Kelly Lynn Austin -- Deceased 3/27/83; Father Charles Austin Arrested for Her Murder

Man arrested for killing daughter in 1983

By Ryan Gauthier and The Associated Press
Updated 3:35 PM Friday, April 23, 2010



MIDDLETOWN, OH — Local police reportedly played a role in ending a manhunt nearly three decades in the making.

Middletown police arrested 56-year-old Charles Austin Wednesday evening, April 21, at Legends bar, 1234 Central Avenue. Austin was wanted on suspicion of smothering his 5-year-old daughter 27 years ago in Southern California.

The arrest came only one day after Austin was charged with murder in San Bernardino County.

San Bernardino Sheriff’s deputies contacted Middletown police earlier this week, with information Austin was living somewhere within the city.

Officer Ken Mynhier said he immediately recognized Austin as “one of our regulars downtown.” Mynhier started checking various bars Austin was known to frequent, eventually locating him sitting at the end of the bar in Legends.

Mynhier said Austin has probably been living in Middletown for a few years now and was usually seen walking between Buck’s Sports Bar & Grill and Legends.

“He’d usually get more beer and go back to wherever he was staying for the night,” Mynhier said. “I was quite familiar with him before this.”

Austin was arrested by Middletown police in August of 2008 for criminal trespass, according to police records.

Mynhier said Austin was fairly cooperative during the arrest, “not saying much of anything.”

“At first I don’t think he thought much of it,” Mynhier said. “When I told him he had a warrant out of San Bernardino, his head just dropped.”

Prosecutors claim the divorced Austin smothered his daughter, Kelly, in March 1983 while she visited the home he shared with his parents in Highland, Calif.

Austin told investigators he discovered the girl in his bed with a pillow over her head. At the urging of Kelly’s mother, Joyce, investigators revisited the case in 2001 and 2003. They concluded the girl was smothered but couldn’t find Austin until this week.

Austin is currently being held at the Butler County Jail, pending an extradition hearing.



http://www.middletownjournal.com/news/crime/man-arrested-for-daughters-1983-killing-669262.html

I can't imagine the pain that Joyce, Kelly's mother, has suffered all of these years. She has been on a mission since 1983 to prove what she knew to be the truth.

It looks like Austin will never see another bar stool or enjoy another beer. Hopefully he has been arrested for the last time and can look forward to spending the rest of his life behind bars.

I'm glad that there will be justice for Kelly after all these years.

Father arrested for daughter's 1983 murder

Friday, April 23, 2010



SAN BERNARDINO, Calif. (KABC) -- An arrest has been made in the cold case murder of a little San Bernardino girl. Detectives arrested 56-year-old Charles Austin on Wednesday night at a bar in Middletown, Ohio, one day after he was charged with the 1983 murder of his 5-year-old daughter in San Bernardino County.

On Sunday, March 27, 1983, Kelly Austin was found unresponsive in bed at her father's home. Medical aid responded and attempted to resuscitate her, however they were unsuccessful.

In 2003, at the request of Kelly's mother, the case was re-examined by homicide detectives. Additional interviews were done, however the case stalled when Kelly's father, Charles Austin could not be located. Additionally in 2003, medical examiners concluded that Kelly died of suffocation by smothering.

"Twenty-seven years ago she died and supposedly passed away in her sleep and we all thought that something strange was going on. The whole family felt that way," said Randy Luke, the victim's uncle.

In January 2010, Sheriff's Cold Case detectives began to evaluate the case. Detectives conducted additional interviews and hoped to determine the whereabouts of Charles Austin. As they prepared their itinerary for a cross-country trip to work on several cold cases, detectives Rob Alexander and Greg Myler determined that Charles Austin was a transient living in Middletown, Ohio.

In mid-February the detectives made contact with Austin and spent time talking to him about his daughter and the circumstances surrounding her death in 1983.

Upon returning to San Bernardino, detectives met and discussed the case with Deputy District Attorneys John Thomas, Gary Fagan and Michael Fermin. On Tuesday, April 20, 2010, a $2 million arrest warrant was issued for Charles Austin.

"What our family wants at this time is to get closure. This is a step in the right direction for the justice for Kelly," said Luke.

Austin will go through the extradition process and eventually return to San Bernardino County.

