The Fourteenth Court of Appeals in Houston Orders New Trials for Dennis Pittman and Patrick Kelly

In an opinion stunning for its retrained language, the Fourteenth Court of Appeals in Houston reversed the convictions and life sentences of Patrick Kelly and Dennis Pittman June 17, 2010 and ordered new trials for both, after concluding that the Hon. Judge Jack Skeen, Jr. mishandled the case and allowed the Kelly to be convicted on hearsay while denying his right to defend himself.  As Kelly's case is scheduled for retrial, it is not possible to comment further on the reasons for the reversal.  Copies of both decisions can be downloaded here (Pittman, Kelly).

At the same time, the Court of Appeals decided that it was unable to reverse the convictions of Shauntel Mayo, the mother of two of the children.  Although the Court ordered her life sentences served concurrently rather than consecutively, it wrote that she would have to seek a new trial through a difficult process called a application for writ of habeas corpus, and largely explained grounds for doing so.  See opinion.

On June 21, Mr. Volberding filed with the Court of Appeals a motion for sanctions against the Smith County District Attorney's appellate lawyer, Michael West, for improper personal attacks.  See motion. The Court of Appeals denied the motion, but instructed Mr. West to cease personal attacks.

On June 24, the Smith County DA filed in the trial court a motion to consolidate Kelly's two remaining indictments with those of the remaining defendants, including Jamie Pittman, into a large trial.  That motion is pending.

In July 2010, Judge Skeen tried the fourth defendant in the Mineola Swingers's Case, Dennis Pittman.  Pittman was well represented by an experienced criminal defense team and supported by a dozen volunteer lawyers and experts.  Unfortunately, Judge Skeen decided not to permit Pittman to present his entire defense.  Pittman was consequently convicted and received a life sentence.  The appeal is pending.

Neither Kelly's original trial lawyer, Thad Davidson, nor Mr. Volberding will represent Kelly in his retrial.  The trial judge has appointed a new attorney.  Mr. Volberding will represent Kelly on the next appeal.

In September 2010, attorneys filed a motion to recuse Judge Skeen from Kelly's retrial, citing Judge Skeen's creation and use of unwritten ad hoc rules of evidence designed to ensure conviction.  After three hearings, a visiting judge denied the motion.  Judge Skeen will preside over Kelly's retrial.

Meanwhile, Patrick Kelly and Jamie Pittman are sitting in the Smith County jail awaiting retrial.  There is currently no court date.  Worse, two other citizens, Jimmy Sones and Shiela Sones, have been held in the Smith County jail since July 2007, more than three years, without trial.  They do not have court dates. 

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For more information about these trials, please email Mr. Volberding on the contacts tab