Defense Motion For Mistrial Denied In 'Booger Red' Kelly Case - KLTV.com - Tyler, Longview, Jacksonville |ETX News

08/12/08 - Tyler

Defense Motion For Mistrial Denied In 'Booger Red' Kelly Case

A hearing to decide if a mistrial would be declared in the trial of Patrick 'Booger Red' Kelly has ended tonight, with that motion being denied by Judge Jack Skeen.

Kelly is the third defendant to be tried in the Mineola child sex ring. Today marks the sixth day of the Kelly trial.

The defense had claimed that the Smith County DA's office withheld important evidence in the case, thus giving them cause for the mistrial.

Kelly's defense attorney, Thad Davidson, called several witnesses to the stand during the hearing, including Texas Ranger Phillip Kemp, Texas Ranger John Vance, Captain Joyce Box of the Mineola Police Department, and Sherri Kemp, the co-owner of the Mineola Swinger's Club. Smith County Assistant District Attorney Joe Murphy cross-examined the witnesses that Davidson called before Judge Skeen ruled against the defense.

Texas Ranger Phillip Kemp also spent another day on the stand testifying as the jury watched recorded interviews with the alleged child victims before the mistrial motion hearing was heard.

The mistrial motion hearing took nearly two hours.

Kelly's trial will continue into its seventh day tomorrow.

Layron Livingston, reporting. llivingston@kltv.com

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