No. 2 and administered a polygraph
trial. The test indicated the boy had been
lying about Lucario's charges.
Assistant D.A. Robert Moens told the
Houston Post that a "combination of
the youth's age and background apparently caused him to lie about his involvement with Lucario."
Boy No. 2 appeared in Bond's trial,
which began January 24, and said that
his statements against Lucario, Kellogg
and Bond were false.
"The boy said the police had forced
him into making the accusations," said
Kellogg. "They worked him over several
hours and told him they wanted to get
'those people.' Apparently the police
also told him that they knew he had been
'doing things' with the FC counselors."
The boy, who was the only witness
against Kellogg, also said, "Richard Kellogg never abused me in any way," according to Lovell and Corrigan's notes.
Bond's trial was postponed until the
following week. At that time, Assistant
D.A. Moens was called to the stand as
a witness. Under oath, Moens admitted
that he and some other members of the
D.A.'s office knew the statements against
Bond, Kellogg and Lucario were almost
The eight woman-four man jury found
Bond innocent of the charges of sexual
abuse of a minor and Bond went free.
Richard Kellogg went to trial on January 18. The plaintiff, Boy No. 2, failed
to appear and Kellogg's trial was postponed until March 5.
When the trial did begin, Kellogg says
that Prosecutor Sue Krump tried to make
a deal. Krump offered Kellogg a plea
bargaining deal. If Kellogg would plead
guilty to a lesser charge, the state would
go easy on him, Krump said.
Kellogg refused because, as he says,
"I hadn't done anything wrong." The
prosecution finally requested that the
charges against Kellogg be dropped and
the case was dismissed.
On May 14, Sue Bennett finally went
to trial on one charge of sexual abuse of
a child. According to all observers,
prosecutor Veronica Morgan relied solely
on the story told by a 16-year-old girl.
(She was 14 at the time of the alleged
The girl testified in what Bennett
terms was a "flat, emotionless voice."
She maintained that on March 19, 1978,
she was a resident of Family Connection
and that she was with Bennett on and off
from 8 a.m. until after midnight.
According to notes taken by Lovell
and Corrigan, she first accused Bennett
of fondling her breasts and kissing her on
the lips at noon on "hippie hill" in Hermann Park. Next she accused Bennett of
having deviate sexual intercourse with
her in the FC after Bennett came to work
for the midnight to 8 a.m. shift.
"She didn't look at me once during
the whole trial," Bennett recalls. "And
that was hard to do because I purposely
stared at her the whole time. I wanted to
see where the girl that I had related to so
well the year before had gone to."
Bennett says that although the girl
was asked to leave the Connection, and
was the most estranged 14-year-old girl
she had ever seen, there was a strong
bond between the two.
"I feel really sorry for the girl. She was
used so terribly by the police and I believe that the person who will suffer the
most from the whole trial will be her,"
Bennett says. "Everybody who had cared
for her in the last five years was getting
up and saying that she was not a truth-
Bennett's lawyer, Stuart Kinard, asked
the girl to explain why she did not resist
Bennett. She said it was not in her nature
to fight, she had nowhere else to live and
that, never having had a gay sexual experience, she was curious.
Kinard produced 10 witnesses who
testified that one or more of the reasons
were not true. Eight of them had lived
or worked with the girl. Five witnesses,
including the girl's foster mother, testified they would not expect the girl to
tell the truth under oath.
"To me that was the most emotional
part of the trial," Bennett recalls. "Her
foster mother said she loved her, but that
was the way she was. I think several
people on the jury were very affected
by the incidents."
Another dramatic moment occurred,
according to Bennett, when Kinard asked
the girl if she had written a letter to an
FC counselor apologizing for all the
trouble she had caused. The letter had apparently been written after the girl made
her allegations to the juvenile division and
The girl denied writing any letter.
When Kinard produced the letter, written
and signed in her own hand, she read it
tearfully to the jury. Bennett says that
this was the only time the girl showed
any sign of emotion in her whole testimony.
In the letter, Lovell and Corrigan note,
the girl said, "they made me do it," referring to the police and her statement
against Bennett, and "I can't do anything
about it now."
When Morgan asked the girl to explain that first sentence, she could not,
but she said the police did not force her.
The girl said she was "confused" now,
but at the time she wrote those sentences, she "was mad at them (the
The final witness that Kinard produced was the girl's foster mother, Mrs.
Thompson. The FC staff maintained that
the girl had left the home for the Thompson foster home early in March.
Mrs. Thompson testified that on the
date of the alleged incident, the girl
had spent the night at home in Barker,
Texas, some 20 miles from Houston and
could not possibly have been at FC.
Thompson said she remembered the
date specifically because it was the date
of her own daughter's death.
Morgan apparently made no attempt
to verify the details of the girl's statements and produced no witness to vouch
for her credibility. The only motive Morgan suggested was that Bennett was possibly gay, say Corrigan and Lovell.
"In a recent issue of Youth Alternative magazine," Bennett says, "Morgan
told the interviewer that if she had been
able to put me on the stand she would
have shown the jury what my 'character'
In his closing statements, Bennett's
attorney Kinard asked the jury to weigh
the evidence without prejudice and
beyond a reasonable doubt. After a three-
day trial, the jury acquitted Bennett in
"I felt like the jury knew I was a
homosexual woman but it didn't matter
to them," Bennett says. "There were
several women on the jury that didn't
shudder at all at the word 'homosexual.'
I think they realized that you would have
to look far before you find abuse of a
child by a lesbian."
Bennett says that she came out of the
trial feeling hopeful about the possibilities of educating the public to the
realities of homosexual life.
"The jury was a plus thing for me. I
also came out of the experience with
strong feelings that it is important for
gay people to realize that we are subjected to being dragged off to jail and that is
a real danger for us," Bennett says. "I
never realized that someone could be
arrested purely based on the accusation of being homosexual."
Both Kellogg and Bennett say that if
the officers indeed had the welfare
of the children in mind, they would
never have forced them onto the witness stand.
"Those police officers forced the
children to get on the stand and portray themselves as prostitutes," Kellogg
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