Free Tom Kelly

Let's Get Thomas M. Kelly Back Home!

Tom's appeal hearing was Sept. 16, 2014. We should hear results immediatly.

Legal Papers
First Appeal

  • Blue Brief (Appeal)
  • Appellate Hearing CD
  • Appellate Ruling (Kelly Wins)
  • Petition To Reconsider Appeal
  • Objection To Reconsider Appeal
  • Supplimental Objection To Petition
  • Deny Reconsidering (Kelly Wins)
  • Measure 11 Unconstitutional
  • Legal Papers
    Second Appeal

  • Tom's 2nd Appeal Brief
  • Issues of Case

  • Annie Reeves Criminal Background
  • Trial Index
  • Facts And Issues Of This Case
  • Kelly Proclaiming His Innocence
  • Red Brief Analysis
  • Tom's Appeal Letter
  • State Lies To Appellate Court
  • Friend Of Court Brief
  • Legal Points & Innocence Project
  • Innocence Project 1
  • Innocence Project 2
  • Newspaper Articles

    1. Astorian Mud-Sling
    2. News Skips Innocence
    3. Jury Nearly Useless
    4. No Evidence Needed w/o Proof
    5. Unjust Sentencing
    6. Arresting Cop Arrested

    1. Physical Evidence
    2. Clatsop Coutny Court Bias
    3. DA Brown implies he knows all
    4. Prosecutor tells experts what to say, foul play
    5. Abuse Evidence Needed

    Oregon State Police DNA
    Lab Techs Testimonies

  • Elaine Kitano
  • Dale Purcell
  • Marla Kaplan
  • Kelly's DNA
    Expert Testimony

  • Dr. Grimsbo
  • Rankin Johnson's Bail Theft Brief DA Brown and Judge Matyas stole Tom Kelly Bail money.

    Bailee Larceny Clatsop County Sheriff, State DA and Court committed illegal Bailee Larceny with Mr. Kelly's Bail money.

    Lies in News Articles
    1. Judge denies Kelly new trial.
    This is an outright lie. The appeals court ruled charges reversed (dropped) remand for new trial. See first appeal, appeallete ruling, last page.

    2. Judge says there was overwelming evidence, truly there was.
    This was a lie for the appeals court in first appeal last page of their ruling said -- There is no physical or direct evidence in this case.

    3. News Article says it took 12 cops to subdue Mr. Kelly.
    This was a lie. One cop walked Mr. Kelly from the court house to the couny jail. Also read Second appeal blue brief page 10-11 assignment of error 1.

    4. DA Brown quoted as saying the alleged victim is his hero.
    Read the first and second blue brief, pages 7-10 on the 2nd and see the alledged victim is a psychopathical liar and has caused much grief to all around her. She's DA Brown's hero because he's a psychopathical liar himself, seen by his statements at trial.

    5. Kelly's DNA Clinched The State's Case.
    Another lie. A small amount of DNA was found in Mr. Kelly's house 150 sperm heads out of 300,000,000 in a male ejaculation. There was no DNA from alledged victim. Three state's DNA lab tech's testified for the state - one said - There was no alleged victim's DNA - Another said that the sperm heads could be 20 years old or older. The third doing a new test testified at the second trial she couldn't tell if the samples the first test showed were male or female in doing her test. The defenses DNA expert who trained all3 of the state's DNA experts testified that even the 120 sperm heads found in the Kelly house could have been Mr. Kelly's son's profile. Many witnesses including Mrs. Kelly, Aime Kelly his daughter family females and friends testified they also sat and were all over in the house for years. The Kelly's lived there for 25+ years. The Defenses DNA expert testified this kind of DNA could be found in any home in the world.
    These news paper articles were designed to sway the public's opinion against Mr. Kelly. When Mr. Kelly's family asked for a retraction of those articles, Astoria's Daily Astorian said No. This information came from the DA's office.

    Video: Gerry Spence, the most respected lawyer in America The Justice System in this country is severely broken. All it offers is the empty promise of Liberty and Justice for all. It is not there, you can't get justice in this country. People believe they can get justice until they need it then they can't get it. Never once in 60 years of practicing law has the government not violated the law or misused its power. They brag about a 98% conviction rate and you can imagine why. They have this huge power, they use it against little people.

