Judge rules on man's motion to withdraw guilty plea in child molestation, 'torture' case

Jun. 6—A Hall County judge denied a man's attempt to withdraw his guilty plea in a child molestation and child cruelty case made on the second day of testimony in his trial in 2022, according to court documents.

Scott Shelby, 48, was sentenced to life plus 60 years after making a guilty plea June 22 to aggravated child molestation, child molestation and first-degree child cruelty.

In the opening statements of the trial, Assistant District Attorney Harold Buckler called it a case of "child torture" inflicted on four children.

The indictment stated that Shelby beat the children and forced them to perform sexual acts on one another.

During the second child's testimony, trial counsel Kyle Denslow recommended that Shelby take a guilty plea because he believed the child's testimony was credible.

At his April hearing, Shelby testified that he felt he was being pressured to plead guilty and that he thought the trial was going well for him.

Superior Court Judge Kathlene Gosselin wrote May 22 that the plea hearing transcript showed that Shelby "knowingly and voluntarily entered the plea."

Shelby's appellate attorney also argued ineffective assistance of trial counsel by failing to procure certain records or witnesses.

"However, this court rejects this argument as well, as (Shelby) failed to produce any such records or witnesses during the hearing to show that there 'was a reasonable probability he would have insisted on going to trial but for trial counsel's failure,'" Gosselin wrote.