THE APPEALS ARE UNDERWAY IN THE SO-CALLED MINEOLA SWINGERS CASE, AND THE DEFENSE HAS HURLED SOME PRETTY SERIOUS CHARGES AT THE SMITH COUNTY DISTRICT ATTORNEY.

WE SPOKE WITH ATTORNEY WES VOLBERDING TUESDAY ABOUT HIS CONTENTION THAT THE SMITH COUNTY D.A.’S OFFICE PLAYED FAST AND LOOSE WITH THE RULES IN THE TRIAL OF PATRICK KELLY, WHO WAS CONVICTED IN THE CHILD SEX CASE IN MINEOLA.

BUT ASSISTANT DISTRICT ATTORNEY MIKE WEST SAYS, THE DEFENSE BRIEF IS FULL OF LIES…

VOLBERDING TOLD US, AND THE 14TH COURT OF APPEALS, THAT EVIDENCE THAT MIGHTHELP KELLY’S CASE WAS INTENTIONALLY KEPT FROM THE DEFENSE.

“There is an incredible amount of evidence that was available to the prosecutors, that was not turned over to the defense,” Volberding told us. “It includes eyewitnesses who were at the club, who had the keys to the club who did testify, told the Smith County DA’s office that none of these kids, and they looked at photographs, none of these kids and none of the defendants had set foot in their club.”

“That did happen,” Assistant DA Michael West replied, “I’m not saying nobody in our office knew about it.”

“But it gets to their contention in the appeal which is,” we pointed out, “it wasn’t presented in discovery. They didn’t find out about it until the trial was underway…what had happened, that you guys had already talked to them.”

“Yeah,” West answered, “and I can’t deny that, because that is what the evidence in the record shows that there was an interview, they weren’t told about it. They found out about it, and once THEY FOUND out about it, it’s the other half of the Brady equation, you have to show harm. If they’re able to put the testimony on that they say was suppressed, not only once but 8 times altogether. They put on the same testimony 8 times. Then the jury heard it.”

“They also had evidence that the… foster father was in fact a pedophile from California,” Volberding says.

“We gave them the records on June 23rd, over a month before trial,” West responded.

“So,” we asked, “your contention ultimately is that if evidence wasn’t turned over it was inadvertent and ultimately not harmful?”

“Inadvertant, given to them, and not harmful. They were able to use it,” West concluded.

TO SOME EXTENT, THE TRUTH AS IN THE TRIAL ITSELF, DEPENDS ON WHOM YOU BELIEVE.

THE ULTIMATE ANSWER WILL COME IN THE NEXT COUPLE OF MONTHS WHEN THE 14TH COURT OF APPEALS MAKES ITS RULING.