Anyone with information about this case, or any other cold case, is urged to contact Detective Rob Alexander, Detective Greg Myler or Deputy District Attorney John Thomas at the Specialized Investigation Division (909) 387-3589.

http://abclocal.go.com/kabc/story?section=news/local/inland_empire&id=7403664

Killer of San Bernardino 5-year-old may be answered 27 years later



11:01 PM PDT on Thursday, April 22, 2010
Updated April 24, 2010

By PAUL LAROCCO
The Press-Enterprise



Charles Henry Austin, 56, of Middletown, Ohio, was arrested in the 1983 death in Highland of his 5-year-old daughter Kelly Austin.
Charles Henry Austin, 56, is being jailed on suspicion of murder, awaiting extradition.



On a Sunday morning in 1983, Kelly Austin was found unconscious in her father's bed.

The death of the five-year-old aroused suspicion, but an autopsy was inconclusive.

Twenty years later, her mother pleaded with San Bernardino County sheriff's detectives to reopen the case. And a fresh look at medical examiner's reports determined Kelly had been intentionally smothered.

Still, it wouldn't be until this January that the suspect -- Kelly's father -- was located living as a transient in Ohio. After detectives assigned to crack cold cases for the department traveled to speak with him, an arrest warrant was issued. On Wednesday night, he was found at a bar.



"I've been crying and crying," Kelly's mother, Joyce Austin, said Thursday. "I've been waiting for this a long time."

Kelly's parents had divorced. At the time of her death, the blond-haired girl was visiting her father at his Highland home near San Bernardino.

Charles Austin told investigators he found his daughter with a pillow over her head. In 2003, then-sheriff's detective Gina Perez reviewed the old case at the request of Kelly's mother.

She submitted reports to the chief medical examiner, which led to the determination that Kelly had been smothered.

"Basically, then, they couldn't find him," sheriff's cold case detective Rob Alexander said of the suspect. "As a matter of fact, we had a hard time finding him."

Earlier this year, Alexander and Detective Greg Myler tracked Austin to Middletown, Ohio -- part of a nine-day trip, spanning seven states and 7,400 miles, seeking subjects in four unsolved killings. Prosecutors filed the murder charge in court Tuesday.

"I'm hopeful that after all these years," said Deputy District Attorney John Thomas, "we can give some type of closure to the family."

Authorities did not release a motive, but Joyce Austin said she believed her ex-husband was molesting Kelly.

"I used to have this picture of her, she's standing at the top of the slide at McDonald's and she didn't want to come down," Joyce Austin said. "The way she's looking at me, I could see it in her face. I should have realized something was going on.

"But she was my little girl," the mother continued. "She was beautiful."

http://www.pe.com/localnews/stories/PE_News_Local_W_webcoldcase.2aea140.html

Man Arrested In Ohio For Daughter's 1983 Killing

SAN BERNARDINO, Calif. (AP)
April 24, 2010


Kelly Austin



A former San Bernardino County man has been arrested halfway across the country on suspicion of smothering his 5-year-old daughter, who was found unconscious in his bed nearly three decades ago, authorities said Friday.

Charles Henry Austin, 56, was arrested by local police at a bar in Middletown, Ohio, on Wednesday -- one day after being charged him with murder. He could face 25 years to life in prison if convicted.

Prosecutors contend that Austin smothered 5-year-old Kelly Lynn Austin while she was visiting him at his parents' home in Highland. He told investigators that he had found the girl with a pillow on her head. She couldn't be revived.

An inconclusive autopsy meant that Austin was not immediately charged with the crime. He left California and was only located this year.

"It's been a long time. You don't know how happy I was to hear that," Kelly's mother, Joyce Austin, said Friday. "I always felt that Charles had something to do with her dying. ... I was in tears all day yesterday."

At the time of his arrest, he was living in Middletown, working at a tavern, and has family in nearby Carlisle, Middletown Police Detective Steve Winters said.

Austin told investigators he worked for a railroad company as a welder for several years and had lived in several states. He remarried and divorced, leaving four children in Ohio, San Bernardino County Deputy District Attorney John Thomas said.

Austin was being held Friday at the Butler County jail on $2-million bail. Jail authorities refused to allow a telephone interview.

He did not have an attorney, and San Bernardino County authorities plan to request his extradition next week, Thomas said.

The Austins were separated and on their way to a divorce when Kelly was found on March 27, 1983, her mother said.