    Lies of Forensics Article in Ideas & Discoveries magazine, August 2014, posted with permission

    Oregon Innocence Project for after you have appealed and failed.
    P.O. Box 40588
    Portland, Oregon 97240
    T: 503-944-2271

    Statement of website ownership

    This website is wholly owned by Kirk Fraser as proven by (click for document) showing creation date on 2011-08-26 contrary to Chief Deputy Ron Brown's statements before the State Court of Clatsop County and the Oregon Appeals Court. This website is authorized by the First Amendment of the U.S. Constitution which declares freedom of speech. I further declare I am not a member of the Kelly family by blood, marriage, or adoption. Therefore the website is not operated by the Kelly family but is operated by an unrelated concerned citizen.

    Analytical Summary

    This website was started to report facts concerning Thomas M. Kelly's imprisonment but ongoing research has uncovered many related issues. There are 4 types of prisoners, the innocent 25%, those who harmed no one but themselves 25%, those who harmed others but would not do so again, and those who would harm others again. Of those the first half should be free, which would reduce need for half of law enforcement. Most attorneys including DA Brown are paid liars and the Oregon State Bar is a club of liars who support their dues paying members instead of investigating misbehavior at citizen request. The founders upheld the truth before clients but lawyers who have upheld clients over truth have degraded America from what was once called exceptional into a corrupt empire, railroading innocents to prison for DA fun and law enforcement profit.

    The appeals system in Oregon circumvents the US Constitution's 5th Amendment no double jeopardy law. The Oregon State Police is so mismanaged it won't enforce the Oregon Constitution Article 7 Section 6 and neither will known magistrates or local police accept a citizen's arrest on that law. The government will turn on you if you point out that they are criminally incompetent, withholding services previously provided without delay. Individual police as stories linked below attest range from saintly to insane. There is no reason to believe the range is any different for DA's, with Ron Brown as an example of the latter, who would toss innocent Mr. Kelly in prison for a sentence equivalent to life while letting female rapists go with mere probation, which insanity is common in America.

    Such behavior plus the ever present punishment of taxation makes this author feel America itself has become a prison instead of the land of freedom. The education system in Astoria is rated below average which means a "D", giving little hope for a better world in the future. Studying the cases of both Tom Kelly and Nick Lammi, that is a correlation that explains why these innocents were railroaded into prison. Stupid schools produce stupid juries. Both Astoria and Clatskanie schools are rated at below average which equals "D". In Clatskanie, the DA on the school boad said he doesn't want to change anything. So DA's will intentionally dumb down kids to give themselves both more business and easier to manipulate juries. There is hope in Jesus' return.

    Justice Department News:

    Fed DOJ leaks instead of fighting crime With the federal Department of Justice playing politics not crime fighting, no wonder our state and local justice people are not doing their jobs.

    Federal Prosecutors Break Rules, Wreck Lives, and Get Promoted From Book: Licensed To Lie. Is anything different in Astoria or anywhere?

    Book Website: Licensed To Lie, Exposing Corruption in the Department Of Justice. More dirty tricks from a former DOJ employee.

    Press News:

    Ted Nugent Writes Down Journalism Cockroaches As you read think of how many parallels there are with the Daily Astorian's malicious unfact-checked coverage.

    Police News:

    Cop bumps mirror, thinks innocent is taking his gun, kills innocent. I stood with the Fergason jury until I read that story. Wilson did not need to kill Brown - he could have evaded, disabled, or arrested Brown instead of killing him. Aggressive cops have inadequate love for human life.

    Cops arrest innocent recording them from across the street Gresham cops do not look and act like civil servants or peace officers but instead look and act like soldiers occupying a hostile territory indicating Americans no longer are masters of their own property. In fact, you’re not even the servant – you’re the slave.

    Cop Rapes on duty, facing trial Estimates over 9% of Cops are rapists.

    Video: Thug Cop threat to take innocent couple's baby Epitomizes Everything that is Wrong With Police Today

    Video: Cops Taze Pastor praying over dead son Devil motivated cops being sued in federal court.

