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TOP JOBS

By KENNETH DEAN
Staff Writer

The Smith County District Attorney’s Office filed yet another motion in the case of Patrick “Booger Red” Kelly Thursday morning — this time to prohibit disclosure of documents prosecutors say is a violation of the law and a judge’s restrictive order in the Mineola Swinger’s Club case.

According to papers filed by the DA’s office, prosecutors want to seal documents submitted Wednesday by defense attorneys. The contested records were attached to a motion by Kelly’s attorney, Thad Davidson, seeking a 90-day continuance in the trial and making new allegations about the foster family taking care of the victims in the case.

The state’s motion to seal the attached records describes them as “confidential reports of an ongoing law enforcement investigation” and “psychological records of one of the alleged victims of the sexual assault.”

Kelly is the third of seven defendants to go to trial in the case, which involves the sexual exploitation and abuse of children.

The DA’s office, in its motion, asked that the documents be sealed to prevent “confidential and privileged information” from being disseminated to the public through the media.

During court proceedings Tuesday, 241st District Judge Jack Skeen Jr. warned the defense about releasing information to the media.

The DA’s motion states, “Moreover, by filing these records in an unsealed condition, the defendant’s attorneys are also in clear violation of not only the law, but also of this court’s restrictive order issued the day before the filing of their motion for continuance and personally served upon them in court.”

The motion also states Davidson has asked for a change of venue in the case, alleging the jury pool has been tainted by reporting, but he continues giving information to the media.

“The attorney for the defendant has already established that he seeks to try this matter in the press by improperly informing them of results of a polygraph examination he says his client was administered,” the state’s motion said, referring to a Sunday article on the trial written by Associated Press reporter Paul Weber.

Davidson issued an amended subpoena for Tyler Morning Telegraph court reporter Casey Knaupp to testify in a change of venue hearing Monday morning before jury selection for the trial is to begin. At the same time, Skeen is scheduled to hear defense arguments for a 90-day continuance in the case.

Ms. Knaupp, KLTV reporter Danielle Capper and Smith County Assistant District Attorney Joe Murphy, the lead prosecutor in the case, have been subpoenaed by Davidson, who claims that because the two reporters had dated the prosecutor, their coverage of the case has been biased because of the relationships.

The prior subpoena asked for all of Ms. Knaupp’s personal cell phone records and any recordings or written information she may have in regards to the case.

The new subpoena commands Ms. Knaupp to produce e-mails and/or text messages or instant messages between the reporter and Murphy dealing with the Swinger’s Club case during a time period of July 1, 2007, to June 24, 2008.

He added in the new subpoena that he was not interested in any personal messages between the two including any type of romantic messages.

“The Patrick Kelly defense team has no intent of exploring possible romance or romance-related activities of any kind in court between Ms. Knaupp and anyone else or vice-versa,” the subpoena states.

However, Davidson has already given interviews making allegations of improper information being dispersed by Murphy to Ms. Knaupp and Ms. Capper.

Though she has been subpoenaed as a witness, Ms. Knaupp can continue covering the case after Skeen ordered that all reporters be allowed to cover the trial and barred them from being restricted as witnesses in the case.

Davidson also subpoenaed circulation records of the Tyler Morning Telegraph on Thursday.

Kelly, 41, of Tyler, is charged with engaging in organized criminal activity and aggravated assault of a child for allegedly forcing two young siblings to have sex with each other in 2004. He faces five years to life in prison for each charge.

The defendant is also charged with tampering with evidence for allegedly destroying costumes the children wore when they performed for the audiences and videotapes of the children performing skits and having sex with each other. Kelly faces two to 10 years in prison if convicted of the third-degree felony.

The victims in the Mineola Swinger’s Club case — three siblings who are now a 10-year-old girl, a 9-year-old boy, a 7-year-old girl and their 9-year-old aunt — all have testified that Kelly and his co-defendants taught them beginning at age 5 how to dance and perform sex acts in “kindergarten,” then forced them to dance and have sex with each other in front of an audience at the Mineola Swinger’s Club.

The defendants collected money for the performances, but only paid the children with food. The children were also given “silly pills,” or drugs, before they danced in the club.

In November 2004, Child Protective Services began investigating allegations of neglect and drug abuse. What they discovered, after the children were removed from the home in March 2005, were children suffering ongoing sexual abuse and exploitation.

Defendants in the Mineola Swinger’s Club case who are awaiting trial include Dennis Boyd Pittman, Rebecca Pittman, Shelia Darlene Sones, and Jimmy Dale Sones.

Jamie Pittman and Shauntel Loraine Mayo have both been convicted in the case and sentenced to life in prison.