GEORGETOWN, Texas (KXAN) — After reviewing the defense attorney’s motion for a new trial for Greg Kelley, the prosecution has determined there is no need for a hearing.
In a response issued on Monday afternoon, the state concluded that “the Motion alleges no new evidence, let alone facts, that could support the defendant’s bare claims of innocence.” It goes on to say Kelley shouldn’t get a hearing “because the Motion alleges nothing that can entitle him to relief under the law, regardless of what a hearing might show.”
Kelley’s attorney, Keith Hampton, believes a hearing will help Kelley’s case.
“I can demonstrate Greg Kelley’s innocence at a hearing,” said Hampton. “A hearing is all I’m asking for. Give me a hearing and I will persuade the prosecutors themselves that the system got it wrong in this case.”
Hampton filed the motion last week arguing the state did not conduct a competent investigation and that one of the jurors was not convinced beyond a reasonable doubt.
Kelley was found guilty by a jury on two counts of super aggravated sexual assault of a child on July 15. Kelley waived his right to punishment by a jury and agreed to two 25-year prison terms.
A judge will still need to decide by the end of September if Kelley will get another trial.