidence. For example it couldn’t be proven underage victims were involved in the 5 charges that were dismissed. And to me it’s somewhat surprising he was only charged with 2 counts of identity deception given his claim of 100s, didn’t he say?

https://fox59.com/indiana-news/pros...s-upcoming-child-*advertiser censored*-trial/

“As for Kline’s current case, prosecutors are also asking a judge to amend more than a dozen charges. The request includes downgrading several counts from a level 4 to a level 5 felony or level 5 to level 6.”

This is the second granted motion to have the charges amended, if I'm reading the motion correctly. I haven't looked at every charge to see if it's changed but they have re-numbered them. They dismissed charges on 11/07 and amended on 12/22. Now, this new motion. They were changing the charges as I was posting about them.

Defense said they had a deal but prosecution said they didn't. Maybe they do now.

What's your take on their action today?

 

[FrostedGlass]

Here are numbers 20-24 now, after the new amendment today:

 

[MistyWaters]

This is the second granted motion to have the charges amended, if I'm reading the motion correctly. I haven't looked at every charge to see if it's changed but they have re-numbered them. They dismissed charges on 11/07 and amended on 12/22. Now, this new motion. They were changing the charges as I was posting about them.

Defense said they had a deal but prosecution said they didn't. Maybe they do now.

What's your take on their action today?

Defense didn’t actually say there was a plea deal. The motion read “parties negotiated a proposed resolution”. If it had read “ALL parties“ I might be convinced but “parties” could consist of just KAK and his legal council who wrote the motion on his behalf. And a (proposed) resolution may just refer to the belief that KAK might receive a lighter sentence by admitting his guilt (which he already has done) rather than risking pleading not guilty yet being convicted during an upcoming trial. Is it only a coincidence that so much attention-getting ambiguity surrounds KAK or is it now appearing deliberate?

What is the significance of renumbering charges? My guess is the 5 that were dismissed would’ve left gaps giving the appearance some were unintentionally missing from the list of the remaining 25 so the Clerk of the Court required legal permission to tidy things up.
JMO

 

[FromGermany1]

Here are numbers 20-24 now, after the new amendment today:

View attachment 410745

02.25.2017​

^^^^^^^^^​

Obstruction of justice​

Primary tabs​

Definition​

18 U.S.C. § 1503 defines "obstruction of justice" as an act that "corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice."

Overview​

Someone obstructs justice when that person has a specific intent to obstruct or interfere with a judicial proceeding. For a person to be convicted of obstructing justice, that person must not only have the specific intent to obstruct the proceeding, but that person must know (1) that a proceeding was actually pending at the time; and (2) there must be a connection between the endeavor to obstruct justice and the proceeding, and the person must have knowledge of this connection.
§ 1503 applies only to federal judicial proceedings. Under 18 U.S.C. § 1505, however, a defendant can be convicted of obstruction of justice by obstructing a pending proceeding before Congress or a federal administrative agency. A pending proceeding could include an informal investigation by an executive agency.

obstruction of justice

www.law.cornell.edu

 

[NoSpoonFeeding]

02.25.2017​

^^^^^^^^^​

Obstruction of justice​

Primary tabs​

Definition​

18 U.S.C. § 1503 defines "obstruction of justice" as an act that "corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice."

​

First, this applies to federal prosecutions, and although the website then gives a definition of obstruction, this code applies to interfering/attempting to influence witnesses/officers of the court etc.
"Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States"

KK is charged with Indiana code, IMO, it's for removing the evidence from his phone before turning it into LE.

35-44.1-2-2. Obstruction of justice​

(3) alters, damages, or removes any record, document, or thing, with intent to prevent it from being produced or used as evidence in any official proceeding or investigation;

2017 Indiana Code :: TITLE 35. Criminal Law and Procedure :: ARTICLE 44.1. OFFENSES AGAINST GENERAL PUBLIC ADMINISTRATION :: CHAPTER 2. Interference with General Government Operations :: 35-44.1-2-2. Obstruction of justice

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

 

[FromGermany1]

First, this applies to federal prosecutions, and although the website then gives a definition of obstruction, this code applies to interfering/attempting to influence witnesses/officers of the court etc.
"Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States"

KK is charged with Indiana code, IMO, it's for removing the evidence from his phone before turning it into LE.

35-44.1-2-2. Obstruction of justice​

(3) alters, damages, or removes any record, document, or thing, with intent to prevent it from being produced or used as evidence in any official proceeding or investigation;

2017 Indiana Code :: TITLE 35. Criminal Law and Procedure :: ARTICLE 44.1. OFFENSES AGAINST GENERAL PUBLIC ADMINISTRATION :: CHAPTER 2. Interference with General Government Operations :: 35-44.1-2-2. Obstruction of justice

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

Thank you!

