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 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.