After a week of testimony, defense attorneys for Patrick 'Booger Red' Kelly filed yet another motion this morning. Kelly is on trial for sexual assault of a child and his alleged involvement in the Mineola child sex ring. The defense is now calling for a possible mistrial.
KLTV 7's Layron Livingston was in the courtroom when it all went down - all outside the presence of the jury.
Defense attorney Thad Davidson claims the the DA's office violated his client's rights, withholding crucial information regarding the investigation into this case.
The motion details how a Mineola police officer met with the defense about recorded conversations between officers and the operators of the alleged Mineola swingers' club.
In those conversations, the operators say they were familiar with the club members. The owners were interviewed by Smith county DA investigators early on, who showed them photos of a number of the sex ring defendants, including 'Booger Red' Kelly.
The motion states the operators could not identify either defendant.
The officer claims she also spoke with members of the club who says no children were involved in the club during the time period when the alleged sexual acts occurred, and that every member was carded at the door.
The defense claims the Smith County DA's office knew all this information. As an alternative to the mistrial, they're asking the trial be put on hold pending an investigation by the state Attorney General's office.
But prosecutors in this case say there's nothing to investigate.
"The defense council I think, erroneously believes that just because there's witnesses out there that automatically there's exculpatory evidence. Judge, we are required to give any exculpatory evidence that we have in our possession. Obviously that does not limit them or make it so that they cannot go out and investigate this case," said assistant Smith County DA Joe Murphy in court today. "...Judge, we have given them everything that we have in our possession, and that is what we were required to do. What they have from the Mineola police department was never in our possession."
"This information was in the possession of the DA's office sometime in the past, presumably before there were any indictments in this case," argued Kelly's defense attorney, Thad Davidson. "That information, obviously, never came to us. We got it the hard way. We got it by doing our own investigation....We got it by subpoenaing everybody we could think of."
As an alternative to the mistrial, the defense would also like the trial to be put on hold until an investigation by the state attorney general's office.
The court is expected to hear the defense's motion tomorrow evening during a 5:00 pm hearing.