Then he didn't force someone other, okay.

 

[FrostedGlass]

Defense didn’t actually say there was a plea deal. The motion read “parties negotiated a proposed resolution”. If it had read “ALL parties“ I might be convinced but “parties” could consist of just KAK and his legal council who wrote the motion on his behalf. And a (proposed) resolution may just refer to the belief that KAK might receive a lighter sentence by admitting his guilt (which he already has done) rather than risking pleading not guilty yet being convicted during an upcoming trial. Is it only a coincidence that so much attention-getting ambiguity surrounds KAK or is it now appearing deliberate?

What is the significance of renumbering charges? My guess is the 5 that were dismissed would’ve left gaps giving the appearance some were unintentionally missing from the list of the remaining 25 so the Clerk of the Court required legal permission to tidy things up.
JMO

In the MS link, KG has this to say about the defense motion: 'The parties have negotiated a proposed resolution to this cause of action. Typically, of course, this means the defense attys and the prosecutors have made what's known as a plea bargain.' Maybe he misinterpreted it, too?

Maybe KAK is just going to plead guilty without a deal and leave it to the judge to decide?

I've never seen gaps left in place of dismissed charges; the dismissed charges are always there and noted that they were dismissed. I think there is one more modified charge but I haven't gone through all the charges to see which one it is. Now that they've renumbered them, searching is much more difficult. I don't understand the need for the renumbering.

The Delphi Murders: Kegan Kline's Proposed Change of Plea Hearing

On March 20, 2023, attorneys made two contradictory filings in the case against Kegan Kline. Defense attorney Andrew Achey indicated that the parties in the case have struck a plea deal. But the Miami County Prosecutor's Office pushed back. We'll discuss what all of this could mean. Our past...

art19.com

 

[NoSpoonFeeding]

I've never seen gaps left in place of dismissed charges; the dismissed charges are always there and noted that they were dismissed. I think there is one more modified charge but I haven't gone through all the charges to see which one it is. Now that they've renumbered them, searching is much more difficult. I don't understand the need for the renumbering.

MOO
Dismissed charges as in a plea agreement and a motion to amend the complaint to remove the charges and court errors are very different things. It appears to me that the prosecution did not do a proper "clean-up" when the Nov 3 2022 motion to amend (remove and update charges) was approved, as shown by the language in this new motion. It would not be possible to make a plea agreement or even continue to jury trial, without these corrections/changes to the complaint. If any remaining charges are "dismissed" in a plea agreement, they will remain on the charging information and be noted as dismissed. Did the pending hearing date, normal trial preparation or potential guilty plea get the ball rolling on something that had to be done anyway?

From the motion:
5. "Proceeding to jury trial with gaps in the charging information would be unfairly prejudicial to the State of Indiana" The jury would wonder, not in the defendant's favor, what were those charges??

6. Describes how confusing the charges and numbering are to everyone, including a jury

8. Need to correct clerks' 'number of "scrivener" errors " in the charges/complaint

Adobe Acrobat

acrobat.adobe.com

 

[FrostedGlass]

MOO
Dismissed charges as in a plea agreement and a motion to amend the complaint to remove the charges and court errors are very different things. It appears to me that the prosecution did not do a proper "clean-up" when the Nov 3 2022 motion to amend (remove and update charges) was approved, as shown by the language in this new motion. It would not be possible to make a plea agreement or even continue to jury trial, without these corrections/changes to the complaint. If any remaining charges are "dismissed" in a plea agreement, they will remain on the charging information and be noted as dismissed. Did the pending hearing date, normal trial preparation or potential guilty plea get the ball rolling on something that had to be done anyway?

From the motion:
5. "Proceeding to jury trial with gaps in the charging information would be unfairly prejudicial to the State of Indiana" The jury would wonder, not in the defendant's favor, what were those charges??

6. Describes how confusing the charges and numbering are to everyone, including a jury

8. Need to correct clerks' 'number of "scrivener" errors " in the charges/complaint

Adobe Acrobat

acrobat.adobe.com

Thank you. Seeing the actual motion clears up a lot of confusion. The charge info looks much more organized today since it was finished.

