Pair seek $2 million for false accusation

By Randy Ellis Published: July 13, 2007
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A former Fort Gibson day care owner who contends his reputation was ruined by improper handling of a 2005 sexual abuse allegation has filed two $1 million legal claims — one against the Oklahoma Department of Human Services and the other against the Muskogee County sheriff's office.

The claims were filed by Kelly Pierce and his wife, Leigh Ann Pierce, who owned and operated Little Tykes Day Care Center in Fort Gibson. DHS received a copy of the complaint Thursday.

Kelly Pierce, who also is a former part-time Fort Gibson police officer, claims he was charged with child abuse because of baseless allegations from a 3-year-old girl.

A Muskogee County judge ultimately dismissed the charges against Kelly Pierce, ruling "there (was) insufficient evidence for (the) case to proceed” and "the testimony provided ... (was) without sufficient indicia of reliability and (was) untrustworthy.”

Claim against county
Kelly Pierce claims Tim Brown, chief investigator for the Muskogee County sheriff, recommended filing charges without visiting the location of the alleged abuse, without interviewing all potential witnesses and without contacting other identified suspects.

Robert J. Haupt, Pierce's attorney, said if Brown had conducted a proper investigation, he would have discovered:

•The girl said she was molested in a room that was a particular color, but there was no room that color at the day care.

•The girl said she was molested in church, but Pierce didn't attend her church.

•The girl said she was molested in a bathtub, but the day care didn't have a bathtub.

Brown failed to "make any attempts to corroborate or otherwise investigate the sexual abuse allegations, yet, despite this, Brown contacted the parents of the children attending Little Tykes Day Care and told them that Mr.


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