Kelly died of an apparent suicide in September of 2009. Prosecutors filed a motion today saying that public comments made by the former governor and his attorneys indicate that they may include Kelly's death into the case. "Neither Mr. Kelly's death, nor the fact that it resulted from an apparent suicide, has any bearing on any matter at issue in this case" wrote prosecutors in their 20 page motion filed today.
Kelly, who was 51, pleaded guilty to two counts of mail fraud for his part in an illegal scheme that earned him $8.5 million in contracts at O'Hare International Airport. He was to start serving an eight-year sentence when his body was found in south suburban Country Club Hills.
Rod Blagojevich's trial is to start in early June.