AUSTIN, Texas - The court room where the trial was held no longer exists. As of Tuesday because of this document filed by Travis County D.A. Margaret Moore the formal charges against Daniel and Frances Keller have also gone away, for two main reasons.
"No credible evidence exist today that exculpates the defendants, and that I believe them to be actually innocent under the law,” said Moore.
Moore's dismissal was based on a change in testimony by a key witness in the case. The doctor who made the original diagnosis of sexual abuse admitted he was wrong.
"I think after I absorbed, reviewed all of the record, all of the remaining evidence and the law, the legal decision was easy,” said Moore.
In 1991 the Kellers, who ran an Oak Hill day care, were arrested for sexually abusing a child. No physical evidence was presented during the trial only horrific claims from a therapist and another child.
The accusations included; satanic rituals, drinking blood laced cool aide, taking children to Mexico by plane to be raped-dismemberment of bodies, there were even stories of putting children in a pool with sharks.
"I forgave everybody not supposed to hate anyone,” said Daniel Keller in 2013.
Keller made that statement after serving 21 years in prison and being released on appeal. Tuesday the couple declined to do an on camera interview with FOX7, but their attorney Keith Hampton said this about their reaction to the dismissal.
"There is relief there is really no bitterness for Dan there still is for Fran. Fran is going to have a tougher time getting over this, but she couldn't even begin to do that until her innocence was officially acknowledged,” said Hampton.
"In making her decision District Attorney Moore said she didn't analyze the reasoning of the former prosecutors or how a jury could believe such outlandish accusations. She did say the mistakes made serve as a warning.
"The learning part of this to me has more to do with the examination of the process in place, now, when there is an outcry by a very young victim,” said Moore.
The mother of the alleged victim still believes her daughter was abused, according to Moore. That the child, is now about 27 years old and Moore told FOX7 that she still has no memory of any attack.
For the past three and half years- the couple has been living south of Austin off of a go-fund-me account. The dismissal makes them each eligible to be reimbursed $80,000 for every year that they were imprisoned.