There were suspicions that the girl had been smothered, Thomas said, but the autopsy was inconclusive even though it said there were indications of asphyxia.

Austin left the state a short time later, and Joyce Austin never heard from him again.

But she never stopped thinking about Kelly's death.

"My life stopped right then," she said.

At the mother's request, investigators re-examined the case in 2001 without success. When it was re-examined in 2003, Thomas said new witnesses were located who provided additional information -- although he declined to provide details -- and a medical examiner looking at the old records concluded that Kelly was smothered.

However, investigators couldn't find Austin to interview him, Thomas said.

The case went into limbo. With hundreds of unsolved murders, the Sheriff's Department and DA's office were unable to devote much time until a cold-case team was put together in 2008. Austin was finally found and interviewed earlier this year.

Investigators have not released a motive for the alleged killing but Kelly's mother said she believes he came home drunk while his parents were home and tried to silence his daughter.

"He was trying to muffle her from crying," she said. "That's what I think."

The couple split up because Austin "started being real abusive to me in front of my kids," and he had been in counseling for alcohol abuse, said Joyce Austin, who has an older daughter by another relationship.

"But did I believe that my daughter was in danger? No, I did not," she said.

She doesn't believe that Austin meant to kill their daughter.

http://cbs2.com/local/suspicion.of.smothering.2.1652400.html

I wonder why the autopsy report was originally deemed inconclusive. Did the ME really believe that the five-year-old died in her sleep from natural causes. How sad. Sad also, that this POS was not immediately arrested. He left town, disappeared,
remarried and fathered four more children. That marriage also ended in divorce, and do you wanna bet that he wasn't paying any child-support.

I want to offer my support for the family of the passed child. This case shows that the love of a mother has no bounds. To fight for your daughters justice for 27 years deserves praise and I am sure your daughter is proud.
This man has caused much pain for all of his children. For one child to lose her life, and for the others to have their father taken away is a sad misfortune. I pray for closure for all and that justice is served.

Hi justice for children, welcome to Reality Chatter. I certainly agree with you. I just located an update, I feel bad I haven't stayed on this. It appears little Kelly was not the only abused child in this sad story.

Man pleads not guilty in death of daughter
Stacia Glenn, Staff Writer

Posted: 05/03/2010 05:41:47 PM PDT


While questioning a man about the 1983 death of his 5-year-old daughter, detectives repeatedly asked if he accidentally smothered Kelly by putting a pillow over her face to muffle her cries as he molested her.
Charles Henry Austin, who was interviewed as he lay in a hospital bed in Ohio, denied touching his daughter inappropriately and claimed he had nothing to do with her death.

He pleaded not guilty Monday in the death of his blond-haired daughter, which was recently classified as a homicide after a fresh look at medical examiner's reports.

Kelly was found not breathing March 27, 1983, in a bed she shared with Austin in her grandparent's Highland house.

"He would never do anything like that. Never," said Stanley Austin, who said he is outraged at the accusations that have been leveled against his brother. "There was no abuse, nothing like that. He's not perfect but he would never hurt anybody."

Authorities have not released a motive in Kelly's death but court documents show that Austin's former stepdaughter accused him of molesting her and that sheriff's detectives believe he may have continued a pattern of abuse with Kelly.

Austin's stepdaughter was six years old when she first told her mother that Austin was molesting her. Although Joyce Austin reportedly threw him out of the house, she never filed a police report about the alleged abuse.

The girl's biological father obtained custody soon after he heard about the alleged molestation.
When she heard about Kelly's death, the girl allegedly told family members that she believed Austin was responsible. She also told detectives that Austin would put a pillow over her face if she screamed or cried during the assaults, court records show.

The stepdaughter "thinks Chuck suffocated the victim while he was molesting her or because she was crying," according to a police report.

Austin and his ex-wife were separated and heading for divorce when Kelly was killed. He had custody of his daughter and moved in with his parents months before, due to financial reasons.

A new medical examiner's report declares that Kelly was dead for hours before Austin found her about 6:30 a.m. He told detectives back then that he had coffee with his parents before returning to the bedroom and seeing Kelly with a pillow over her face.

The original report said there were signs of asphyxsia but a precise cause of death couldn't be determined.

A cold case team took another look at Kelly's death after her mother wrote them a letter suggesting there was foul play.

New evidence was gathered by detectives but the case stalled again because Austin could not be located.

