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“MINEOLA SEX CLUB” CASE BEING STALLED TO PROTECT KEMP

With Abbott now wanting to keep his paycheck, the last thing he wants to do is to hurry up the last 3 trials of the “Mineola Sex Club” perpetrators. Despite the fact that the juries in the first 3 trials didn’t let the coffee get cold before they tossed the first 3 people in prison for multiple life terms, he is now worried that the perjury and withholding of evidence by Texas Ranger Philip Kemp, the Judge and the D.A. during those first 3 trials just might ruin his chances at the polls, so he has put the breaks on the 4th trial to see what the 4th Circuit has to say about Kemp’s sexual fantasies and his “Memory loss”.

In the meantime, 3 children who were raped in Kemp’s dreams remain with a guy who can’t be brought back to California for screwing little girls because the Statute of Limitations ran out on him. ( That would be Mr. Cantrell ). CPS and CASA have an uncanny knack for finding the worst possible placements in Texas for kids, and they’ve out-done themselves this time. I have to wonder if they picked out the guys bedding?

AG Lisa Tanner is prosecuting the next victim of Kemp, so it will be interesting to see if she recommends that he have his charges reduced to a misdemeanor and probation like she did for the Texas Sheriff who raped a little girl, or if she chooses to fry his ass like she did to Allan Keate.

ANY BETS?

One thing I know for sure; if Abbott can’t keep the lid on this fiasco, you can expect both him and the hairball to throw Kemp, the D.A. and Judge Skeen under the bus before they get tarnished in this piece of legal dreck.

Tyler Mineola Swingers’ Club Cases

In 2007, the Smith County District Attorney, located in Tyler, Texas, indicted four men and two women, accusing them of conspiring to molest five young children, first by training them to dress and dance evocatively in a “sexual kindergarten,” then forcing them to dance and perform, including touching each other sexually, at a private adult club in Mineola, Texas, located in Wood County, north of Tyler. The local Tyler television stations and newspaper labeled the prosecutions the “Mineola Swingers’ Club Sex Trials.”

Attorney James W. Volberding represents the primary defendant, Patrick Kelly, and is coordinating the appellate representation for the three convicted citizens in the Fourteenth Court of Appeals in Houston.

Status of the Cases

Three of the six citizens have been tried, convicted, and given life sentences. The trials of the remaining citizens are on hold indefinitely while the Texas Attorney General’s office, which recently entered the cases at the request of the Smith County District Attorney, completes its review of the prosecutions and the allegations that evidence was concealed by the SCDA from the defense attorneys.

Jamie Pittman was tried first, and found guilty of aggravated sexual assault of a child. His conviction and life sentence were imposed March 27, 2008 by the Hon. Judge Jack Skeen, Jr., of the 241ST District Court of Smith County, Tyler. See State v. Jamie Pittman, No. 241-1419-07. His case is currently pending before the Fourteenth Court of Appeals in Houston. See Pittman v. State, No. 14-08-00723-CR.

Less than two months later, Shauntel Mayo went on trial. On May 8, 2008, she was found guilty, and received two stacked life sentences for two convictions for sexual performance of a child, and a stacked twenty-year sentence for a conviction for engaging in organized criminal activity. Like Pittman, her convictions and sentence were assigned by the Hon. Judge Jack Skeen, Jr., of the 241st District Court, Tyler. See State v. Shauntel Mayo, No. 241-1431-07. Her appeals are also pending before the Fourteenth Court of Appeals in Houston. See Shauntel v. Mayo v. State, Nos. 14-08-00622-CR, 14-08-00623-CR, 14-08-00624-CR.

Patrick Kelly was the third of the three defendants tried. His trial was conducted during August 2008 in the 241st District Court in Tyler. On August 21, 2008, Kelly was convicted of engaging in organized criminal activity, and assigned a life sentence and a $10,000 fine. Kelly’s September 12, 2008 motion for a new trial was denied. His notice of appeal was timely filed November 6, 2008. Like Pittman’s and Mayo’s, his appeal is pending before the Fourteenth Court of Appeals in Houston. See Patrick v. State, 14-09-00166-CR.

Meanwhile, the fourth of the six defendants, Dennis Pittman, is facing trial by the same prosecutors before Judge Skeen. See State v. Dennis Pittman, No. 241-1427-07. His trial, however, has been postponed while the Texas Attorney General’s office completes its review of the investigation and prosecutions.

The two remaining defendants are Jimmy Dale Sones and Sheila Sones. See State v. Jimmy Dale Sones, No. 241-1411-07. All six of the citizens have been in the local jail or state prison since their arrests in 2007. None were able to post the enormous bail demanded.  Judge Skeen recently denied reduction in bail.

Activity on Appeal

The Fourteenth Court of Appeals (Houston) has the important responsibility of reviewing three of these convictions and determining whether Patrick Kelly, Jamie Pittman, and Shauntel Mayo received fair trials. It will do so by scrutinizing carefully the transcript of testimony and documents filed in each case, and reading the briefs filed by the attorney for the Smith County District Attorney, who will argue that the convictions and sentences should be upheld, and by the attorneys for the citizens, who will argue that the Court of Appeals should acquit the citizens or order new trials.

