Reversal of Misfortune
New trials for two of the Mineola Swinger's Club defendants.
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8 comments
Saturday, July 31st, 2010, 12:58 am
Think says:
Anna Annika, you mistated the position of the 14th court of appeals. If you read the opinion you know that they clearly did not, anywhere in the opinion state that there was "overwhelming" evidence of guilt. What they did say is that the evidence was legally sufficient to support a conviction. The court had to determine whether to remand the case for retrial or, the court had the option to acquit the defendants. THey found that the evidence rose to the level that they couldn’t acquit outright but had to remand. The legal sufficiency standard is a low standard. Basically, the prosecution presented enough evidence, that, unchallenged, could support the conviction. The problem is, the defense was denied the opportunity to challenge the evidence. The defense was denied the opportunity to present their case. So, while one side may present "sufficient evidence", once that evidence is challenged by the other side, it may or may not support the conviction. To say that the court said there was "overwhelming" evidence is grossly innaccurate.
It is also inaccurate to say this case was reversed on technicalities. The right to a fair trial is not a technicality. The right to present a defense is not a technicality. Gross misconduct on the part of the trial judge, including "adopting ad hoc evidentiary rules" to make sure the prosecution won is not a technicality. Trying a defendant almost exclusively by hearsay is not a technicality. Until these defendants have had a fair trial, they have not been proven guilty. And, as long as the trials are conducted in Skeen’s court, they will not be fair.
Friday, July 16th, 2010, 12:47 am
Linda says:
Well, here we go sgain, another person sent to prison for something he didn’t do. When are the "GOOD" people of Smith County going to "WAKE" up and "SMELL" the truth for a change? margie and john want the truth out there, but sit their fat asses on the stand and "PLEAD THE FIFTH"? What’s up with that? We, the families of all the innoncent people now in prison, knew they were nothing but liers and child abusers themselves, snd now, by their own actions, once again, they have proved it to the world. I wonder what those Twelve good people on the jury? will think now, when they find out about it. looks to me, like john and margie would grab at the chance to TELL all, INSTEAD OF PLEADING THE FIFTH.We all know that they wouldn’t know the truth if it kicked them in the ass, OH Well, what goes around, comes around and I just hope I live long enough to see THEM GET THEIR’S
Thursday, July 15th, 2010, 3:04 pm
Bill says:
The Jury is now deliberating. I have O faith in Texas, and after this case, even less faith in Pittmans lawyer.
Where was Kemp in all of this?
Where were the "Patrons" ?
A kid walks into a building and see’s tree’s parachutes, dead men and no motorcycle with a doll on it? No Hot tub ?
The Jury might take just a little longer, but they simply cannot, being Texans, think for themselves. This man will have to sit in prison for three more years to get cut loose.
Friday, July 9th, 2010, 11:23 pm
Linda says:
WELL, Here’ anna, someone else with "personal knowledge" of this case? GEE, with all the people,"like her" who know so much its a wonder that the judge, and his "cronies" at the d. a.s office could fit into the court room. as for TEXAS MONTHLY, and God Bless Him, Mike Hall, they are standing up for the truly innoncent ones in this case, come on, anna, get that so called knowledge, out there, We, the families of all the ones, who have been slandered and lied about, would finally like to see some of it. All we hear is talk talk, and more talk, but never seen any of this so-called proof or so-called knowledge all you JACKASSES KEEP TALKING ABOUT, AND, so PLEEEEEASE let us all in on it , or keep your fat-ass mouth shut, we are all tired of hearing your LIES
Wednesday, June 30th, 2010, 10:14 pm
Anna Anika says:
As a person with personal knowledge into the facts of this case, I assure each and everyone of Texas Monthly readers that Patrick "Booger Red" Kelly and his codefendants are VERY guilty - it’s unfortunate that Texas Monthly took such a one-sided view of this story. Even the 14th Court of Appeals wrote in the very same opinion discussed in this article that there was overwhelming evidence to support the convictions - this case is simply being sent back to the trial court for technical errors.
I have been repeatedly disappointed with Texas Monthly’s editorializing and slanted reporting of crime and law enforcement. It’s clear to me that this magazine is very out of touch with the rest of the state.
So thank you Texas Monthly for sympathizing with the plight of a notorious child molestor. Hopefully someone sympathizes with the plight of his victims.
Wednesday, June 23rd, 2010, 10:17 am
Jeanna says:
Some more of the good old Smith Couty Justice...We had some property stolen in Smith County but one of the people involved was in Van Zandt. They said since it happened in Smith County they would have to investigate. Smith County told us it was civil and wouldn’t even investigate. It is all about who you are and how it will benefit Smith county. Why arrest a known criminal that just came out of the justice system if its just going to cost Smith county more money? If we were richer people in the county, something would have been done. Smith county had no business trying this case. Wood County had already dismissed it for lack of evidence.
Tuesday, June 22nd, 2010, 7:03 am
Bill says:
To me, the appeal was a slam dunk, but on jurisdictional grounds. What Texas law says that any DA, in any county, can bring charges against people who committed a crime in a totally different county? According to Bingham, because SOME of the people involved lived in "his" county, he had Jurisdiction. At minimum, let’s hope the Cantrells go to prison, it’s my opinion that they manufactured this garbage with the able assistance of Kemp.
Thursday, June 17th, 2010, 4:07 pm
Jeanna says:
The new trials need to be moved out of Smith county. I truly believe Kelly is innocent.
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