He was found living in Middletown, Ohio, earlier this year and detectives sought an arrest warrant after interviewing him in the hospital.

Austin faces 25 years to life in prison if convicted.




Read more: http://www.sbsun.com/news/ci_15009795#ixzz0o24gl7ig

Hello Piper, Who are you? You seem to have quite a bit of information that has not been released to the public.
I appreciate your support, but I am confused about how you came by your information.
Sincerely,
KMJ

Hi survivor. All of Piper's information came from online news articles. The links are at the bottom of her posts. I'm going to repost them here.

http://www.middletownjournal.com/news/crime/man-arrested-for-daughters-1983-killing-669262.html

http://abclocal.go.com/kabc/story?section=news/local/inland_empire&id=7403664

http://www.pe.com/localnews/stories/PE_News_Local_W_webcoldcase.2aea140.html

http://cbs2.com/local/suspicion.of.smothering.2.1652400.html
(This link no longer works, but you can find the same article at the following link)
http://www.presstelegram.com/news/ci_14948961

http://www.sbsun.com/news/ci_15009795#ixzz0o24gl7ig
(This link no longer works, but you can find the same article at the following link)
http://www.allbusiness.com/society-social/families-children-family-law-child/14388536-1.html

survivor wrote: Hello Piper, Who are you? You seem to have quite a bit of information that has not been released to the public.
I appreciate your support, but I am confused about how you came by your information.
Sincerely,
KMJ

Hi survivor,

As J4A posted above, I have only posted what I've read in news reports. I certainly have no inside information. I only want justice for this child, her family and any others that may have suffered abuse at his hands. I am also a survivor, from a nasty old man that abused little girls for many years and was never turned in. My niece is also a survivor, I fought for justice for her and that molester now resides in prison. Little Kelly didn't survive, and it breaks my heart. He's been walking around free all of these years, it's time justice is served if he's guilty of these crimes. If you have any updates on this case, I would greatly appreciate you sharing them.

Peace,

Piper

I strongly believe there was a pattern with this man, they don't just stop. I agree with Kelly's mom, he probably didn't mean to kill her. It's tragic, all the way around.

~Snipped from above article~
"Authorities have not released a motive in Kelly's death but court documents show that Austin's former stepdaughter accused him of molesting her and that sheriff's detectives believe he may have continued a pattern of abuse with Kelly.

Austin's stepdaughter was six years old when she first told her mother that Austin was molesting her. Although Joyce Austin reportedly threw him out of the house, she never filed a police report about the alleged abuse.

The girl's biological father obtained custody soon after he heard about the alleged molestation.
When she heard about Kelly's death, the girl allegedly told family members that she believed Austin was responsible. She also told detectives that Austin would put a pillow over her face if she screamed or cried during the assaults, court records show."

Sadly, it's happened both ways, a child not believed and also fabricated stories. In this case, Kelly's mother believes this is what happened to her because of what happened to her other child. At least that's how I take it. This mother has been dealt so much heartache, I hope she gets the answers she needs and justice is finally served.

I also wanted to add that even if molestation is suspected, sometimes it can't be proven so the perp goes on........

I don't think 5 year olds just smother themselves in a man's bed, JMO.

It appears he's due in court again tomorrow. Here's the link to search his case. Scroll down and click accept to search the database.

http://www.sbcounty.gov/courts/index.asp

...Tell it to da judge!!!! It's about time....

Sometimes a child won't admit the abuse...after all they just think it nis normal...at least that's the line of BS the perps tell them...I didn't find out about my eldest daughters abuse til she was in her 20's...she never told me...I didn't see it and if I had I never would have permitted the perp to get away with it...He would be under the jail...buried so deep in litigation that he'd never see the light of day...She has since forgiven him...something I could never do...she even acts as though nothing ever happened...whenever she's around him...I just want to in his face...I detest him and don't even want to hear his name...He even molested his next wifes dau...Will I dance at his funeral??...will I even go??? Will I say "thank God, this world now has one less molester..."Who knows what I'll do??? I just hope I live long enough to see his demise...

Estee, I'm sorry to hear about your daughter, but glad to know she's been able to deal with it in her own way and move on. That can be very difficult to do. One single molester can destroy so many lives. Not only does the victim live with it forever, their loved ones do as well. It never goes away.

Thankyou Piper :)

You're very welcome, survivor. I'm always here for support if you need it.

