AUSTIN, Texas — A Texas prosecutor is seeking a declaration of innocence for the former owners of a day care who were imprisoned for 21 years for child abuse and satanic rituals.
- DA says she doesn’t think 'reasonable juror' would convict
- Couple was released on bond in 2013 as case began to fall apart
- Kellers eligible to apply for $80K in compensation
Dan and Fran Keller were freed in 2013 after the Texas Court of Criminal Appeals determined a doctor gave false testimony in their trial. The physician recanted his testimony about 20 years after the case.
"When you take out the only physical corroboration that remained, then you have to analyze what is left and available to the jury," Travis County District Attorney Margaret Moore said.
The couple was convicted in 1992 of sexually assaulting a 3-year-old after children in their care told investigators fantastic tales of dismembered babies and tortured pets.
Defense Attorney Keith Hampton took on the appeal for the Kellers. He said interview tactics created a mound of bad evidence.
"If you've got a bad interviewer, if you've got well-meaning parents who are shocked and interviewed their kids in the wrong way, all of this can metastasize into full-blown prosecutions," he said.
The Kellers divorced in prison, but the couple has reunited and is living together in Central Texas.
Moore's determination of outright innocence makes each eligible for $80,000 in compensation for each year they were wrongfully imprisoned. That equals $3.36 million dollars.
"We can't give them their 21 years back, but can compensate them for what we did to them," Hampton said.
Hampton said the couple has depended on the donations of strangers and the assistance of relatives since their release in 2013. He said they should receive restitution within the next 45 days.
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