Tyler

By CASEY KNAUPP
Staff Writer

Several swingers, as well as the operator of the "Mineola Swingers' Club" testified Monday that no children were ever at the club.

During the 10th day of Patrick "Booger Red" Kelly's trial, the defense continued calling witnesses for the second day of presenting its case.

Kelly, 41, Tyler, is on trial for engaging in organized criminal activity -- forcing a boy to have sex with his older sister during a doctor skit at the club for Kelly's financial gain -- on Aug. 1, 2004. He could face five years to life in prison if convicted by the Smith County jury in 241st District Judge Jack Skeen Jr.'s court.

Kelly has testified in the trial, denying he sexually abused children or ever went to the club. He said he never held "kindergarten," where the children were taught sex acts, at his house and never forced them to dance for an audience, as the children claimed.

Four of the five child victims in the case have also testified. All of them identified Kelly, whom they know as "Booger Red," as being part of a group of adults that forced them to perform sex acts for a paying audience.

The victims in the case include a now 11-year-old girl, her 9-year-old brother and 8-year-old sister; the siblings' 10-year-old aunt; and a 15-year-old girl.

Sherry Adams testified she rented the building in Mineola with her husband Russ and operated the adult swingers' club they called "The Retreat" from May through August 2004. She said about 10 couples would usually come on Friday and Saturday nights.

When shown pictures of six of the defendants in the child sexual abuse case, including Kelly, she said they were not participants in the club and she didn't recognize them. She said she was shown the pictures before by two Texas Rangers in the Smith County district attorney's office and she told them the same thing. She also said there were never any children in the building.

She said she painted the walls in the building and most rooms only had beds in them. The jurors were shown several pictures Mrs. Adams said she took of the inside of the building. She described other rooms with hot tubs, an adult sex swing, a stage and karaoke machine in them.

Mrs. Adams said she never told Cindy Swoapes, the owner of the building, they were renting the facility to use it for a place where children with Down syndrome could go with their parents. She said she has a child with Down syndrome and didn't use her to get the building to open a swingers' club. She said Ms. Swoapes was aware they were using the building for a swingers' club and she did not evict them; they closed and moved out of the building on their own.

Ms. Swoapes testified earlier she was told the building would be used for Down syndrome children and when she found out it was a swingers' club, she plastered eviction signs all over the building.

Mrs. Adams said Ms. Swoapes lied.

Mrs. Adams said no one else, even Ms. Swoapes, had keys to the building except her and her husband.

She said some swingers don't give their real names to be discreet. She said she didn't think they were sneaking around, but they try to protect the identities of those who went to the club.

Mrs. Adams said the club cost about $2,000 to run each month, but they didn't charge admission; they only took donations.

She said because children were never there, there was no way a child would know it was a swingers' club or what the rooms inside looked like or what they were used for.

"They (children) may have been in there but they weren't in there when we had the building," she said later.

One of the victims drew a diagram of the inside of the building and detailed it, including a room they danced in that was painted brown with white flowers on the wall.

Mrs. Adams said she understood that if she said kids were there when she was, that she'd be sitting where the defendant sits now.

Mrs. Adams said her husband talked about law enforcement officers from Wood County being in the club, but she didn't know them. She said her husband was working in Colorado and wasn't coming back to testify in the trial.

Three self-proclaimed swingers testified for the defense.

Teresa Reece said she and her husband Marvin went to the swingers' club twice in the summer of 2004. She identified a picture of the club and said it was dark inside and she only went into one room while there. She said she never saw any children at the club.

"Children are not involved in this lifestyle," she said.

She said there were no drugs or guns allowed and she never saw any of the defendants, including Kelly, at the club, she said.

Mrs. Reece said she had no idea what went on in the club when she wasn't there and she didn't know what went on in the other rooms when she was there.

Michael Lee Storms Sr. said he and his wife Roxanne went to the Mineola Swingers' Club four or five times in the summer of 2004. He said he never saw any children, drugs or guns in the club and he didn't see anything illegal.

When shown pictures of the defendants, Storms said he didn't know who the people were and had never seen them at the club when he was there.

Storms said he was aware of what Kelly's case was about and "I couldn't say if it (child sexual abuse) did or didn't happen because I wasn't there (at the club) constantly."

Mrs. Storms, 50, testified about going to the club three or four times. She said they went for a few months until the "next thing we know there's an eviction notice" and the place was closed down. She said Russ and Sherry Adams told her about the eviction.

She was also shown pictures of the defendants, including Kelly, and said they were never at the club when she was. She said she never saw children there either.

"Nobody brings a child in there," she said. "Nobody."

Mrs. Storms said she didn't know about the sexual abuse allegations until she was contacted by Mineola police recently. She was then subpoenaed by the defense and read newspaper articles to prepare for her testimony, she said.

She said there were 20 to 50 people in the club when she went and couldn't accurately describe everyone there, but she would remember if they were there if shown a picture.

When asked by Assistant Smith County District Attorney Joe Murphy if she knew what happened at the club when she wasn't there, she replied, "No sir, I don't."

Gary Byrd, the preacher at Rosedale Baptist Church on Texas Highway 110, said Kelly lived about 200 yards from the church and he passed by his house several times. He said Kelly never went to his church. He said he didn't know anything about the case.

Terry Swinford, a deacon at the church, said he'd seen Kelly before outside his house but never saw him doing anything illegal.

John Michael Borren, owner of Time Out Gentlemen's Club, off Texas Highway 155, testified that no one under 18 has ever been in his club. He said no one but himself, his wife and one employee has a key to the building and there is a burglar alarm on it.

One of the victims testified she and some of the other children had danced once at Time Out for Kelly and the other defendants. When asked by defense attorney Tina Brumbelow, the girl drew a picture of the inside of Time Out, with a stage and pole and chairs.

When shown pictures of the defendants, Borren said he didn't recognize them as being his former employees or patrons of the club. He said in the 17 years he's operated the club, he has never had any children dance at or even enter the establishment.

"Do you remember when Jimmy Sones worked there?" Murphy asked Borren.

"I don't know that person," the witness replied.

Sones, a co-defendant, is the father of the child who testified she had danced there.

Shauntel Mayo and her live-in boyfriend, Jamie Pittman, have been convicted and sentenced to life in prison and face additional charges in the case. Dennis Pittman, his ex-wife Rebecca Pittman, Shelia Darlene Sones, who is Ms. Mayo's mother, and Ms. Sones' ex-husband Jimmy Dale Sones await trials for the alleged sexual abuse of the children.

Defendant Patrick Kelly in Smith County Court.
(File Photo)