Posted 6:41 am Tuesday, June 24, 2008
Reporters, Attorney Subpoenaed In The Mineola Swingers’ Club Case
By KENNETH DEAN
Staff Writer
The trial of Patrick “Booger Red” Kelly, the third defendant to be tried in the Mineola Swingers’ Club case, was delayed until next week in a Monday hearing that saw a Tyler Morning Telegraph reporter and a local television reporter subpoenaed by the defense, effectively preventing them from reporting the case.
Staff Writer
The trial of Patrick “Booger Red” Kelly, the third defendant to be tried in the Mineola Swingers’ Club case, was delayed until next week in a Monday hearing that saw a Tyler Morning Telegraph reporter and a local television reporter subpoenaed by the defense, effectively preventing them from reporting the case.
However, late Monday afternoon State District Judge Jack Skeen Jr., granted an emergency relief request from Tyler Paper attorneys and released the newspaper’s court reporter Casey Knaupp from the rule – allowing her to report on the morning proceedings.
Skeen set a hearing for 9 a.m. today to argue the merits of the subpoenas of Ms. Knaupp, KLTV reporter Danielle Capper and Smith County Assistant District Attorney Joe Murphy as they pertain to a motion for a change of venue in the case.
Ms. Knaupp’s subpoena asked for phone records and any and all recordings or written information about the case or any of the other defendants in the case.
“The reason I subpoenaed them is directly related to my motion for change of venue,” Defense Attorney Thad Davidson said. “I am going to need their testimony for my change of venue and that is all I am going to say about that.”
Davidson told the Associated Press the reason was because of romantic relationships between the reporters and Murphy.
In reply to the subpoena, the newspaper said it was an attempt to divert attention from the trial about a swinger’s club where children were sexually abused and exploited.
“The Tyler Morning Telegraph objects to this subpoena and believes it is a desperate attempt by a defense attorney to keep the Tyler Paper from reporting on the case,” said Dave Berry, managing editor. “We believe this ambush of Ms. Knaupp was entirely unwarranted, and serves only to keep details of the court proceedings from the public. The Tyler Paper may be forced to revamp its coverage, but this will not stop us from covering the trial to our fullest ability under the law.”
In the motion Davidson filed for continuance he stated that the arrest of John Cantrell, foster father to three of the children abused in the swinger case and who was arrested last week on a California warrant for aggravated sexual assault of a child, raised the critical question of whether Cantrell and his wife Margaret Cantrell molested the children themselves.
Mrs. Cantrell has testified in two other trials surrounding the case as the state’s “outcry” witness. John Cantrell has not testified in either case. Mrs. Cantrell also denied the allegations about her husband saying the truth would be revealed.
“What does a case that dates back 18 years ago, when the victims in our case were not even alive, have to do with the guilt or innocence of these defendants on trial today?” Smith County District Attorney Matt Bingham said. “What Mr. Cantrell did or didn’t do in California has nothing to do with these victims and these victims have never implicated the Cantrells in any of this or any one other that those charged with the crime. The Cantrells have never lived in Smith County and I’m not aware of any crime that the Cantrells have ever committed.”
Bingham said he agreed with the continuance so that Davidson could receive the requested information from California authorities in the case against Cantrell, who is being extradited from Wood County Jail where he is being held to Solano County, Calif.
However, Bingham said he was strongly against the idea of moving the trial to another location.
“We are opposing the motion of changing venue, because we absolutely believe that Patrick Kelly will receive a fair trial and that the people of Smith County would be fair and impartial,” he said.
In regards to Murphy, Bingham said, “It’s my intention for Joe to continue to be the prosecutor on this case because he has prosecuted the other two cases and he has done a good job.”
Davidson said it was not his intention to keep the media from covering the trial.
“I didn’t ask for the rule; I just wanted the witnesses to appear and I am willing to say that in court,’ he said. “It never even crossed my mind that he (Skeen) was going to impose the rule. My purposes of asking the witnesses in court were just a logistics issue so that I wouldn’t have to subpoena them again.”
He added, “I am not trying to prevent the Tyler Morning Telegraph or Channel 7 from reporting the news. I am not trying to do that at all,” he said.
Attorneys for the newspaper have filed a motion to quash the subpoena on Ms. Knaupp and that motion will be heard this morning.
Berry said the newspaper was standing behind Ms. Knaupp and her ability as the newspaper’s court reporter, “We stand behind the professionalism of our reporter. Casey has always maintained the highest standard of quality, and the body of her work stands on its own.”
