STORY: "Convicted of a Crime That Never Happened: Why Won’t Texas Exonerate Fran and Dan Keller?" by reporter Jordan Smith, published by The Intercept on April 8, 2016.
GIST: "The 1992 prosecution of Fran and Dan Keller was based on a trifecta of credulousness, hysteria, and bad evidence. The middle-aged couple was living quietly in Austin, Texas, where
they ran a small drop-in day care out of their home, when the
unimaginable happened: A little girl occasionally left in the Kellers’
care made a claim of abuse at the hands of the couple. At first, the
allegation was simple: Dan Keller had spanked her, the 3-year-old told
her mother in the summer of 1991. But rather quickly — in part due to
repeated questioning by her mother and a therapist who had treated the
girl for behavioral problems before she’d ever visited the Kellers — the
allegation morphed into accusations far more lurid. By the time the Kellers were tried, three children (whose parents
were, at least for a time, all regularly communicating about the
Kellers) had described a shocking panoply of sadistic abuse: Dan Keller
repeatedly sexually assaulted the little girl with a pen and Fran
performed oral sex on her; the Kellers dug a grave in their backyard and
placed the girl in it; they tortured and killed animals and decapitated
and disemboweled a baby; the children had been flown to Mexico where
they were abused by military officials; Fran Keller cut off the finger
of a gorilla in a local park; the Kellers gave the children blood-laced
Kool-Aid; and the couple held a gun to one little boy’s head and forced
him to assault his infant sister while they videotaped the abuse — among
other alleged acts. There was, however, no evidence to corroborate any
of the claims — and scant evidence to suggest the little girl had ever
suffered any sexual abuse. Indeed, what should have been a straightforward abuse investigation
became something much more — an investigation into so-called satanic
ritual abuse, spurred by a peculiar form of mass hysteria that spread
across the country throughout the 1980s and 1990s. The most infamous of
the SRA cases is the McMartin Preschool
case, from California, where staff at the school were accused of acts
eerily similar to those made nearly a decade later against the Kellers.
The case still holds the dubious distinction of being the longest
criminal trial in the nation’s history. (The owner of the preschool was
ultimately acquitted, and after two juries deadlocked, charges against
her son were dismissed.) Today, there are few true believers left who vocally insist upon this
history. To many in the criminal justice system, it is now a source of
embarrassment that there was ever a time when police and prosecutors
were convinced that bands of Satanists had infiltrated the nation’s day
care centers in order to abuse young children. Yet in the Kellers’ case,
which I investigated for the Austin Chronicle
back in 2009, I was startled to hear both a veteran cop and prosecutor
say they still believed in even the most absurd of the children’s
allegations against the Kellers. Today, although they were finally freed from prison a few years ago,
the Kellers have yet to be officially exonerated — even as the moral
panic that led to their conviction has been thoroughly debunked. This is
a devastating state of play for the couple. They spent their prime
earning years in prison and now live on the most modest of Social
Security income — Fran says they have to make regular trips to the food
bank to ensure they have enough to eat. Moreover, with accusations of
sexual abuse still hanging over their heads — the state has yet to
dismiss the charges — they are wary of being around any children,
including their own 24 great grandchildren. To make matters worse, the
aging couple has chronic medical issues that need tending to — medical
problems in part caused by abuses they suffered in prison. Behind bars,
those convicted of sexual abuse of children are considered among the
lowest of the low and are regular targets of violence by other inmates
and even guards, which is exactly what happened to the Kellers..........Indeed, prosecutors wield extraordinary,
unparalleled, and unchecked power. “They alone decide who to prosecute
for criminal offenses, what charges to bring against them, and what
punishments to seek,” as the National Registry’s report says. “In
practice, that power extends to convicted defendants as well. If a
sitting prosecutor asks the appropriate court to vacate the judgment and
dismiss the charges against a defendant … it will happen.” But this requires political will. And too often, the will is not
there. As (Austin criminal defence attorney Keith) Hampton notes, convincing a prosecutor that an injustice has
happened can be a tough pull. “Unless you have DNA — unless you get the
D.A. completely cornered — there are no profiles in courage out there,”
he says. Still, the number of exonerations in cases where no crime was
actually committed are on the rise — so at least in some jurisdictions,
individuals aren’t forever left in the kind of limbo in which the
Kellers find themselves. The National Registry includes 540 exonerations
in no-crime cases, including 51 exonerations in child sex abuse
“hysteria” cases like the Kellers."
The entire story can be found at:
The entire story can be found at:
See related Wrongful Convictions Blog Post by Martin Yant (Catch-22 Texas-style) at the link below: How can you use DNA to prove your innocence when there is no DNA because there was no crime? That’s the dilemma Fran and Dan Keller, whose 1990s convictions in an absurd satanic ritual abuse case in Texas were overturned a few years ago. Despite that, the prosecutor in the case refuses to clear the couple without DNA evidence. “That, of course, is absurd and impossible — and distressing to the Kellers and their supporters,” Jordan Smith reports here. “There is no physical evidence, like DNA, linking the alleged crime to anyone else, because, simply, there was no crime.”
https://wrongfulconvictionsblog.org/2016/04/09/catch-22-texas-style/
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The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com;
Harold Levy;
Publisher: The Charles Smith Blog;