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Austin attorneys weigh in on why Kellers were convicted

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by ASHLEY GOUDEAU / KVUE News and Photojournalist DENNIS THOMAS

Bio | Email | Follow: @AshleyG_KVUE

kvue.com

Posted on November 27, 2013 at 6:46 PM

Updated Wednesday, Nov 27 at 7:20 PM

AUSTIN -- "On my life, on my children's lives, it did not happen," said Frances Keller in a 2009 prison interview with Austin Chronicle reporter Jana Birchum.

"I, I don't know. I really don't know what started it," she said, maintaining her innocence. 

In 1991 three children, one 3-year-old girl and two 4-year-old boys, accused Keller and her husband Daniel of sexual assault. The children attended the Kellers' Oak Hill in-home day care.

The allegations quickly turned from assault to claims they forced the children to perform satanic rituals.

"Human sacrifices in a variety of cemeteries, at least 11 were investigated. Many sacrifices of animals, digging up of bodies," said Keith Hampton, the Kellers' attorney.

"It was a time of hysteria. And all over the nation it was happening," added Austin attorney J. Terry Weeks, who wrote an amicus brief supporting the overturning of the Kellers' conviction.

In the early 1990s there were several cases made against day cares nationwide that children were forced to perform satanic rituals. Weeks said the hysteria was so widespread, jurors believed what he calls "the most outrageous claim" in the Keller case.

"People in the jury could believe children were flown to Mexico and back home in one day and raped, and got the right clothes on at the end of the day. And it was a drop-in day care. People could come in and out as they wished," said Weeks. 

Hampton says two therapists treating the children were working with each other.

"The therapists who were involved with these three children were believers in satanic ritual. They had bought into it. So it's not surprising at all that they would contaminate the minds of these children," said Hampton. 

Doctor Michael Mouw provided the only physical evidence in the case. He testified that he found lacerations on the girl consistent with sexual assault.

Prosecutors tried the Kellers only in the assault of the girl, dropping the other two cases. In 1992 the Kellers were sentenced to 48 years each.

Three years later, while at a medical conference about pediatric sexual assault, Dr. Mouw realized his findings were wrong, and the marks were normal.

"So he contacted the investigating police. I don't know which detective he talked to, but the detective told him that he played a very minor part in this and not to worry about it. The proof was overwhelming and he should just move on with his life," said Hampton.

In 2008 Dr. Mouw was contacted by a reporter working on a story about the Kellers. She told him that his evidence was actually the only physical evidence in the case.

The Kellers worked with other attorneys for four years, but no action was taken. So in 2012 they asked Keith Hampton to look into their case.

In August 2013 Dr. Mouw testified in court again, recanting his previous statements. 

With the cooperation of the Travis County District Attorney's Office, Frances Keller was released on bond pending an appeal. Dan Keller is set to be released next week.

The Kellers' case will go before an appellate court next year.

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