AUSTIN - Travis County District Attorney Margaret Moore said a judge has granted a motion to dismiss charges against Dan and Fran Keller in one of Austin's most infamous court cases.
KVUE and Austin American-Statesman reporter Tony Plohetski confirmed the information late Monday. The Kellers, who operated a daycare in their Oak Hill home, were accused of performing satanic rituals on children in their care and were convicted in 1992 on charges of child sexual assault in a case that received national attention.
They spent 22 years in prison before the state's highest criminal court overturned that conviction in 2015 after a doctor who examined the girl recanted his testimony and said he had erred in his diagnosis. The Kellers have been out on bond, but the criminal charges have lingered since then.
Moore, who took office in January, said she has reviewed information, including a trial transcript, in making her decision. In a statement, Moore said in part, "Given the current state of the law on actual innocence and the evidence remaining in this case, I believe this to be a just outcome."
The decision will allow the Kellers to apply for $80,000 a year, given to people who were wrongly convicted. If their application is approved, the Kellers could receive more than $3 million.
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