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I FOUND ANOTHER HONEST LAWYER IN TEXASS, A RARITY.

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
This came as an unsolicited response to my prior piece on the corrupt judicial system going on in Philip Kemp’s fantasy, “The Mineola Sex Club Caper”.
I did not know until I read the Appeal made by another honest Attorney, Mr Volberding, that
Kemp was working hand in glove with a known pedophile and his enabler, the Cantrell’s, but that really didn’t surprise me. Nor did the fact that CPS and CASA was in on the scheme with the D.A. and the Judge surprise me.
The bottom line is that the State of Texas, in order to get convictions of 6 innocent people, were willing to sacrifice at least 3 of the children into sexual slavery to a known pedophile where they remain to this day.
I found out yesterday that NONE of the children were examined forensically in this case in the very beginning, and that bothered me. I thought it just might be a good idea to examine at least the girls now for any evidence of sexual abuse. Sadly, those tests would now be useless now that Cantrell has had access to them for the past 4 years on a nightly basis.
I’ve seen and heard about some mighty sleazy activities by LE, the Court, the prosecution and CPS and CASA, but this story takes the prize for the most despicable I’ve ever come into contact with. The ONLY way this bullshit is going to stop is if the people who orchestrate these tragedies go to prison for the terms they would impose on their victims.

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25 Comments so far (Add 1 more)

  1. I have wondered where in the world is the ACLU - they should know if Texas gets away with this - other minorities are next (or any other non-popular group).

    The fact the violation was so blatant and used on such a mass scale - the ACLU should be all over this?

    The Southern Poverty Law Center should be ashamed of their role in the civil rights violations against the FLDS.

    2. * on December 27th, 2009 at 11:55 pm
  2. The Ranch children are the wrong color for the ACLU to get involved.

    As for Harvey, if he holds himself out to be the “Protector” of Texas’s “Girls” he sure is doing a mighty shitty job of it.

    3. Bill on December 27th, 2009 at 3:40 pm
  3. There really should be a civil rights investigation of Hilderbran and his pals. His own words can easily be used against him.

    Don’t ever forget, there have been very few haters and bigots in history who are in government who didn’t use THE LAW to carry out their hatred and bigotry, and they almost always had some cover story. Harvey’s cover story is apparently that he wants to protect the girls.

    The ACLU should be all over this.

    4. Bob on December 27th, 2009 at 3:13 pm
  4. Harvey’s new law amping up the stat rape penalty to up to 99 years if the perpetrator was already married went into effect in 2006. I am in my early 40’s and married. What this means is if I get busted having sex with a 16 year old, I face up to 99 years in prison on account of my marital status. Whereas my brother who is single can only get 20 years max. It would be interesting to know of all the stat rape cases since that time, how many were convicted of 1st degree assault instead of 2nd degree assault merely on account of their marital status.

    5. duaneh on December 27th, 2009 at 12:42 am
  5. Harvey just claimed that he’s been receiving “Hate mail” from the FLDS.

    I will be more than happy to contribute $1,000.00 to the charity of his choice if he produces ONE letter that was either mailed to him through the post office, or sent to his e mail address, and was written by an FLDS member and was “Hatefull” in any way.

    Harvey can’t do that because Harvey is a fucking bigoted lair! Bill Medvecky will tell him that, but the FLDS never would, it’s just not the way they practice their religion, something that he would never be capable of understanding.

    As for praying for harm to come to him, if they don’t hold hourly pray vigils for barbie’s demise, they sure in hell wouldn’t bother with that irrelevant slob.

    6. Bill on December 26th, 2009 at 8:32 pm
  6. Any way you slice it Ron,

    A law that specifically targets one group of people over all others is un-Constitutional.

    The “Law” has been the “Law” now since September 1, 2006.

    Since that time, Texas continue’s to screw their little girls in record numbers each and every year.

    In all that time, Harvey’s :Law” sat waiting, and only when it could be used against the FLDS men specifically, was it invoked.

    In tens of thousands of cases of fat little bellies, you expect me to believe that not one non Mormon was an adult that knocked them up?

    You might have a case if there were a few dozen old geezers sitting in prison, but there hasn’t been ONE indicted until barbie’s GJ saw the Mormon Bible in the mens hands.

    7. Bill on December 26th, 2009 at 8:18 pm
  7. The biblical reeping………………….. someone needs to read the biblical passages on polygamy and marraige and then throw in the “unedited” BOM.

    Seems that the freedom to practice ones religion applies to everyone except Fundamentalist Mormons.

    8. zxc on December 26th, 2009 at 7:36 pm
  8. Ron said: However, the FLDS are getting the Biblical reaping of what they have sown. When you follow a guy who marries 12 year old girls, who gives 14 year olds to one guy and then turns around and “assigns” them to someone else, you pretty much deserve whatever happens to you.

