ROB BONTA State of California Attorney General DEPARTMENT OF JUSTICE TS00 STREET, SUITE 125 P.0. BOX 944255 SACRAMENTO, CA 94244-2550 Public: (916) 445-9555 Telephone: (916) 210-7254 Facsimile: (916) 324-2960 E-Mail: David Lowe@sdoj.ca gov October 26, 2023 Deanna _ In an October 4, 2023, email to the Attorney General’s Public Inquiry Unit, you requested that our office examine the Calaveras County District Attomey’s decision to dismiss criminal charges against Fr. Michael Kelly, as related to allegations of sexual assault and your son Trevor Martin. Typically, the decision of whether or not criminal charges are to be pursued in a particular case is left to the discretion of the local District Attomey. It appears that in this instance, the District Attomey’s Office dismissed the indictment retumed against Fr. Kelly after the tragic death of your son in 2016, Consequently, and in response to your request, we have agreed to review the District Attomey’s decision for abuse of discretion, ‘When we are asked to review a District Attomey’s decision not to pursue criminal charges, we apply a deferential standard of review, which asks whether or not any reasonable prosecutor could come to the same decision as the one that the District Attomey reached here. ‘We will be applying that standard to the instant matter. To facilitate this review, we have obtained all of the information the District Attorney had in reaching her conclusion. Becanse the volume of material received is significant and the review will take some time, we ask for your patience. Upon the completion of our review, we will let you know of our findings. Thank you for contacting the Office of the Attomey General. Sincerely, David A. Lowe DAVID A. LOWE Deputy Attomey General For ROB BONTA Attomey General