I wish you peace and comfort this holiday season. Merry Christmas to you and yours :nuts:

Piper

She also told detectives that Austin would put a pillow over her face if she screamed or cried during the assaults, court records show.

This statement is from Kelly's half sister, the one they state as Austin's stepdaughter.

I believe what this child said at the time. Isn't it ironic little Kelly was found dead with a pillow on her face? In her father's bed..........

~Snipped~
"There were suspicions that the girl had been smothered, Thomas said, but the autopsy was inconclusive even though it said there were indications of asphyxia.

Austin left the state a short time later, and Joyce Austin never heard from him again.

But she never stopped thinking about Kelly's death.

"My life stopped right then," she said.

At the mother's request, investigators re-examined the case in 2001 without success. When it was re-examined in 2003, Thomas said new witnesses were located who provided additional information -- although he declined to provide details -- and a medical examiner looking at the old records concluded that Kelly was smothered."

He has a defense attorney and I'm sure these issues will all be addressed at trial.

I think LE had sufficient evidence to arrest Charles Austin for murder, after all these years. It's up to the State of CA to prove it, and I believe they will.

~Snipped~
"There were suspicions that the girl had been smothered, Thomas said, but the autopsy was inconclusive even though it said there were indications of asphyxia.

Austin left the state a short time later, and Joyce Austin never heard from him again.

But she never stopped thinking about Kelly's death.

"My life stopped right then," she said.

At the mother's request, investigators re-examined the case in 2001 without success. When it was re-examined in 2003, Thomas said new witnesses were located who provided additional information -- although he declined to provide details -- and a medical examiner looking at the old records concluded that Kelly was smothered."

There were indications of asphyxia on the autopsy report.

A medical examiner looked at the old records and concluded Kelly was smothered.

The step daughter claimed well over 27 years ago that he molested her while holding a pillow over her face.

Kelly was found with a pillow over her face in her father's bed.

Her death is very suspicious.

I clearly am not up on this case...and I only hope that IF he is guilty of a crime against a child that he be brought to justice...Since we have only what has been written I find it hard to present a guilt/innocent judgement on the perps that we read about...The presentation of evidence in a court of law is usually done in an orderly manner, so to tie everything up into a neat little package...Juries debate when in deliberations and sometimes the neat little package of evidence is not easily understood...The trick is to stay open minded and listen carefully before rendering a verdict...I'm sure that a lot of self examination occurs after one's decision is made and questions about "did I make the right decision?" arise...Yes, there are 2 sides to every occurrance and one's choice as to which to believe is an individual's perogative..May God give each and everyone of us the wisdom to make an educated decision should we be put in a jurist seat...

AJ ~ I have always respected your opinions and views on any of these cases. And I expect mine and everyone else's to be respected as well. No one can tell me my opinion is wrong and then take something that happened to me and then say I carry some kind of bias in regards to unfounded accusations. That is just mean, and wrong. I do happen to know patterns of these sick bastards that strike a big red flag with me. If you consider me biased because of my experiences, so be it.

The only thing I know about this case are the articles posted here, there is nothing anywhere else to go by. Something is not right with what happened to this child. The trial will bring up all of these unanswered questions, this mother needs answers and whether he's guilty or not is yet to be determined. That will happen in a court of law with evidence presented to a jury.

I found some more articles today:

Records reveal detectives' theory in 1983 killing of 5-year-old Highland girl

10:44 PM PDT on Monday, May 3, 2010

By PAUL LaROCCO
The Press-Enterprise



~Snipped~
In 1983, Charles Austin told police he returned to his bedroom to find Kelly with a pillow covering her face, but then said that pillow and another one were next to her, not over her head, wrote sheriff's Detective Rob Alexander.

"It did not make (sense) that Charles gave conflicting statements concerning the pillows on the bed," Alexander wrote.

Though they finally had a definitive autopsy conclusion, authorities in 2003 had another issue -- they couldn't find Austin. Then a woman came forward with information that in the early 1980s, when she was between 4 and 6 years old, Austin had molested her. She gave detailed accounts that included Austin putting a pillow over her head to muffle sounds, Alexander wrote.

Still, without being able to find the suspect, Kelly's murder case again went cold. That changed in January, when Alexander and his partner, Detective Greg Myler, learned Austin might be living in Kentucky.