    Video: Cop Asks For License, Shoots Man When He Goes to Get It Cop was fired then charged with crime.

    Good cops turn in bad cops A "Training Day" cop gets busted. How many are on your police force?

    Video: Cop says since Obama doesn't follow Constitution he doesn't have to Unbelieveable. Only Jesus can fix corruption this bad.

    Cop fight video Oops! Cop stops Internal Affairs officer - releases video to prevent getting railroaded.

    Cops Arrest Man For Watermellon Carving Divorce by cop?

    Cop signs critics up for homosex A little on the insane side?

    Video: Cops beat wedding party Cops fired tasers, used batons, and generously applied pepper spray to the guests of a bride and groom. Some executives hire body guards to protect against police in Saudi Arabia - do we need that here?

    Video: 5 Cops caught lying by judge With orchestrated lying cops, we really need sharp judges.

    Two stories of cops shooting themselves: Video: Cop afraid of dog and Cop in crowded restaurant In Oregon they could be arrested for criminal incompetence.

    Video: Best Cop Example Maybe Ever Cop gives ticket plus money to pay it. Would your police do this?

    Cop gets ticket and pays it Not all cops are bad. Which are yours, good or bad?

    Free Speech Is Dead. Cop shoots kid in back 5 times for sarcastic remark. God help us whether its more insane police or just business as usual. What if your kid gets lippy when stoned and drunk?

    Judges take bribes Kickbacks from detention center operators. Railroading pays corrupt judges millions?

    Cops afraid of Black Mob Violence, assault and battery against whites in major cities including Portland. Cops lie to news media covering Black teen thugs in ongoing riots around America. Would you vote to deport violent black gangs and fire cops who hide them then make up for their impotence by railroading innocents they can handle?

    Video: Cops siezing property of innocents Your property could be next! Would you rather keep what is yours?

    Cops shooting Cops in Hillsboro Are you sure you want more violent, bullying, insane cops?

    Video: Cops so incompetent it makes me want to cry Some cops do nothing to earn their pay except claim credit when a citizen solves a crime. Does hiring more doughnut cops make anyone safer?

    Video: Woman gets probation for holding two men hostage for sex. Your DAs also hate men and let women go - is that double standard to reduce the competiton for sex? Or to free bait for more men? Vote them out!

    Mom slaps daughter, five cops kill innocent dad Any phone call can be your end. Are you sure you want more bullying, killing, lying cops?

    Dashcam saves innocent from violent lying cop railroaders Maybe hiring more internal affairs cops would make citizens safer.

    Six Cops beat innocent man to death, steal video Sometime cops are thugs with nothing better to do than kill. Does hiring more cops make anyone safer?

    Lying Cops hit car, arrest passenger How many lying, law disobeying, cops do your taxes pay?

    Female cop kills teen at home door Are female law enforcers violently evil toward men?

    Who is worst government offical, Cops, DA's? Maybe it's their accomplices, the social workers!

    Video: ACLU lawyer says cops can't arrest you without evidence Then why can a DA send you to prison without evidence?

    Cops execute old man in bed Are your taxes paying for cops like this?

    Grand Jury finds SWAT no-knock raid target innocent of killing cop A reason for a new DA. Is your DA this nuts?

    Another Wrongful Conviction Is all law enforcement wrong half the time?

    Adult Children Free Dad Malicious prosecution using fabricated evidence had cop imprisoned 20 years for sex abuse of his children. See more at Innocent Awarded $9 Million Food for thought: Was Tom's grandchild given ice cream by DA Brown?

    DNA Legal Deception If DNA can't accurately tell your mother, can it do anything right?

    Obama legislating from the White House is unbelievably unConstitutional Are your state and local government officials this corrupt? Then why isn't the Astorian reporting it?

    Daily Astorian is as incompetent at reporting news as Kitzhaber is at governing his Justice Department. When asked to follow up with State Police on a complaint, a reporter said he didn't know what his role would be. You can't trust the Astorian to give you news that counts.

    Republican candidate for Governor Dennis Ricardson gave an excellent response on Oregon's Incompetence Law ignored by Astorian. Write me (at page bottom) for copies of emails.

