Shameful Texas Court of Criminal Appeals wimps out in Keller day care case
The Texas Court of Criminal Appeals embarrassed itself recently by refusing to find Dan and Fran Keller innocent of charges that they sexually molested children in their Austin day care center in 1992. Fortunately for the Kellers, however, the court finally did overturn their wrongful convictions after they had served 22 years in prison. It had little choice since there was no credible evidence that any of the children in their care had been sexually abused after Dr. Michael Mouw, the ER doctor who provided the only physical evidence corroborating the accusers, recanted his testimony after attending a medical conference and discovering his medical diagnosis was mistaken.
The Keller case was one of many satanic witch hunt prosecutions during the 80s and 90s that were initiated by the twisted imaginations of sexually fevered therapists, social workers, police and prosecutors who were adept at using leading questions to get young children to agree to false accusations. Jody Seaborn reports,
Without a finding of innocence, Dan and Fran Keller remain victims of a great injustice. It’s stunning to consider how credulously police and prosecutors fell for the incredible. Under leading and suggestive questioning by therapists, investigators and their parents, several children who attended the day care the Kellers ran in Southeast Austin told tales of videotaped orgies, of murder and dismemberment by chainsaw, of cats and dogs tortured and killed, of shark-filled swimming pools and a mutilated gorilla in Zilker Park, of corpses dug up and desecrated. The children also told stories of blood-soaked satanic rituals and of day flights to Mexico, where soldiers molested them before they were flown back to Austin in time to be picked up by their parents from the Kellers’ day care.
This case is very similar to the Wenatchee Sex Ring prosecutions in Washington State in the mid 90s. I have personal knowledge about it because I recruited 40 lawyers in the Seattle area and organized them into 17 teams assisted by law students from Innocence Project Northwest at the University of Washington School of Law. Each team was assigned to an innocent client who had wrongfully been convicted of swapping their children for sex during satanic orgies conducted in a church basement. We were successful in getting all of our clients released from prison.
As in the Keller case, the only evidence that corroborated the fantastical accusations by children in the Wenatchee case was provided by an incompetent ER doctor who did not know what he was talking about.
Another similarity was the stubborn refusal of therapists, social workers, police and prosecutors to admit the defendants were innocent. The Texas Court of Criminal Appeals sided with them despite the fantastical nature of the accusations, the use of improper child interrogation techniques and the absence of any evidence that supported them.
The Kellers spent 22 years in prison for something they did not do and their reputations have been destroyed. The cowardly refusal of the Texas Court of Criminal Appeals to set the record straight is shameful and disgusting.
They probably sympathized with the state officials who believed the Kellers were guilty and they wanted to protect them from being sued.