As they planned a cross-country trip to seek witnesses in other cold cases, the detectives found Austin in Ohio. On Feb. 13, they met him as he was treated for chest pains at a Middletown hospital, and spoke to him for 3 ½ hours.

He said that he left California shortly after Kelly's death, and has held jobs as everything from a welder to a carnival worker. In 2001, he married a 17-year-old girl and eventually fathered four children with her, according to the affidavit.

That woman told detectives she had suspicions that Austin acted inappropriately with those children, but had no proof, Myler wrote.

When the topic shifted to Kelly, Austin was emphatic in his denials, but declined to take a polygraph test. He admitted sharing a bed with her but said he never molested her -- or anyone else.

http://www.pe.com/localnews/inland/stories/PE_News_Local_W_web-coldcase.324be2c.html

Father arrested years after girl's death

(no date, just says 2010)

~Snipped~
Kelly was found unconscious March 27, 1983, inside her grandparents' Highland home and died soon after.

"The mother was not in the picture and Charles had custody of Kelly," said cold case Detective Rob Alexander. "He was having financial difficulties so he moved in with his parents. They were helping him raise Kelly."

A motive in the slaying has not been released.

http://www.thefreelibrary.com/Father+arrested+years+after+girl%27s+death.-a0224786767

Evidence error halts hearing in girl's 1983 death

By Mike Cruz San Bernardino County Sun, Calif.
Publication: San Bernardino County Sun (California)
Date: Tuesday, October 19 2010

Oct. 19--SAN BERNARDINO -- A hearing for a former Highland man who is accused of smothering his 5-year-old daughter in 1983 was stopped Monday when coroner's officials revealed the existence of microscopic tissue samples taken from the victim that had not been given to the defense.

The county's chief medical examiner, Dr. Frank Sheridan, was testifying about the girl's death at a preliminary hearing for Charles Henry Austin, when Sheridan said he reviewed in 2003 microscopic glass slides and case reports to determine her cause of death.

The glass slides contained tissue samples taken from the victim, Austin's daughter Kelly, at the time of the autopsy, the medical examiner said in San Bernardino Superior Court.

The court took a break in the hearing, and Judge Brian McCarville announced shortly after that the hearing would be stopped so that the defense's own forensic pathologist could review the evidence.

"This will not count as a dismissal," McCarville announced. "We're just agreeing to vacate everything that's been done."

Austin returns to court Saturday for a status hearing. A new preliminary hearing, to determine the sufficiency of the charges, could be scheduled. He faces one count of murder, according to court records.

Deputy District Attorney Michael Fermin said later that the defense has a right to review the tissue samples. Austin's lawyer, Deputy Public Defender Erin Alexander, declined to comment after the proceedings.

The girl's body was found at 6 a.m. Mar. 27, 1983, in the bed she shared with her father at his parent's Highland home. Austin was separated from his wife and was staying with his parents.

An emergency room doctor indicated that Kelly's body showed "no outward signs of trauma," according to testimony. However, the girl had a small abrasion to her chin, and the doctor noted a suspicious nature to her death.

The day before Kelly died, Austin visited the homes of two of his brothers and had "a beer or so" at each home, retired sheriff's investigator Milton Rose said he was told by Austin.

The defendant also had "several more beers" at a friend's house, and then visited his wife's home, before returning at 10 p.m. to his parents' Highland home.

Austin stayed up talking to his mother and went to bed between midnight and 1 a.m., Austin told Rose. Austin awoke at 6 a.m. and noticed a blanket covering Kelly. He had a cup of coffee and tried to go back to bed.

Read more on 2nd page:

http://www.allbusiness.com/government/government-bodies-offices-law-courts/15210043-1.html

~Snipped from 2nd page~


Austin told authorities he noticed a pillow over Kelly's head. He moved it and saw that she was face down and not moving, according to testimony.

Austin said he was not drunk that night and claimed to be in recovery from an alcohol problem, Rose said.

The defense also challenged witnesses about what they actually remembered of the case, after 27 years.

That last article was after a preliminary hearing, 10/18/10.

According to court records dated 12/17/10 it states:
PARTIES HAVE REACHED AN AGREEMENT RE: DISCOVERY ISSUES.
I wonder if this is in regards to the microscopic tissue samples on the glass slides.

According to court records, the next hearing is 01/25/11.