    Police are violent sex offenders Female Cop Castrates Innocent.

    Policing For Profit Civil Forfeiture law enables law enforcement to steal from you.

    How is it citizens are now peasants again after the work of America's Founders? In Oregon's Constitution Article 7 Section 6 incompetent public officials are to be tried for that crime at the cost of their jobs (if judged guilty). But finding anyone to enforce that law is impossible. The public officials claim it's catch-22 to activate that law. We citizens have to prosecute the elites as fast and furiously as they prosecute us to restore America. It's a check and balance.

    Female Rapists Get Lite Sentences Over 250 Female school teachers.

    Reid Technique Why police interrogations produce false confessions. A police chemist fakes evidence on 40,000 cases.

    Citizens Grand Jury Manual Forming A Citizen's Grand Jury may enable citizens to clean up government Malfeasance.

    What if the government is corrupt and half the people in prison are innocent? Video

    Why Do Mad Law Enforcers Escalate Brutality? Bad Laws?

    Other Government Corruption:

    Video: Black Bus Driver Calls Black Thugs To Beat White Family Black KKK don't wear hoods, they are the hoods causing frequent but rarely reported "white girl bleed a lot" violence.

    Clatskanie City Manager Gregory Hinkelman breaks First Amendment and reports citizen to US Attorney’s Office after being called Incompetent for violating 13th Amendment The delinquent city manager gets paid $90K for this stuff. Shouldn't citizens be paid that much to endure it?

    Corrupt Clatsop County DA's Marquis and Brown are finally hauled in to Federal Court for one of their crimes.

  • Barnett sues DA - Astorian
  • Barnett sues DA - Oregonian
  • Sexual Misconduct Topples Two Oregon Prosecutors

    Written Complaints To Oregon Officials

  • Astoria City Police - Refused to investigate further on request.
  • Clatsop County DA Joshua Marquis - Failed to prevent lying, corruption, and crime by his subordinate DA Brown
  • Clatsop County Commissioners – Ignored requests to investigate.
  • Oregon State Bar - Persistently refused to investigate DA Brown's lies, crimes, and violations of a Bar rule for DA's.
  • Oregon Commission on Judicial Fitness and Disability - refused to investigate any judicial behavior other than chemical abuse in the courtroom.
  • Clatsop County Sheriff - Referred inquiry on DA Brown's crimes to DA Marquis instead of filing charges.
  • Clatsop County Court - Refused and ignored requests to investigate.
  • Oregon State Police - refused to investigate DA Brown and Judge Cindee Matyas' crimes.
  • Oregon Attorney General - Supplied Oregon State Police lead then ignored follow up request after OSP refused to investigate.
  • Oregon Supreme Court Chief Justice - Ignored request to investigate.
  • Oregon State Legislature - Ignored request to investigate.
  • Representative Dennis Richardson - Ignored request to say what he would do as governor.
  • Governor Kitzhaber - Ignored requests to investigate via his citzen's representatives, one of who also lied.
  • Federal Bureau of Investigation - ignored requests to investigate public corruption and civil rights issue.
  • Bureau of Labor and Industries - Refused claiming no jurisdiction in criminal matters. BoLI also ignored complaints of three EEOC public accommodation violations making Brad Avakian's enforcement motives questionable.
  • US Marshals - ignored request to investigate.
  • Department of Homeland Security - ignored request to investigate.
  • US Attorney for Oregon Amanda Marshall - ignored request to investigate civil rights crime and hate crime.
  • US Dept. of Justice - Ignored request to investigate.

    Thousands of Innocents Freed

    The following story is not unique. Studies show about 25% of prisoners are innocent due to human error in the legal system. Yet the Judical Committees of the Oregon State Legislature say working to correct that error would cost too much. Experts estimate of sex abuse convictions 60% are actually innocent. If you are innocent, check this out - thousands of innocents freed

    Trial Number 2

    Clatsop County Circuit Court chose to break the law by violating the 5th Amendment's due process law and re-try Mr. Kelly on the same charges with the same absence of direct evidence. The jury asked many questions and was hung 6 to 6 then based on the Judge's failure to instruct the jury that a hung verdict was acceptable, the jury foreman required jurors revote until they unanimously sent Mr. Kelly to prison again. He is now literally up the river in Umatilla's prison continuing to serve his 33 year sentence after going broke, having lost $300,000 defending against false charges. Mr. Kelly expects to be released in 2 years on appeal but because of the difficulty in getting true justice in Clatsop County he is asking for a complete acquittal from the Appeals Court.

