Judge Rules No Innocence For 3rd Time

AUSTIN, Texas (AP) — A judge in Austin has recommended against a finding of innocence for two ex-day care owners who spent 21 years imprisoned on a child sex abuse conviction.  

Dan and Fran Keller, who divorced in prison, seek exoneration in a case prosecutors say involved child abuse and satanic rituals. The Kellers were convicted of aggravated sexual assault of a child involving a 3-year-old girl.

The Kellers were released on bond last year when the physical evidence was found to be a mistake by an examining physician.

Judge Wilford Flowers, who presided over the trial, on Monday ruled the Kellers again failed to provide proof of innocence. It's the third such decision by Flowers. His recommendation goes to the Texas Court of Criminal Appeals.

An attorney for the Kellers plans a rebuttal.