Vintage law book legal brief 1928.. BUTCHER BOY murder APPEAL - Supreme Court CA

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..... … ……. Antique vintage, all original ………. SUPER scarce …….. super interesting ……….. famous REAL TRUE CRIME document / paper / brief / book ……….. from the FAMOUS MURDER TRIAL in California, USA ……….. in 1928 ………. ‘The Butcher Boy’ murder ……… in which the tawdry details of excessive booze, sex, and the wild partying of married socialite Myrtle Mellus and her lover were exposed during her murder trial …… she, the victim ….. a trial which captivated the city then, and even still …...
.... …… this document is the actual, REAL legal ‘court’ document … the APPELLANT’S REPLY BRIEF … which explores the same tawdry details mentioned above ……. AND includes the most startling and titillating evidence …….. the ‘LOVE BITES’ … all over her nude body ……..
.... …The Appellant’s Reply Brief is the final brief of the APPEAL process ………. this one for Supreme Court Case #3195 in the State of California …. this was published and compiled and written by Kelley’s lawyers: Hahn, Heyfron, and Shontz …. It is an original OFFICE file copy, one of just a handful ………….. undated …….. but from 1928, the trial date … ……… the accused Leo P. Kelley had been sentenced to hang – this is his APPEAL ………
.... ….. NOTE – ……. this / his appeal was ultimately successful …………...
.... ………….. stapled brief measures 10 x 7 inches ……….. complete, clean, tight, flat ………….. shows light / moderate cover wear …….. heavy OUTER spine wear, rusty staples ………… BUT it is all intact, nothing loose ……… clean, complete ……………..
.... …………… this case was NOTEWORTHY because of it’s titillating details ………… an affair with a married socialite …… a long, torrid affair with lots of alcohol involved ………… and most intriguing of all – THE BITE MARKS on her body ……
.... …. the fact she was nude and beaten, is one thing ……. these bite marks are another …….. SO SENSITIVE were these details ……. a 2006 Los Angeles Times article on the murder DIDN’T MENTION the bites ………. but these so-called – ‘LOVE BITES’ – all over her body – were perhaps the darkest element of this trial … the Prosecutor called the defendant ‘a Sadist’ ……… during the trial, a woman juror FAINTED .. her sensibilities so disturbed …..
.... ………. This brief is 57 pages ……… covers the key evidence from the trial ………… and offers counter reasoning …… like Leo maybe punched her in the face, but he didn’t kill her … she had fainting spells from drinking, she hit her head …… the ‘bite marks’ were just part of their sex play …… pretty wild stuff for 1920s ……….
.... ………..FURTHERMORE……… I noticed in my research that Leo Kelley’s MOTHER was charged for murder in this same case …….. no more info on that ………. but you can see his mom’s photo online, and Leo’s ……….. lots of unknown, intriguing details …….
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.... (from the Los Angeles Times, 2006) ……………... The murder victim, Myrtle Mellus, 42, had been carrying on a five-year love affair with Leo “Pat” Kelley, 29, a local butcher more than a decade her junior. Her well-to-do husband, Frank, a grand-nephew of the former mayor, apparently knew nothing about the relationship.
.... The so-called “Butcher Boy” murder case made headlines. Kelley was convicted of the killing and sentenced to hang. His appeal to the state Supreme Court resulted in the verdict’s reduction to manslaughter from first-degree murder. The case set a precedent for altering a conviction without a new trial.
.... Frank and Myrtle Mellus had been married 22 years. He was 47, a tent and awning manufacturer and a sportsman who loved fishing and duck hunting. She was a bored socialite. Parties, shopping sprees and drinking binges became her pastimes. ……
.... On Aug. 5, 1928 ….. Frank Mellus had left their house about 6 a.m. to go fishing. Kelley showed up at the Mellus home around 8:30 a.m. He and Myrtle embraced and kissed, according to trial testimony by the maid, Maggie Eugene Ferris.
.... The lovers drank during breakfast and after, and were still drinking when Ferris finished work later in the morning. Kelley was a regular visitor whenever Frank Mellus was not home, the maid testified.
.... Kelley himself told police that they drank a quart of whiskey and had started another when he and Myrtle Mellus quarreled about her not inviting him to a certain party. “I roughed her up a bit, but I didn’t beat her to death,” he told police.
.... They both fell asleep, Kelley testified. He awoke when he heard Frank Mellus come home and he hid downstairs in a closet.
.... Frank Mellus found his wife’s nude and mutilated body on her bed and called police. They found Kelley in the closet, passed out, still drunk and covered in blood. According to court testimony, Mellus grabbed a chair and rushed toward Kelley, saying: “I’ll kill the dirty dog!” But police drew their guns and protected Kelley.
.... Police took Kelley upstairs to the body. “Well, if she’s dead,” he said, “someone else must have done it; I didn’t.” The blood on him was from a split lip he gave her when they quarreled, he said.
.... The trial mesmerized reporters and readers with gory, titillating events. It also shocked high-society Hancock Park.
.... Prosecutors said Kelley beat Myrtle, then hauled her body upstairs to the master bedroom. He said she walked there herself with his help.
.... Deputy Dist. Atty. James Patrick Costello painted Kelley as a “pitiless murderer urged on by unnatural impulses that led him to mutilate and disfigure his victim ... a loathsome thing, a man who had no morals or compunction about breaking up another man’s home.”
.... Kelley said he loved Myrtle madly. He directed police to a secret compartment in her dresser where she kept his love letters, addressed to “Myrt” from “Daddy.”
.... Witnesses testified that a drunken Myrtle sometimes had “fainting spells” and could have fallen and hit the back of her head and died from that trauma. She had what the L.A. County coroner called a “slow fracture” and was probably unconscious hours before she died.
.... A jury of five men and seven women took an hour to convict Kelley of first-degree murder. “Must do something to stop this kind of crime,” one of the jurors had written on a ballot.
.... Kelley was sentenced to death. But the state Supreme Court reduced the conviction to manslaughter because there was no proof of premeditation.
.... Re-sentenced to one to 10 years in prison, he was released in 1933. He died in Los Angeles in 1965.…..
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