Fran Keller: 'We can breathe again'
Couple apply for money after DA declares innocence; alleged victim, now 30, stands by testimony, dad says.
Fran Keller was ecstatic, and still a little overwhelmed, hours after Travis County’s new district attorney filed court docu- ments Tuesday declaring that she and husband Dan Keller were innocent in one of Austin’s most notorious and lurid cases — the alleged sexual abuse of children in their South Austin day care center in 1991.
“It seems like we can breathe again,” Fran Keller said. “We can sleep again without nightmares. We can go out without having to worry about people recognizing us in the grocery store.”
The accusations against the
Kellers made national news after three children accused them of participating in satanic rituals that included videotaped orgies, dismembered babies and tortured pets. No evidence of such activities was ever discovered. Two decades after the Kellers were convicted, the case against them collapsed when the only physical evidence of abuse was acknowledged as a mistake by the examining physician.
Freed in 2013 after serving more than 21 years in prison, the Kellers immediately launched an effort to clear their names. The state Court of Criminal Appeals overturned their convictions in 2015 but stopped short of declaring the couple innocent.
Then on Tuesday morning, Travis County District Attorney Margaret Moore filed a motion to dismiss their criminal case based on Moore’s belief that the Kellers were innocent of child sexual abuse.
“It used to have trust, the Keller name. This took it all away, but now it’s coming back — and it’s a wonderful feeling,” said Fran Keller, 67.
Moore said that when she took office in January, prosecutors had already decided that the case couldn’t be tried again and should be dismissed. She said she only had to decide how to resolve the matter.
“By the end of my research and my review, it was clear to me what needed to be done,” she said Tuesday. “I would say that there was a very healthy discussion that centered on the record in the case and the remaining evidence and the law . ... In the end, it was my decision, and I made it.”
Before announcing her decision, Moore said she met privately with several witnesses and the woman whose outcry as a child led to the Kellers’ conviction.
“They did not agree with my decision,” she said.
Sean Nash, the father of one of the children who testified against the Kellers, sharply criticized Moore’s handling of the case.
“He still stands by his testimony, and he still remembers,” Nash said of his son, who’s now 30. “I know it’s hard to believe anyone would do the things the Kellers and their friends did, but let’s remember that pedophiles do these horrible things every day.”
“Our children,” he said, “are grown and can tell you what really happened.”
Moore said she didn’t discuss her decision with the Kellers.
“I would say that I hope that this puts the matter to rest, for them and in fact for everyone involved in this case,” she said. “It has been a painful saga for many people, and it’s been going on for 26 years now, and I think it is time to move on. I hope this allows that.”
Moore’s declaration, which also included an order by state District Judge Clifford Brown dismissing the criminal case against the Kellers, makes them eligible for state compensation for wrongful convictions — $80,000 each for every year spent in prison, said their lawyer, Keith Hampton, who worked on their appeals at no cost.
Tuesday afternoon, the Kellers drove to Austin for a joyful reunion with Hamp- ton, who gave them copies of Moore’s declaration and had them sign applications for state money that could total around $3.4 million, plus a matching annuity that will provide annual payments for as long as they live.
“I’m so shaking I can’t even sign,” said Dan Keller, 75.
The state comptroller’s office, which administers the fund, will decide whether the Kellers qualify for the payments.
“You don’t think they’ll hold back, do you?” Fran Keller asked.
“If they do, we’re going to have another fight, but I don’t think so,” Hampton said, explaining that Moore’s declaration tracked the language of the state law that established the compensation fund.
Fran Keller said the money is needed because they’ve been scraping by on limited Social Security payments, plus help from family and friends.
“It’s been really, really rough. You can’t get a job as a ‘child molester.’ They won’t even talk to you,” she said. “Would you hire me? Would your neighbors hire me? Would you let me live next door to you and you’ve got kids? No you wouldn’t. Nobody would.”
If the compensation is approved, the Kellers said they plan to buy a house, a vehicle and some health insurance. Dan Keller wants to get better hearing aids.
Both said Moore’s declaration also provided muchneeded relief. Both were freed in 2013 on a signature bond, which meant they didn’t have to pay any money — but it also meant an alleged infraction could lead to a bond revocation and a return to prison.
“It was still a nightmare, even being out, because we felt like we were still in prison,” Fran Keller said.
“It’s been 3½ years we’ve been waiting. It’s been so long, I don’t think it’s hit quite yet,” she said. “We owe a lot of people a lot of things. We’ve had so many helpers and supporters. We’ll pray for them all.”