Former Cherokee School Board Member Gets New Sentence

CANTON, GA -- The former Cherokee County School Board member who appealed her conviction of lying when she told police that former Superintendent of Schools Dr. Frank Petruzielo tried to run her over in 2013 has received a new sentence. Kelly Trim, formerly known as Kelly Marlow, and husband, Robert, will have to serve 60 days in jail and 24 months on probation.

Robert and Kelly Trim were convicted in 2014 on two felony counts of making false statements while defendant Barbara Knowles was convicted on one count of filing a false police report and two counts of making false statements.

The Trims appealed the jury's verdict and in October 2016, the Appeals Court of Georgia threw out the convictions and sent the case back to Cherokee County Superior Court to be sentenced as misdemeanors. The new sentence still requires both to serve time in jail on the weekends, but reduces the probation period from 10 years to 24 months. The Trims, dressed in business attire, sat quietly and took in the proceedings while the lawyers made the case before Superior Court Judge Ellen McElyea.

The previous special conditions imposed when the original sentence was handed down -- staying 500 yards away from Petruzielo, paying a $2,000 fine, performing 200 hours of community service and not taking part in any political activity -- still stand. However, McElyea did allow Kelly and Robert Trim to attend student activities her children take part in at Woodstock High School.

They also must not have any form of contact with witnesses in the original trial, can't enter any premises owned or operated by the Cherokee County Board of Education (aside from Woodstock High School) or any attend any school board meetings.

Brian Steel, attorney for Kelly Trim, also spoke on behalf of Robert, whose attorney was unable to make Wednesday's hearing, as he is recovering from a medical procedure. Steel asked McElyea not to sentence his client and her husband to jail time, adding "they have been more than model citizens.” Kelly Trim is not only involved with her children, but she and her husband have volunteered in the community and have even assisted a Texas family who had their home destroyed by Hurricane Harvey.

“They are good people," he added, noting the pair have not had any run-ins with law enforcement since the May 2014 sentencing (SIGN UP: Get Patch's Daily Newsletter and Real Time News Alerts. Or, if you have an iPhone, download the free Patch app).

McElyea stood by the sentiments she shared when she handed down the original sentence to the three defendants. In an era where there's a plethora of information available, the judge said the truth remains "hard to find." In this case, the evidence doesn't change the fact that the defendants consistently "lied" to officers and investigators, she added. She also said the trio took advantage of law enforcement during a chaotic night -- when parts of Cherokee suffered from power outages and downed trees due to a storm -- to attack a political foe.

In the days following the allegations made on June 13, 2013, those same law enforcement officers took the time and energy to investigate the circumstances of the report because they "could not ignore an allegation made about a serious offense allegedly committed by the superintendent of schools," the judge continued.

McElyea, who also presides over the county's DUI/Drug Court, said she has participants who, when confronted with concrete evidence, will remain in denial about why they relapsed on their drug of choice.

“We call it going down with the lie, and that is what’s happening," she told the defendants.

She also said the Trims have yet to address their "abuse" of the justice system or even express remorse for their actions against the former schools superintendent.

"That fundamental issue doesn't seem to have been addressed," she said before handing down the sentences.

Steel also asked McElyea to consider sentencing the Trims on first offender status, a request she rejected.

Kelly Trim was elected to the District 1 seat of the Cherokee County School Board in 2012 and had to resign from the seat following her conviction. The Trims and Knowles were arrested weeks after they alleged Petruzielo tried to run them over as they crossed East Main Street after a school board meeting. They were indicted by a grand jury in October 2013 and they were convicted on the charges presented in the indictment in April 2014.

Images via Kristal Dixon