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Watch James Volberding on CBS 19 regarding the Mineola Swinger's Club cases.

Last month, attorney James W. Volberding filed an opening brief and presented a supplemental brief for Patrick Kelly in the Fourteenth Court of Appeals in Houston, Texas. The court of appeals, however, declined to accept the supplemental brief.

Now, the Smith County District Attorney's appellate prosecutor will file a comprehensive brief in response to Mr. Volberding's opening brief, arguing that Kelly was properly tried.

Unfortunately, the Assistant District Attorney representing Smith County on Patrick Kelly's appeal has begun attacking Mr. Volberding personally for alleging that the Smith County DA's Office withheld exculpatory and impeachment evidence in violation of the Supreme Court's requirements in Brady v. Maryland and Giglio v. U.S..

In the face of Bate-stamped documents, sworn transcripts and recorded child interviews, the prosecutor has accused Mr. Volberding of telling fanatical lies. Mr. Volberding has responded to each of the assertions with painstaking documentation of evidence from the record and will do so again, if and when the prosecutor files a brief containing more personal attacks.

On November 13, 2009, Mr. Volberding filed in the Fourteenth Court of Appeals in Houston a 65-page opening brief for Patrick Kelly and presented a longer supplemental brief with a motion urging the court to accept and file the supplement brief as well.

The brief raises 43 serious points of error, including the suppression of evidence by the State of Texas, and the denial of Kelly's right to confront government witnesses who claimed they conducted a thorough two-year investigation with evidence that a couple named Margie and John Cantrell fabricated the abuse claims and manipulated the children.

The brief also challenges the practice of the trial court to recognize an "investigator exception" to the hearsay rules, which permits any government official who plays an investigative role in a case to testify to all he heard from other witnesses, children, CPS workers, and other government officials. Moreover, under the "investigator exception" to hearsay, government officials were permitted to testify as experts that Kelly is clearly guilty and the children's allegations are entirely accurate.

To see a list of all 43 points of error raised in Kelly's brief, click here.