A Menominee Indian Reservation resident has agreed to plead guilty next month in federal court in connection with coercing a minor to engage in prostitution for nearly five years.
According to the 14-page plea agreement, Brian L. Kelly hired a 14-year-old girl in 2010 to sweep up his barber shop for a few dollars. Shortly after, the girl, identified only as S.Z., began working for Kelly, they engaged in sexual intercourse. S.Z. received $5 to $10 each time she swept the shop and $25 to $30 when she had sex with Kelly.
Eventually, the girl was regularly sleeping with Kelly in exchange for money, according to the agreement. He would contact her by phone, text or Facebook, asking her to “work,” which S.Z. understood meant having sex for money.
The paid sex continued between Kelly and the girl after she turned 16 and Kelly opened a bait shop, the agreement stated. She worked almost daily at the shop and Kelly would ask her to stay after the shop closed to have sex in a backroom. Other times, they had sex in his vehicle. Sometimes S.Z. would have sex with Kelly after working at the shop, and sometimes she went to the shop only to have sex with him. S.Z. continued to receive $20 to $25 in exchange for sexual activity.
The agreement stated Kelly once paid S.Z. to have sex with another minor, and Kelly once discussed involving S.Z. in sexual activity with his wife and himself.
Kelly allegedly told S.Z. not to tell anyone they were having sex, and if she were asked, she was to deny any having sexual activity and say that she was sweeping or moping at the store.
According to the agreement, Kelly admitted to knowing S.Z. was a minor when they had sex and acknowledged that he persuaded, enticed or coerced her and other minors to have sex in exchange for money.
Assistant U.S. Attorney Daniel Humble said the Menominee Tribal Police referred Kelly’s case to federal authorities. All the alleged sexual activity occurred on the reservation.
Calls to Tribal Police Chief Mark Waukau Sr. and Kelly’s attorney, David Schenk, were not returned before the Leader’s deadline.
Kelly faces a mandatory 10-year sentence, but Humble said he will recommend a six-year term in exchange for Kelly’s cooperation in identifying additional minor victims and his timely guilty plea.
District Judge William Griesbach is not bound by the terms of the plea agreement and can impose a sentence from advisory guidelines that factor in all of Kelly’s conduct relevant to the offense.
Kelly is scheduled to be arraigned and to plead guilty on Feb. 4.
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