    =========================================

    There are people who are part of the FLDS - who include many children. My problem is the raid harmed children - they didn’t deserve to be harmed. Plus there were at least some families who according to CPS had NO ABUSE in their family - they were harmed.

    As for deserving what every happens to you, would you say this to the millions of Catholics. Look at the Catholic church with their long, long history of abuse - millions make the decision to still follow the church. The only difference is there are thousands of FLDS members and millions of Catholics.

    9. * on December 26th, 2009 at 5:03 pm
  9. As for why it’s done, there’s a few reasons.

    Like what Duane said, I think there are a psychopaths who are attracted to Government jobs. Child abuse investigations are perfect for these people - it allows them to break rules (and no one will say anything) and inflict pain on innocent people. Added plus of all the disgusting stories and pictures.

    Add to the mix real abuse victims who never have really recovered and use these cases to deal with their own issues.

    But the majority of people are neither of the above two but normal people who just get caught up in the hysteria. They know it’s great for their career and social status to uncover abuse. To do something which helps the defense is, in their minds, hurting children. You can see this on Blues site, anyone who disagrees with the State is called a pedophile protector.

    What happens a person tells lie A and the next person knows some facts which would help the defense. Based on the lie A, this person thinks the defendant is already guilty, so they tell lie B. Then with a third person, based on lie A and B, tells lie C. The jury then convicts based on A, B, and C.

    The truth is there are a lot of child abusers around. People want to believe they are in strange cults or go to strange clubs, but it’s just as likely the abuser will be the person next door.

    10. * on December 26th, 2009 at 4:55 pm
  10. Bill

    You know where I stand. CPS craps on lots of people. As you said power corrupts and too much power has been given to CPS.

    However, the FLDS are getting the Biblical reaping of what they have sown. When you follow a guy who marries 12 year old girls, who gives 14 year olds to one guy and then turns around and “assigns” them to someone else, you pretty much deserve whatever happens to you.

    I see the tragedy in sentencing guys who have no prior criminal records to long prison sentences. Is it just? That’s not really my call.

    I do know that painful realities will sometimes to snap people out of their stupidity. I’d call what’s happened to Keates and Jessop “painful realities.”

    11. Ron in Houston on December 26th, 2009 at 4:41 pm
  11. I’m sure the 14th Circuit in Houston is trying its damnedest to uphold the convictions in Kemp’s fantasy, lest they incur the wrath of “Judge” Skeen.

    The State also knows that if Mineola goes down, it could easily take the Ranch case with it since the same players (Kemp, Tanner, the AAL’s, GALs, Casa and CPS workers for the children) were also involved in both cases.

    The same pattern of lying, hiding and destroying holds true in both cases and perjury the second time around comes a lot easier.

    12. Bill on December 26th, 2009 at 1:53 pm
  12. In this case it is Texas that put itself on the hot seat as their officials lied to the press and as they led the assault on the ranch.

    Texas used tanks and LE as assault troops against 700 people with 7 hunting rifles.

    The feds used a few suburbans against Tony Alamo.

    Yep……………Texas deserves the reputation that they brought on themselves and nothing can mitigate the situation.

    Now there is virtual silence as the State persecutes the church in its Kangeroo court. Persons that disagree with the official line are banned from media sites and as in my case have been threatened with an “investigation” by individuals supporting the State.

    This is a Texas issue and not much will hide the shame that zealots have brought to my State.

    13. zxc on December 26th, 2009 at 1:17 pm
  13. Ron reminds me of a very good friend of mine. He was the nicest, kindest guy you ever met in your life; until he had a few beers and then you wanted to kill him.

    Ron’s “Drinks” seem to be TBM. When he gets near that halfbreed, he turns into a different person.

    14. Bill on December 26th, 2009 at 1:05 pm
  14. Well it’s an odd day when I agree with Ron, but I guess this is going to be another one of those days. Your right, this isn’t just a Texas problem, it’s a nationwide one. Maybe the reason we’re so down on Texas is that when they do it, they do it in a big ol’ Texas way. There’s an arrogance that they couldn’t possibly be wrong, one that goes all the way up to the Hairs office, that is hard to stomach.

    I agree it would be an interesting psych study, but I doubt we’d ever see the results. There are a good number of lawyers and officers out there with honesty and integrity who take action and speak out in the face of corruption, it’s just very hard to see them for the effects of those who are corrupt and those who see corruption and do nothing for a host of reasons.

    15. JJ on December 26th, 2009 at 10:46 am
  15. Their mindset is basically simple;

    Absolute power corrupts absolutely.

    For example: Some dude shoots a policeman; is he going to have 50 bullets in him, or is he going to stand trial?

    Judge, Jury, Executioner.

