A man sentenced to life in prison in what the prosecution has called a “child torture” case testified he felt he was pressured to plead guilty despite maintaining his innocence.
Scott Shelby, 48, was sentenced to life in prison after pleading guilty to two counts of aggravated child molestation, four counts of child molestation and four counts of first-degree child cruelty.
Assistant District Attorney Harold Buckler said in his opening statement tin the June trial that the case went past abuse, calling it “child torture.”
He described Shelby as “a man who did everything he could to hurt, to destroy these children.”
The indictment stated that Shelby beat the children and forced them to perform sexual acts on one another.
Shelby pleaded guilty during the second day of evidence in his June trial. He was sentenced by Superior Court Judge Kathlene Gosselin to life in prison plus 60 years, with 21 of those years on probation.
Two weeks after the sentence, Shelby filed a motion to withdraw his guilty plea.
Shelby’s trial attorney, Kyle Denslow, testified at the hearing. Shelby’s new attorney, Jerry C. Carter Jr., argued that Denslow was ineffective as counsel.
Denslow’s trial strategy focused on how the children testified and how it would match up with the evidence and records
“As the first two victims testified, some of these defenses, at least in my opinion, seemed to be getting foreclosed on,” Denslow said.
Denslow felt the trial was already lost, as the children seemed credible to the jury.
With the ongoing trial retraumatizing the children, Denslow said he believed the guilty plea would be the best chance for Shelby to get a sentence that would not mean life in prison.
“I think the way I explained it was basically: If Judge Gosselin, on count one, gives you anything over 30 years, you’ll spend the rest of your life in prison … because you’re simply not going to parole out on this,” Denslow testified.
Shelby has maintained his innocence through the entire case, Denslow said.
Carter focused on a laundry list of records that were not obtained, such as school records, counseling records or child protective services records from another jurisdiction.
Denslow testified about his repeated efforts to obtain some of these records, while other pieces of evidence were referenced in similar documents ready for trial.
Denslow was also afraid about asking for a continuance. Postponing the case might mean the White County authorities could proceed with their own charges against Shelby in short order, leaving Denslow’s counterparts in that circuit with little preparation.
Following Denslow’s testimony, Buckler played a Hall County Jail recorded phone call from Shelby, where he said he was being “railroaded.”
Shelby said on the jail phone call that Denslow called 30 other lawyers for assistance.
On the stand, Shelby went through a list he made of evidence or testimony he wanted to present at trial.
Shelby claimed Denslow told him that some of these items would not help, make Shelby look bad or would be otherwise inadmissible.
When cross-examined by Buckler, Shelby said he thought the trial was going well for him when Denslow discussed the option of taking a plea.
Buckler referenced in his questions how the jurors were crying during the children’s testimony.
The assistant district attorney brought out a copy of Shelby’s plea sheet, which lists out the rights given up in a plea. The form also asks the defendant to affirm they know the potential consequences and that they are making a well-informed decision without threats or promises.
“So which one are we supposed to believe, the you that is sitting here today or the you that was sitting here back then?” Buckler asked.
Shelby claimed he was under “extreme duress” and not in the right state of mind.
After hearing arguments from both sides, Gosselin said she would take the arguments under advisement and issue an order in the coming weeks.