There also should be a Court of Inquiry to look at the conduct of Matt Bingham, Jack Skeen, and Joe Murphy in the Mineola Swingers Club case. Here is an excerpt from one of KETK's stories:
And today, the appeals attorney laid out in detail the evidence he says the Smith County D.A. withheld, and it is a long list…
The attorney representing Patrick Kelly, Wes Volberding, is filing a brief with the 14th Court of Appeals in Houston that lays out in excrutiating detail, all the evidence he says was withheld, misplaced or simply lied about in the trial that led to Patrick Kelly’s life sentence.
“There is an incredible amount of evidence that was available to the prosecutors, that was not turned over to the defense,” Volberding told us.“It includes eyewitnesses who were at the club, who had the keys to the club who did testify, told the Smith County DA’s office that none of these kids, and they looked at photographs, none of these kids and none of the defendants had set foot in their club.”
Last week, Smith County District Attorney Matt Bingham angrily denied the contention that his office was anything but forthcoming.
“You can say Matt Bingham’s a bald-headed ass,” Bingham said.“I can live with that. But when you attack my integrity, that really upsets me.”
But, Volberding counters,“They also had evidence that the original couple, the couple who brought the charges, the couple who had the original kids. The foster father was in fact a pedophile from California.”
The most damning pieces of evidence were the original interviews with the children.
“Some 17 hours of recorded interviews of other children that the DA’s office, CPS and Ranger Kemp had…those were available and weren’t turned over,” Volberding says.
Initially, they denied any such events took place.
“There was absolutely no justification for someone like a former DPS officer had never interviewed a kid case before,” the attorney told us.“And suddenly decides he’s going to use all his adult interviewing skills on a bunch of small children…as he said, do some on the job training.”
And the problem, he contends, wasn’t just with the prosecutors.
“The judge apparently,” Volberding contends,“and I cannot explain why he did this, but he allowed evidence that never enters any other courtroom."
As mentioned, District Attorney Matt Bingham vehemently denies all this, and says his office shared everything.
But Wes Volberding says that’s just not true and the deck was stacked from the beginning.