Kelly v. State

Pope, Judge.

Defendant Thomas Kelly was convicted of two counts of child molestation, and appeals from the denial of his motion for new trial. Held:

1. Defendant first contends the trial court erred in not cautioning the 12-year-old victim’s foster mother that she was not to influence the victim concerning whether she would consent to a pre-trial interview with defense counsel. Also in support of this enumeration, de fendant contends the prosecutor’s actions in this case impermissibly denied his counsel access to the witness, and that he was denied his right to conduct a meaningful…