    And they don’t even pretend it’s otherwise.

    We don’t need lawyers, we don’t need judges, we certainly don’t need trials, we just need cops with guns.

    16. Bill on December 26th, 2009 at 9:38 am
  16. Awe, why the slam against Texas lawyers? It’s a very big bar so like most things you’re going to have both good and bad - honest and dishonest.

    I’ve always wondered about “prosecutor mindset” and cops that believe testilying is OK. What really goes on in these minds? Is it that they get so wrapped up in thinking their doing “good” that the feel the ends justify the means? It would be an interesting psychological study.

    17. Ron in Houston on December 26th, 2009 at 9:18 am
  17. I’m not surprised that public servants and officials were involved.

    Remember all the lies that George W. Bush told to convince the public that the U.S. needed to invade Iraq? When I lived in Texas, my African-American co-workers used to say that Bush was the “lyingest” man on earth.

    That ought to tell you something about Texas politics.

    18. Cupcake on December 24th, 2009 at 10:32 pm
  18. Why do they do it????? Because they can.

    Look at the setting…East Texas. You have a good ole by network that goes back to 1845 and the accusations alone will quiet even the doubters. Want to get a new stripe in the rangers….get the crime dejure guys. Meth labs were the excuse a few years ago and now it is SEX deviants.

    A swingers club has to have perverts and perverts are all alike……if ya can’t find something on a pervert the next best thing will do.

    Everyone forgets that this is Texas………..the land of the good ole boy.

    19. zxc on December 24th, 2009 at 10:24 pm
  19. Yes, I know government positions attract psychopathic personalites. As in those who who love power and cannot feel empathy.
    Dennis Radek, the BTK killer, his last victim was in 1991. He actually said that when he landed a job as a city zoning enforcement officer, he no longer needed to kill and torture victims on account of his job enabling him to harrass neighbors, making sure their grass was short enough, enforcement of trash codes, etc…satisfied his urges to dominate and control. But still, I wouldn’t think everyone in power positions weren’t psychopathic.

    Anyway, I hope everyone here has a Merry Christmas.

    20. duane on December 24th, 2009 at 10:00 pm
  20. The FLDS frame-up goes all the way to Big Hair’s mansion.

    21. Riki on December 24th, 2009 at 7:58 pm
  21. Duaneh,

    The longer answer to your two questions.

    Why do they do it can be answered in several ways. The first, we seem to have a need to keep the American public afraid. Look at WWII when we interred Japanese Americans and all that was involved. The McCarthy Era brought us the fear of Communism and made us further afraid. We can always find something to keep us afraid and justify more government agencies and politicians who get voted into office on the platform that they will “protect” us from whatever enemy is in vogue. In recent decades a huge industry has risen to protect us from sex offenders. Sex offender is a label that covers everything from the poor guy who gets caught urinating in public to the worst of crimes. The industry is a billion dollar one from the junk science “treatments” to the rise of CPS power to the prisons. It’s the only crime in which once the accusation is made, guilt is automatically assumed by both the public and the courts. Even if by some chance you can prove your innocence, the accusation will follow you and affect your life to the grave. With the registry, it’s a life sentence despite serving any time one may get and when faced with lengthy sentences, even those who have done nothing will take a deal when faced with a jury that will convict on just the accusation.

    Do they not have a conscience? None what so ever. Once the accusation has been made and they rally around the battle cry of “For the Children” they will do whatever they feel they need to do despite common sense, the law and our Constitution. If the children they profess to want to save are damaged in the process, if innocent people have their lives ruined or go to prison it’s just collateral damage. Remember, this is just yet another in a long line of American wars against something. It’s about fear, power and control. And money.

    22. JJ on December 24th, 2009 at 6:49 pm
  22. The short, accurate answer to your question is; NO.

    23. Bill on December 24th, 2009 at 3:06 pm
  23. I am flabbergasted to think so many of our public servants were involved in this frame up. Why do they do it? Do they not have a conscience?

    24. duaneh on December 24th, 2009 at 2:56 pm
  24. As a former Marine myself, I’m proud that Mr. Davidson went out of his way to write and send his message. It’s good to know that some people still stand up for the truth and for what is right in a world that doesn’t seem to care. Right is right and wrong is wrong.

    25. Bob on December 24th, 2009 at 2:13 pm
  25. Since it’s the position of Texas that children never lie about sexual abuse, I have a story of sexual abuse made by 4 little girls against John Cantrell, a proud CPS and CASA foster parent who was granted custody of three of the Mineola Sex club children.

    Write me and I’ll be happy to send it to you.

    I also have the transcript of the Appeal of Patrick Kelly.
    Anyone wishing a copy, is welcome to it.

    26. Bill on December 24th, 2009 at 9:52 am

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