TYLER - It was a scheduled bail hearing for Patrick Kelly, a man on trial for what police say was his involvement in the 2007 Mineola Swinger's Club case.  The allegation, Kelly forced kids to perform sexual acts on each other in front of an audience.

In March... Kelly's appeal attorney in the first conviction from Skeen's court told us this...

"it's also that unfortunately there were different rules applied in kelly's case that are not authorized by the rules of evidence, rules which the judge apparently he allowed evidence that never enters any other courtroom."

And kelly's conviction last time around was thrown out by a higher court .

Tuesday --- Kelly's attorney is challenging a regional judge's decision to keep Skeen on the case.

Tyler defense attorney Bobby Mims testifies in an affidavit saying:

"judge skeen uses special rules of evidence and procedure that have resulted in the creation of several ad hoc rules that are only used in his court."

He goes on to say Skeen's rules help prosecutors get convictions and secure long prison sentences.

Jessica Wilson/ KETKnbc.com