John Bogna
During the 90s, Dan and Fran Keller were accused of ritualistically abusing children at a day care center they ran.
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Recently, however, the charges against them were formally dismissed by a Travis County district attorney.
Having already served 23 years out of their original 48-year sentence in jail,when they were released from prison in 2013, the court declared they didn’t get a fair trail.
The couple’s motion to dismiss claimed there was “no credible evidence” against the couple to support the charges.
Prosecutors decided to overturn the charges when a medical doctor recanted what he said about a child’s injuries connected to the case.
In 2013, the doctor retracted his statements, and the Kellers submitted an appeal to their sentence.
“Without that physical corroboration and because the victim no longer recalls any of the events of which the Kellers are accused, the cases are not prosecutable and must be dismissed,” District Attorney Margaret Moore said in an interview.
The Kellers were declared “actually innocent under the law,” meaning a reasonable jury would not convict based on the evidence at hand.
The Tim Cole Act, the grounds on which the case was ultimately dismissed, provides the Kellers are entitled to $80,000 for each year they spent in prison.
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