Welcome to RC, Concerned and I hope you will stay with us and post your thoughts on this case, and others that we discuss here. From what I read, you actually knew Kelly and I wish to convey my condolences to you and the rest of Kelly's family. I had not heard of this case till it was posted on this thread and I hope Kelly gets justice, even if it is 27 or 28 years too late.

Again, welcome to RC and hope you don't let a few remarks turn you away from this site. We are happy to have you here.

Thank you, Mama.......little Kelly is due justice.

Concerned, you are so welcome, but no thanks are needed.
You sound like a very caring person, and I feel you would fit in with the majority of the ppl on this thread.

Justice for Kelly

Concerned, so glad to see you are still here tonight. Now, if we could get Survivor to come back so we can let her know the majority of us want to give the entire family our love and support.

If you know her, please contact her and tell her we send our prayers.

I totally agree with you Piper. It was one thing when I was categorized in the "Mob Minded" group because I disagreed about a case, as I have been here since the beginning of this thread, and with all I have been through in my lifetime, I have a tough skin and knew I didn't have to read her posts after that.

But for a new member to be treated as Concerned was, it's a wonder we ever have any new members. I wouldn't be surprised if she didn't come back and that would be a great loss for this thread.

Concerned, as I told you before, we are here for you and the rest of the family. I hope you don't leave because of the way one person treated you.

Happy New Year concerned and hope you get justice for little Kelly in the upcoming trial.

Hope you come back soon and keep us posted on how the trial is going.

Piper, that is a beautiful picture of a beautiful little angel. Hopefully she will get justice very soon.

There are a lot more guilty individuals walking free because of "lack of evidence". These guilty people do not stop doing what they did, they just move around a lot and avoid getting caught.
As to the step-daughter coming forth and speaking to detectives when she was older....many children are afraid to speak of molestation, are shamed, feel dirty, and feel to blame for what happened to them. The horror may be real, but even worse may be the unwarranted undeserved shame of being a child forced to testify and face their assailant in a courtroom. Many pedophiles get away with it because they choose young targets as their victims, and leave those victims frightened and unable to describe in acceptable adult terminology exactly what was done to them. Parents may be shocked, protective, and unwilling to subject their child to recounting their molestation. Sadly, the innocence of the child is not taken into consideration in a courtroom, with a defender trying to keep his client from jail. Interrogation can be unbearable to a child. As a child becomes an adult they hopefully may have found a way to come to terms with what happened to them - so belated testimony is not unusual at all. A child carries that recollection forever.

Charles Austin made conflicting statements as to how he found Kelly. There was no mention of a blanket in 1983 it seems, then the pillow story changes.


~Snipped from 3 different articles~

Austin told investigators he discovered the girl in his bed with a pillow over her head. At the urging of Kelly’s mother, Joyce, investigators revisited the case in 2001 and 2003. They concluded the girl was smothered but couldn’t find Austin until this week.



In 1983, Charles Austin told police he returned to his bedroom to find Kelly with a pillow covering her face, but then said that pillow and another one were next to her, not over her head, wrote sheriff's Detective Rob Alexander. "It did not make (sense) that Charles gave conflicting statements concerning the pillows on the bed," Alexander wrote.


Austin stayed up talking to his mother and went to bed between midnight and 1 a.m., Austin told Rose. Austin awoke at 6 a.m. and noticed a blanket covering Kelly. He had a cup of coffee and tried to go back to bed.Austin told authorities he noticed a pillow over Kelly's head. He moved it and saw that she was face down and not moving, according to testimony.

The next hearing is scheduled for 01/25/2011.

"The girl had recently been treated for a urinary bladder infection, had a fever two to three weeks earlier and had pain on her left side, below her rib cage, according to testimony."


Is anyone aware that chronic urinary tract infections can be indications of child sexual abuse? I know it first hand, I've seen it, I know a child that lives with the damage.

In children, a UTI may be one of the first signs that there is something abnormal with the urine system. A UTI in a child can be a symptom of sexual abuse.

Piper. some people just don't understand you have been there, and you know what you are talking about.

Why do you think they want medical records?

Concerned, thank you so much for sharing your information. I realize how difficult this is for all of you. It's the precious little girl, Kelly Lynn, that lost her life so many years ago that fuels my fire. I only wanted to bring attention to her case to see justice prevail after all these years. I respect your concern for this not being tried in the media. I'm very sorry for any hurtful words that may have been said here by any other poster, you know this case better than any of us.