Oregon's Supreme Court and Oregon's Appelate Court Rule, "Kelly's Trial, Sentence, and Incareration were Illegal." 

June 29th 2011, presiding, Honorable Judge Sereombe, Honorable Judge Landau, and Honorable Judge Ortega, overturned a sentence of 32.5 years and 24 counts of sex abuse charged that Clatsop County Jury handed down on Thomas Michael Kelly in July of 2008. 

Appellate Ruling: The states expert witnesses diagnosis was made without any physical evidence of abuse and therefore necessarily based on his assessment of the alleged victims' credibility. Thus, in constituted impermissible vouching. The trial court error in admitting the diagnosis. Here, there was no physical evidence if abuse. The state offered no other direct evidence that the abuse occurred. The child had many mental problems and also false allegations were made of her Father beating her with a stick and a teacher slapping her crossed the face, that she had made within a year of this allegation. 

The jury in this trial in our opinion was stacked. The jury consisted of 4 that had molestations of family members which were not taken to the law. 3 jurors that knew the D.A., one who went to the same church (thou shall not bear false witness) others were on the county's payroll, a pre school teacher, and a contractor. 

After Mr. Kelly was sentenced, one of the jurors testified in his opinion of jury misconduct which will be under mvestiganon by reporters in an interview with him. It's no wonder that Mr. Kelly, from his spirits spoke out, "I am guilty, of nothing and I hope this is on your conscience," to the jury. 

The D.A. In this case, Ron Brown fabricated many statements in this case and gave the Astoria newspaper many lies which they published. Kelly's trial lawyer and family, on two different occasions asked for retractions of those statements. The paper refused saying that the information came from the D.A.'s office. The Daily Astorian will be called on to testify about those statements given to them by the D.A.'s office by other news agencies investigative reporters. US vs Solivan (6th cir 2006) Because jurors are likely to place great confidence in the faithful execution of the obligation of a prosecuting attorney, improper insinuations or suggestions (by the prosecutors) are apt to carry great weight against a defendant. Therefore, are most likely to mislead a jury. 

Also, we add, that these insinuations and false suggestions will and have influenced the public which D.A. Browns intentionally meant to defame and slander Mr. Kelly's character. Here are just a few falsehoods D.A. Brown said: 

"Mr. Kelly is the evilest man in the world." 
"It took 12 policeman to subdue Mr. Kelly in court" (As if a fight broke out.) In truth, one officer walked Mr. Kelly out of court all the way to the Sheriff's Department. 
"Lot's of Porn was taken from the Kelly residence." (2 VHS tapes that Lily Kelly testified were her son's tapes found in her son's belongings which Judge Matayas said to strike from the record. But it is still found there in the records. 

The D.A. had the Daily Astorian write, that Mr. Kelly's DNA was found in his own house, a few sperm heads on a chair that he sat in 3 hours a day, for years. The states expert witnesses under oath said that the DNA that was found could be 25 years old and was found under layers of dirt and grim, and they had no idea how it got there. No DNA of the alleged victims was found. As you read this story, your own DNA is now on your newspaper and, if searched for, would be found all over your household. The D.A. told the jury in closing arguments that the State forensic experts had it right. The D.A. told his biggest lie to the jury and the public concerning Mr. Kelly's DNA was found in his house. The fact is, the D.A. lied about everything he had written in the Daily Astorian in this case. The Appellate Court ruled and the Oregon Supreme Court upheld their finding stated" There is NO PHYSICAL EVIDENCE in this case and NO DIRECT EVIDENCE either. The D.A.'s statement of the DNA was a smokescreen. As the rest of his fabrications and lies. 

The judge in this case was no different from the rest Judge Matayas worked for the D.A.'s office before becoming a 3rd seat judge in Clatsop County. Judge Matayas made a public statement on the record that Mr. Kelly got a fair trial and that there was over whelming evidence. She said just the oppisite of the 3 Appellate Court Judges and a review of this case by Oregon Supreme Court. We say, Judge Matayas, "You give a new meaning to the word Honorable, you and the D.A and the jury in this case have thrown justice into the gutter". But it was recovered by Honorable people with a higher standard of Governing Law. After nine months of reviewing this case (the length and full term of an unborn child) the Appellate Court Judges delivered brought forth righteous judgement and justice by saying "The defendants convictions must be reversed and remanded." Therefore proving all was a lie. 

A book is being written on this case, and a California Script Screen writer is showing great interest. It will be called "Railroaded" (in Astoria, Oregon's, Clatsop County Court). The names of the jury and everyone who took part in this case will be named. To see more ofthe details ofthe lies in this case, go to this website: http://www.freetom.info and get the inside story from the records, and documents of it, which don't lie.