Greg Kelley released from Williamson County Jail

*UPDATE 8/22* Greg Kelley has been released on bond from the Williamson County Jail. We'll have more on the story coming up on FOX 7 News at 5.


Convicted child sex offender Greg Kelley will have to stay in jail for at least another few days.

District Court Judge Donna King, who heard Kelley’s writ hearing, has extended a deadline for the State and the defense to present her with findings of fact.

That deadline has been pushed back because of other motions filed by Kelley’s former attorney Patricia Cummings.

Until all the paperwork is turned in, King will not make a decision whether to release Kelley on bond.

It has been two weeks since a writ of habeas corpus hearing where attorney Keith Hampton hoped to prove Kelley was not investigated fairly. Still new evidence is being released from Texas Ranger Cody Mitchell who is investigating the reopened case.

“It is unusual in that usually an ongoing investigation is completed before we file charges,” said Williamson County District Attorney Shawn Dick. 

During the hearing, Mitchell said alternate suspect Johnathan McCarty had photos of naked children on his phone and McCarty’s friends even told Mitchell that McCarty had admitted to performing lewd acts with a child at his parent's in-home daycare. That’s the crime Kelley was convicted of.

“And we found no such thing on Greg's phone,” Dick said. 

Dick said he had one reason for asking Mitchell to reinvestigate Kelley’s case.

“My goal in this has always been to find the truth,” said Dick. 

But even three days of testimony hasn't convinced Dick one way or another about Kelley’s innocence.

“Throughout the course of the investigation, I kept waiting for a moment that I could either say yes or no and that moment has just never come,” Dick said. 

One thing Dick did say for sure is that “there was a system failure that should lead, at a minimum, to a retrial.”

Dick said if he had been the district attorney three years ago, he wouldn't have prosecuted Kelley.

“It’s hard to say someone should be convicted when there are three viable suspects,” Dick said.

Search warrants released Thursday explain why Kelley is still a suspect.
               
“You have a lot of people who look like they could have done something and so, the one thing that is hard to account for is the fact that the child used the name Greg and that he's never wavered from that,” said Dick. 

A warrant for Kelley’s phone states he visited a website for adults looking to meet sexual partners. It also says the 22-year-old frequented porn websites.

“The fact that he visited some porn site doesn't have any connection to this case, because I'm pretty sure looking at pictures of naked women doesn't make you a child molester,” said Kelley’s attorney Keith Hampton. 
               
Hampton said nothing in the warrants should affect Judge King's decision.

“Would a reasonable jury convict Greg Kelley in light of this other evidence? I think the answer to that is no, they would not,” said Hampton. 

Hampton and Dick are working together to see if they can agree on at least one proposal the judge might adopt.

Hampton is still hopeful the judge will release Kelley on bond.
               
The court of criminal appeals can then either ask for a new trial, exonerate him or let the previous conviction stand.

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