    Mr. Kelly's son stated in court he loves his dad to death but has not accepted responsability to correct this injustice to his dad by correcting his daughter on this case, who first reported then admitted lying on several other police reports, including her brothers masturbating on her, suffocating her, and her dad's physical abuses. She also admitted using drugs including Meth and Heroin. Eyewitnesses in the courtroom saw him slam the door after being asked if the sex tape was his, giving an impression of where his daughter's documented oppositional defiance came from. He makes $40,000 yet when asked how much was paid out of pocket to help her the answer was none. He has not rejected the state's plan to bribe her to keep her from admitting her lie by stealing $25,000 from Mr. Kelly's bail to give to her when she reaches 21.

    In the mean time Mr. Kelly's DA and Judge have been reported to several authorities for investigation of their criminal actions on the Kelly case. It would be poetic justice for those corrupt officials to serve time in prison as they required for the innocent Mr. Kelly.

    Clatsop County Oregon Criminal Court Corruption:
    * Among the most corrupt regimes on earth *
    Violates America's Constitution 5th Amendment - Denies Due Process
    "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;"

    Clatsop County Oregon District Attorney Corruption:
    * Among the most corrupt DA's on earth *
    DA Lies that materially affected Thomas Kelly's trial:
    1) The lie that either trial was needed. They both violated ORPC 3.8. OREGON RULES OF PROFESSIONAL CONDUCT RULE 3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR "The prosecutor in a criminal case shall: (a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;"
    There was no direct evidence of a crime which is why Mr. Kelly was awarded an appeal. No direct evidence means no probable cause.
    2) The lie that DA's can violate the fifth amendment denying due process in this case.
    3) The lie that DA's can violate ORS preference for mediation by arbitrarily closing contact. If negotiation resulted in the alleged victim admitting she was lying as she often did, it would force DA Brown to release Mr. Kelly.
    4) The lie contained in DA Brown's scenario that Mr. Kelly abused his own grandchild.
    5) The lie that the alleged victim's "baring her soul" [Brown] lends credibility to her lie about Mr. Kelly.
    6) The lie that it is ok to give males tougher sentences than females (one female rapist got 30 days).
    7) The lie that people who claim to be innocent should be given far worse sentences than those who plea-bargain. 8) The lie that DA's and Judges are free to steal money from an incarcerated innocent to give to an alleged victim when all the bail conditions were met.

    Newspaper Report

    Complaints against injustice

    Deputy DA Ron Brown to Oregon State Bar:
    1) Brown lying about Jury Nullification Law
    2) What Ron Brown replied
    3) Full refutation of Brown's reply
    4) Start of Brown's Performance During Trial
    5) Brown's Second Reply with Bar note
    6) More DA Insanity Not Yet Reported To Bar
    7) DA criminally blocks 1st Amendment Rights - more to come.
    8) DA Bribes Alleged Victim with $25,000 to keep lying.

    Judge Cindee Matyas to Chief Justice of the Oregon Supreme Court
    1) Ethics Complaint [withdrawn]
    2) Generic Bad Behavior
    3) Matyas rhymes with Bias
    4) Matyas Bribes Alleged Victim with $25,000 to keep lying.

    Oregon State Bar Corruption

    The Bar is 100% corrupt in its handling of citizen complaints. The evidence is two rounds of complaints against Clatsop County Deputy District Attorney Ron Brown in which they denied all points of the complaints and subsequent appeals. The latest denial appears here.

  • Bar Denies Appeal
  • The Bar provably lied in that letter, saying they found no evidence to support my claim that Mr. Brown misrepresented fact or law on jury nullification or any other topic. I supplied an audio transcript DA Lie of his lie on jury nullification where he said in court it is illegal when it is not illegal and the fact that there was a double-jeopardy retrial with the same evidence proves that Brown violated the 5th Amendment, lying people into the need for a second trial.

