No Decision On Change Of Venue In 'Booger Red' Kelly Case - KLTV.com - Tyler, Longview, Jacksonville |ETX News

06/30/08 - Tyler

No Decision On Change Of Venue In 'Booger Red' Kelly Case

A trial date has been set for the third defendant in the Mineola child sex ring case.

Today, the court granted Patrick 'Booger Red' Kelly's defense team two more weeks to prepare its case before it goes to trial.

On July 14th, the trial is expected to get under way, but even that's still up in the air.

KLTV 7's Layron Livingston was in court all day, and tells us why 'Booger Red' could be there for a few more days to come.


The defense wanted 90 days, and the judge only granted 14.

But there's the still the matter of whether Patrick 'Booger Red' Kelly will be tried in Smith County.

In an affidavit, a witness for his defense writes, "There exists in this county a great prejudice against the defendant, that he cannot receive a fair and impartial trial in this county..."

That's something defense attorney Thad Davidson set out to prove, calling several witnesses to the stand.

"What have you seen in the press?" he today asked Angel Hendricks in court. "I've seen, um....basically a Salem witch trial," she replied.

Hendricks says she contacted the defense after watching one of our reports, and she says press coverage is to blame.

"The news media are so biased in their one-sided presentation of the story....They are presenting stories and have influence of the people of Smith County," she testified today. 

But, district attorney Matt Bingham says that's just not the case.

"They are reporting what they heard in here. Isn't that what you're asking them to do?...Report both sides of everything?"

Family members of the defense have their opinion. "Where I work, I've seen the reaction on people's faces," said 'Booger Red' Kelly's sister, Latricia Fulkerson. "I even heard one customer say he's guilty. Others don't really say much. You can just tell by the look on their faces."

The final decision rests in the hands of a jury which has yet to be selected. The change of venue ruling is expected to come down tomorrow morning.

If granted, the July 14th trial date would be pushed back.

Layron Livingston, reporting. llivingston@kltv.com

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