Man accused in Letterman plot loses appeal

He received a 10-year sentence for overcharging for painting job

Evan Agostini / AP

The man who had been charged with a plot to kidnap David Letterman's son had his appeal denied Tuesday. Kelly Frank was eventually imprisoned for overcharging Letterman for painting work.

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updated 5:39 p.m. ET May 20, 2009

HELENA, Mont. - The Montana Supreme Court has denied the appeal of a man once accused of plotting to kidnap David Letterman’s young son from Letterman’s ranch in Montana.

The 2005 kidnap-related charges against Kelly Frank were ultimately dismissed, but Frank was sentenced to 10 years in prison for overcharging the talk show host for painting work at his ranch.

Frank, 47, escaped from a state prison ranch in June 2007 and was recaptured six days later. He was given an additional 10 years for the escape.

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Frank appealed his escape conviction to the state Supreme Court, which on Tuesday affirmed the conviction.

Prison spokeswoman Linda Moodry says Frank will be eligible for parole in May 2011.