Judge Denies Trim's Motion For New Trial

Sign up for the Canton-Sixes Patch newsletter!

---

Another legal challenge brought forth by the attorney for former Cherokee County School Board member Kelly Trim has been rejected by a local judge.

Cherokee County Superior Court Judge Ellen McElyea on Wednesday denied a motion filed by Brian Steel for a new trial. Michael Dupont, the attorney for Trim’s husband, Robert, also joined the motion for a new trial, which was also rejected.

Blue Ridge Judicial Circuit District Attorney Shannon Wallace confirmed McElyea’s decision to Patch, adding her office is ”very pleased with the court’s ruling.”

The Trims, along with fellow co-defendant Barbara Knowles, were found guilty of lying to Canton police when they accused Cherokee Superintendent of Schools Dr. Frank Petruzielo of trying to run them over following a contentious June 2013 school board meeting.

The trio were sentenced to serve 60 days in jail and 10 years on probation. However, McElyea in July 2014 granted the three defendants an appeal bond, which allows them to remain out of jail pending an appeal of their cases.

The conviction forced the former Kelly Marlow to resign from the Cherokee County School Board District 1 seat.

Wednesday’s ruling is the second motion filed by Steel that has been rejected by the Superior Court. Senior Judge Frank C. Mills in November rejected a motion for McElyea to recuse herself from the case.

In that motion, Steel originally argued McElyea and Petruzielo have a relationship through their service on the Reinhardt University’s Board of Trustees and that his client was unaware of their connection.

McElyea initially rejected that request, but decided to file the motion ”in an abundance of caution.” That moved the case to fellow Superior Court Judge David Cannon Jr., who later disclosed his uncle — Billy Hasty Jr. — is a member of the Reinhardt Board of Trustees, thus recusing himself from the case.

Since Chief Superior Court Judge Jackson Harris recused himself in 2013, that meant the appeal had no superior court judges in the Blue Ridge Judicial Circuit who could hear the case.

That dilemma kicked the issue to the Ninth Judicial Administrative District, which appointed Mills to hear Steel’s motion for recusal. The district had the task of assigning either a sitting or senior judge to hear the motions.

Return to Patch for updates.

---

Image via Shutterstock