GEORGETOWN, Texas (KXAN) — The new attorney for Greg Kelley, the Leander man found guilty of super aggravated sexual assault of a child, has filed the necessary paperwork to request a new trial.
Attorney Keith Hampton filed the motion arguing the state did not conduct a competent investigation and that one of the jurors was not convinced beyond a reasonable doubt.
“This case is a perfect blueprint for mishandling child accusations and producing wrongful convictions of innocent people,” Hampton writes in the motion, ” Only this court can set things right by ordering a new trial.”
The document goes on to say the child’s accusations were not thoroughly investigated to establish whether or not they are reliable. And, whether or not Greg Kelley was a likely suspect.
The motion calls the investigation into question saying the system got it wrong in the case of Michael Morton. Morton was wrongfully convicted in Williamson County for his wife’s murder and spent 25 years in prison before DNA tests freed him.
“Can we tolerate another Michael Morton?” Kelley’s attorney asks.
Williamson County District Attorney Jana Duty disputed the Morton argument in a news conference Wednesday.
I”‘m very familiar with the Michael Morton case, as it was a big part of my campaign. I cannot help but find irony in the fact that that one of the key pieces of evidence – other than the bandana – that freed Michael Morton was the testimony of his 3-and-a-half-year-old son,” Duty said.
“All of the testimony of that 3 1/2 year old boy was credible and helped free his father. So now, the irony to say that these two four-year-old little boys shouldn’t be trusted because they’re four is absurd. We tell our children to tell us when something’s happening to them. They did. And now we say – well, we can’t trust that,” she continued.
Juror pressured into verdict
Additionally, One of the 12 jurors who heard the prosecution’s case, and who wasn’t identified in the documents given to KXAN, testifies that he or she “said ‘guilty’ when polled against my better judgement.” The juror goes on to say the judge told the jury that they would be sequestered and would not be sent home until there was a guilty verdict or another unanimous verdict.
“I was the hold-out,” the juror said, “The rest of the jury was livid at me. There was no way we were going to get these people to vote not guilty. We were in there for 12 hours because I tried.”
A judge will now determine whether or not a new trial will be held.
Kelley was found guilty and sentenced to 25 years behind bars as part of a deal he struck with prosecutors to avoid a potential life sentence. Since his conviction and subsequent sentencing, Kelley’s supporters have held frequent protests and rallies supporting the former Leander football star’s case.
“All the focus is on Mr. Kelley and the victims are getting lost in all this,” Duty said.
‘The Fight for GK movement has taken a cult-like appearance’
A letter written to the officers in the Cedar Park Police department, Police Chief Sean Mannix explains the ins-and-outs of the investigation as a result of the protests driven by the “Fight for GK” protests.
“The Fight for GK movement has taken on a cult-like appearance, as it is mostly high school kids that have only been exposed to the news reports and what fellow supporters have told them, with no interest in seeking the truth,” Chief Mannix wrote.