AUSTIN (KXAN) – The Williamson County teen convicted of super aggravated sexual assault of a child will not be granted a new trial. A judge denied Kelley’s motion that asked for a new trial Tuesday.
Judge Larry Gist of Beaumont, who was appointed by Texas Supreme Court Justice Nathan Hecht, issued the ruling and canceled a Sept. 29 hearing that was scheduled on the matter.
“It’s good that we can close the chapter on this case, move on, and start addressing the needs of other people who need our help in this community,” said Sunday Austin, assistant district attorney in Williamson County.
Gist writes that Kelley’s attorney’s motion for a new trial “does not show actual innocence of the defendant but only alleges facts that might show innocence. Again, there is no showing why such evidence was not produced at trial.”
Kelley was convicted of sexually assaulting a child at an in-home day care where he was living and was subsequently sentenced to 25 years in prison.
“We have to find a every way to definitely not give up the fight,” Kelley said in an interview with KXAN before the motion for a new trial was denied. “Definitely not going to quit anytime soon so we’re going to do what’s right and like I said, I’m hoping for the best.”
An outpouring of support that one police chief called “cult like” followed his sentencing. Several rallies were held outside the Williamson County jail where he was being held until he was transferred to the Texas Department of Criminal Justice.
“We’re hoping that the facts will shed light and it will eventually get me out of here,” Kelley said. “I don’t believe I did anything wrong. I don’t know why (I was convicted). That’s been the number one question…what did happen?”
Kelley’s lawyer, Keith Hampton, said a new amended motion will still seek to get evidence before the judge. Hampton filed a second amended motion for a new trial and request for hearing to prove innocence. The motion also says nine witnesses will show Kelley wasn’t at the home when any abuse took place.
“You know, there’s something wrong with our system in 2014 in the United States if someone can say, ‘Hey, I’ve got proof that someone’s been wrongly convicted,’ and a judge says, ‘Sorry, I can’t issue you a new trial,'” a family spokesperson said.
Hampton says prosecutors have two days to respond to his new motion.