    Consider asking your legislators to pass a bill to remove the Oregon State Bar from all Oregon Laws. That would remove state support for the idea that every lawyer must be a member of the bar. It would open up more competition and reduce dues payers but the main reason is they don't discipline their members for breaking the law apparently unless a complaint is brought by a dues paying member.

    This interaction proves they routinely reject investigating citizen complaints which makes claims they do false advertizing. Also they don't support their own special rule for prosecutors. They don't appear to be of any service to Oregon Citizens, only to their own members. So they don't deserve any special standing in Oregon law. If a DA and Judge did this to you, wouldn't you think someone ought to discipline someone? If nobody wants to uphold the law on high level lawbreakers, then anybody ought to be able to run for the DA and other legal offices without needing any certificate from the Bar.

    Oregon State Police Corruption

    Actively emailing government officials can reveal great corruption behind thier jobs, by providing none of the services advertized. In this case we see State Police refuse to investigate crimes by the Clatsop County DA and Judge. The effect is making state employees and elected officials an elite, above the laws promised citizens by the Constitutions of both Oregon and the United States of America. Thus the principle of government by and for the people no longer exists as the founders intended.

  • Report of DA and Judge to State Police
  • Answer from State Police
  • Follow Up to State Police
  • The question is what can be done to fix America?

    The Oregon Constitution Article 7 Section 6:
    Incompetency or malfeasance of public officer. Public officers shall not be impeached; but incompetency, corruption, malfeasance or delinquency in office may be tried in the same manner as criminal offenses, and judgment may be given of dismissal from office, and such further punishment as may have been prescribed by law.

    But what can be done when there is no law enforcement agency willing to enforce this law? The ability of the Government to ignore its Constitutions reminds one of the many treaties that were not honored. Are all citizens rights frauds?

    After winning his appeal, Kelly was summoned twice in 6 months to appear before the grand jury.

    SEAT 34

    Again Kelly Summoned to Grand Jury seat number 2

    Supreme Court and Appellate Court Rule

    A letter to News Agency's and to the public

    Relating to false accusations

    Tom's News Clippings

  • Astorian Mud-Sling
  • News Skips Innocence
  • Jury Nearly Useless
  • No Abuse Expert w/o Proof
  • Abuse Evidence Needed
  • Unjust Sentencing
  • Arresting Cop Arrested
  • Physical Evidence
  • Clatsop Coutny Court Bias 30 days v. 32+ Years
  • DA Brown implies he knows all
  • Prosecutor tells experts what to say, foul play
  • Tom's Legal Documents

  • Blue Brief (Appeal)
  • Appellate Hearing CD
  • Appellate Ruling (Kelly Wins)
  • Petition To Reconsider Appeal
  • Objection To Reconsider Appeal
  • Supplimental Objection To Petition
  • Deny Reconsidering (Kelly Wins)
  • Measure 11 Unconstitutional
  • Tom's Legal Analysis

  • Annie Reeves Background
  • Trial Index
  • Facts And Issues Of This Case
  • Kelly Proclaiming His Innocence
  • Red Brief Analysis
  • Tom's Appeal Letter
  • State's Lies To Appellate Court
  • Friend Of Court Brief
  • Legal Points & Innocence Project
  • Innocence Project Contacts 1
  • Innocence Project Contacts 2
  • Other Materials - DA's Should Take Seriously

  • Fully Informed Jury Association
  • Letter to The Daily Astorian Editor Publisher
  • Innocence Project Notes
  • IPNW at UW reports 25% eyewitness error
  • Harvard reports 20%-30% generic error when confidence is 90%
  • FBI Reviews Cases for DNA Errors
  • 12 Reasons for legal error railroading people into prison
  • Bad Cops Decertified (but Bad DA's have Immunity?)
  • DA's and others rejected from fibbers contest
  • Bad DA Gets Correction!!!
  • Fox Video: Power Corrupts
  • Bill of Rights Lost To Corruption
  • Spiritual Thoughts, Revelations, and Visions

  • Exercise Spirit
  • Divine Speaking
  • Christ's Excellency
  • True Church

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