The Supreme Court in 2009 ruled in Southard v.s State on the issue that the state could not use the opinion of a state expert witness on any sex abuse cases without physical evidence before a jury. Also in 2010 the Supreme court ruled in Lupoli v.s State that the states expert witness could not vouch for the credibility of an alleged victim in theses kind of cases without physical evidence. In an article written Nov 9 2011 in the Daily Astorian the paper reports that the D.A's office said that the court of appeals decision came as a shock to them. The D.A rep also stated we thought we were on solid footing. So it is clear that the D.A's office knew of the Supreme courts ruling which was made in 2009. 

Kelly had won his appeal in June of 2011. See documents on (freetom.info). The Clatsop counties D.A's office immediately asked for a reconsiderate of their ruling which the Appellate court denied based on the Supreme Courts ruling, so they were aware of the new ruling handed down from the Supreme court. 

In  State v.s David Olsen the Clatsop County D.A's office not caring for the Supreme Courts and Appellate ruling brought in the same so called states expert witness Dr. Little of Astoria and as if reading from a transcript he said and made an opinion of sexual abuse before the court and jury without physica evidence as he did in the Kelly case and others, Sending Mr Olson to prison by Dr Littles testimony when the Supreme Court and Appellate had ruled 2 years ago, it was illegal to vouch and make an opinion without physical evidence. 

It is obvious the D.A's office doesn't care for the highest Courts ruling. This is the deception to the jury and the public by the D.A's office using such words as we were shocked, but they still are on a witch hunt and railroading people to prison illegally. In his last statement in the article of Nov 9 2011, D.A. Brown says The prosecutions case will not change the second round, and will rely on the D.N.A evidence. Also after the first trial the D.A's office had an article put in the Daily Astorian which was titled Kelly's D.N.A clinched the States case. 

In the first trial of Kelly's the state brought in the expert results of two Oregon state police forensic lab tech's which testified that a small amount of Kellys D.N.A under layers of dirt and grime was found in a fold in a cushion in his own house which was 1 sperm head. There are 150 million sperm heads in a normal male ejaculation which would be found in everyones home if looked for in the world. There was no alleged victims D.N.A found at all. They also testified that the D.N.A they found could be up to 25 years old,and had no idea what so ever how it got there. 

The D.A in his closing statement to the jury said The Forensic lab techs had it right. It seems to us they had it right for Mr Kelly, but they railroaded him. The Appellate court in their final ruling said clearly that there was no physical evidence or direct evidence in this case. See Documents on (freetom.info). Here's one more ruling by the law of the land for the D.A's office. U.S v.s Solivan (6th cir 2006).

Because jurors are likely to place great confidence in the faithful executions of the obligation of a prosecuting attorney, improper insinuations or suggestions (by the prosecutor) are apt to carry weight against a defendant. Therefore, are most likely to mislead a jury. We encourage the public to watch carefully this case as it unfolds.