Concealment of Evidence

Patrick Kelly’s trial was fiercely contested by Kelly’s attorneys: former Marine fighter pilot Thad Davidson and Tina Brumbelow. Despite repeated assurances by the Tyler prosecutors that all constitutionally required exculpatory, impeachment, and mitigating evidence had been disclosed, Davidson discovered astonishing evidence that had not. After Kelly’s conviction, other unrevealed evidence was discovered.  The concealed evidence will be central to the appeals and remaining trials.

Related Media Publications

Texas Monthly investigated the prosecutions carefully to find out why crimes, which allegedly occurred in Wood County, were being prosecuted in Smith County, when the Wood County investigators concluded that no crimes had occurred. In April 2009, Texas Monthly published its results in a lengthy analysis of the evidence and personalities involved, and raising serious concerns.

Texas Monthly

Texas Monthly Blog: 8/1/2009, 7/1/2009, 4/1/2009

CPS Channel 19 reported throughout the trials, but is the only television station which has recognized the significance of the concealed evidence and the involvement of the Texas Attorney General.

CBS Channel 19

Contact Information

For information about the Tyler Mineola Swinger’s Club trials, please email James Wes Volberding at info@jamesvolberding.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If you are a reporter, please call Mr. Volberding at (903) 597-6622.


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One Comment

  1. All . . .

    I am Thad Davidson. I was Patrick Kelly’s trial lead trial lawyer. My co-counsel was Tina Brumbelow.

    The article correctly points out that the Smith County DA’s Office and Ranger Kemp hid, buried and lied about exculpatory evidence that cleared Patrick Kelly.
    Numerous others did, too, including several CPS workers assigned to Smith County. This was clear not only during the Patrick Kelly trial, but was made even more so during pretrial hearings in the subsequent case, State v. Dennis Pittman, handled by the great trial lawyer, Jason Cassel, whose work began where mine ended. Also critically important in all of this is the brilliant mind and legal writing of Patrick Kelly’s appellate attorney, Wes Volberding, whom so many owe so much to in the Mineola Swingers Club set of cases. There are numerous others–lawyers, mental health experts, and more–who tremendously helped us from the shadows.

    Patrick Kelly is an innocent man. He passed a polygraph given by one of the most respected, toughed examiners in the State. The raw data from that polygraph test was examined by 4 or 5 other top polygraph examiners, and all of them–ALL OF THEM–independently concluded that Patrick Kelly was completely truthful during his polygraph. The polygraph examiner who did the original exam is the same polygraph examiner the Smith County DA’s office used for years . . . and that office and the DA and lead prosecutor in the Kelly case ignored the polygraph results and ignored the examiner, who told them in writing that Kelly was truthful (meaning that he was innocent). Their conduct is beyond shameful.

    But there is so much more–

    No physical evidence in the case. No DNA. No forensics. No adult witnesses. Vastly and grotesquely inconsistent stories by the so-called child witnesses, who were primed, pumped, and led to their “testimony” by Kemp, Cantrell and Co.

    Also: Lots and lots of buried, hidden, lied-about (and even destroyed) exculpatory evidence. And lots of lies by key State witnesses.

    Also: The Wood County District Attorney has openly stated that no sex offenses occurred against children in his county in connection with any of the Mineola Swingers Club cases. And yet these crimes supposedly occurred there. The Mineola PD did an investigation. The FBI participated. What did they find? Nothing.

    What the Smith County DA’s Office did here, with the help of Ranger Kemp and a number of CPS personnel, as well as two particularly crooked ADAs, is a miscarriage of justice rarely seen in TX criminal law history. (I am not permitted to freely express my feelings and opinions about the trial judge in the case.) The people who did this need to be punished, and severely so. As in removed from power and held personally liable via federal lawsuits.

    One very small correction: I was a Marine pilot who flew RF-4B Phantom IIs. I also flew RF-4C Phantom IIs with the USAF. The Phantom II is a tactical jet fighter; I flew the reconnaissance variant of it (hence the “R” attached to the F-4B). Many aviators in my Marine squadron referred to themselves as “fighter-reconnaisance” pilots or aviators, or simply
    “reconnaissance” pilots or aviators. Our primary mission was reconnaissance, although, in truth, we spent significant time dogfighting each other (and anyone else who wanted to scrap).

    Thank you for your passion in the article. Keep up the good fight. Keep pressing until the innocent are freed and the guilty who put them behind bars . . . face bars of their own.

    T.W. Davidson
    Patrick Kelly’s Lead Trial Lawyer
    Davidson Law Office
    329 S. Fannin Ave.
    Tyler, TX 75702
    (903) 535-9600 (tel.)
    (903) 533-9394 (fax)

    1. Thad Davidson on December 24th, 2009 at 2:31 am

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