COURT ORDERS THIRD TRIAL
On April 27, 2018, the post-conviction court ordered a third trial for Thomas Kelly. The court endorsed the position taken by Mr. Kelly's lawyer, Dennis Balske, that Mr. Kelly's trial lawyer, Raymond Tindell, failed to exercise professional skill and judgment when he failed to object to testimony by two expert witnesses that they saw no evidence that the complainant had been coached when she made allegations against Mr. Kelly to them. Under Oregon law, the experts' testimony constituted improper vouching. The court also found that Tindell's claim that his failure to object was strategic was not credible. The improper testimony prejudiced the defense because the credibility of the complainant was the primary issue. Mr. Kelly had received a second trial due to improper expert testimony by one of the two same expert witnesses at his first trial.