 

[Hope32]

Kegan Kline guilty plea contains no guarantee of Delphi murder investigation help

MIAMI COUNTY, Ind. — Kegan Kline has been sitting in the Miami County Jail since the summer of 2020, accused of at least 25 counts of child exploitation, child *advertiser censored* and other charges t…

fox59.com

"Nowhere in the motion is there any indication of a reduction or dismissal of charges in consideration of the guilty pleas or a promise by Kline to help detectives and prosecutors in any future undetermined criminal investigations.
...

Kline’s apparent change of his not guilty plea comes one month after the state presented its witness list intentions to call not only investigators to the stand but also his family and friends to testify at Kline’s scheduled trial in May."

 

[NoSpoonFeeding]

Kegan Kline guilty plea contains no guarantee of Delphi murder investigation help

MIAMI COUNTY, Ind. — Kegan Kline has been sitting in the Miami County Jail since the summer of 2020, accused of at least 25 counts of child exploitation, child *advertiser censored* and other charges t…

fox59.com

The reporter claims he exclusively has the (final) complaint/charges to which KK will apparently plead guilty, which should be nothing more than what was in the motion to amend the information that we saw last week. The only thing new or different is this sentence in the news article, with no further explanation: "The state also agreed to stop referring to Kline’s alleged victims as juveniles." What the heck, like in the comments to the press or in some court documents, which I don't think is possible. MOO There are plenty of attorneys that could provide commentary for this news article. I wish they would stop treating MS Kevin Greenlee attorney #2298303 as if he has some extensive felony criminal law defense or prosecution expertise. He is listed as working out of his or his mother's house as an attorney available for mediation, DUI, criminal law BUT he has only one case listed in MyCourt, for a civil domestic case. Kevin Greenlee Indianapolis, Indiana attorney Kevin Greenlee. Legal practice includes criminal law, DUI and arbitration & mediation. Research legal experience, professional associations and jurisdictions on Justia. lawyers.justia.com Public Records www.in.gov

 

[FrostedGlass]

Kegan Kline guilty plea contains no guarantee of Delphi murder investigation help

MIAMI COUNTY, Ind. — Kegan Kline has been sitting in the Miami County Jail since the summer of 2020, accused of at least 25 counts of child exploitation, child *advertiser censored* and other charges t…

fox59.com

The reporter claims he exclusively has the (final) complaint/charges to which KK will apparently plead guilty, which should be nothing more than what was in the motion to amend the information that we saw last week. The only thing new or different is this sentence in the news article, with no further explanation: "The state also agreed to stop referring to Kline’s alleged victims as juveniles." What the heck, like in the comments to the press or in some court documents, which I don't think is possible. MOO There are plenty of attorneys that could provide commentary for this news article. I wish they would stop treating MS Kevin Greenlee attorney #2298303 as if he has some extensive felony criminal law defense or prosecution expertise. He is listed as working out of his or his mother's house as an attorney available for mediation, DUI, criminal law BUT he has only one case listed in MyCourt, for a civil domestic case. Kevin Greenlee Indianapolis, Indiana attorney Kevin Greenlee. Legal practice includes criminal law, DUI and arbitration & mediation. Research legal experience, professional associations and jurisdictions on Justia. lawyers.justia.com Public Records www.in.gov

Regarding the use of "juveniles"... the defense didn't want it in the charging information; their position is it was invading the province of the jury (whatever that means). From your link

Adobe Acrobat

acrobat.adobe.com

 

[NoSpoonFeeding]

Regarding the use of "juveniles"... the defense didn't want it in the charging information; their position is it was invading the province of the jury (whatever that means). From your link

Adobe Acrobat

acrobat.adobe.com

TX, I do know the jury has to decide in each charge, if the victim's age(known or shown by expert opinion) meets the language in the statute but the charging information should be exactly as the statute reads, which includes the word child. I'm not seeing a reason for the word juvenile to be in the charges and perhaps it is referring to something that is redacted.

 

[FrostedGlass]

TX, I do know the jury has to decide in each charge, if the victim's age(known or shown by expert opinion) meets the language in the statute but the charging information should be exactly as the statute reads, which includes the word child. I'm not seeing a reason for the word juvenile to be in the charges and perhaps it is referring to something that is redacted.

The original charging document should be available to the public?

 

[NoSpoonFeeding]

The original charging document should be available to the public?

The heavily redacted affidavit is, no "juvenile" seen.

 

[FrostedGlass]

The heavily redacted affidavit is, no "juvenile" seen.

Since the first time we documented the charges, there have been changes to the dates, charges and numbers. Now we have little idea of how to search them based on what we have access to.

Just because there is no "juvenile' in the PCA, doesn't mean someone could have used it in the charging docs without thinking. Does it? In the end, I would guess it's a non-issue but it's just another oddity.