WHY PROSECUTE?
According to Judge Daugherty, the presiding judge at the first criminal trial, the only reason for prosecuting was because Kyle disagreed with and did not like the rulings of Judge McGraw during the Guardianship hearings.
Judge Daugherty made this comment in front of 20 or more witnesses.
According to Attorney Michael Riley it's because "they" don't like Kyle because "they" think she is weird. "They" think Kyle is weird because:
- She changed her name. (Kyle legaly changed her name from HAM to HAMILTON because she is a stage actor and she felt she wouldn't be taken seriously with the name HAM.)
- She lives in California (and EVERYBODY KNOWS people from California are weird).
An Officer of the Court stated that Kyle may not have done anything wrong legally, but what she did was a sin.
Another Officer of the Court said that Judge McGraw wants her prosecuted and even said "Find something to charge her with."
Another Officer of the Court maintains that Judge McGraw stated, in reference to earlier hearings, that he had not ruled according to law but rather by what he personally felt was morally correct.
According to one local law enforcement officer they are trying to cover their tracks for not prosecuting Ned Tonner when Kyle pressed charges against him for doing the same thing for which they charged Kyle with a Class D Felony. They declined to prosecute because Tonner happens to be the city attorney.
And another local law enforcement officer has no idea why. He just knows that they're pushing other things aside because one of the top priorities is to "get (Kyle) Hamilton."
Kyle's Aunt Jiggs wanted Kyle cut off because Kyle had left the Catholic Church and converted to another religion of which Jiggs disapproved.
Jiggs may also have been trying to cover up for funds (nearly $100,000) that went missing while she, Jiggs, had held a power-of-attorney for Martha.
However, the best answer to this question comes from Chief Deputy Prosecuting Attorney Kathryn B. O'Neall in her plea offerings.
When charges were originally filed and every time new charges were filed, O'Neall offered a plea agreement to Kyle. Essentially, if Kyle would plead guilty to any misdemeanor then all the remaining charges would be dropped. She could return home with no time served, perhaps a small fine and maybe some community service which could be performed in California. Eventually the total reached six felony charges and six misdemeanor charges.
The catch was that Kyle had to admit guilt in that "she exerted unathorized control over some of the property that should have been in the hands of successor-guardian or the trustee."
In other words, Kyle had to allow them to justify everything they had done to her mother and her. This would also make it difficult to proceed with filing a civil suit against Potter, Comingore, Tonner, Gray, McGraw, the city of Rensselaer, the state of Indiana, Jasper County Hospital, and/or National City Bank. It would also discredit her charge made to the U.S. Attorney against specific individuals in the case which include charges under RICCO.