GEORGETOWN, Texas (KXAN) — Day two of the hearing into the claimed innocence of Greg Kelley was delayed two hours as the defense and state met behind closed doors.
Williamson County District Shawn Dick told Judge Donna King he objected to the process regarding witness Patricia Cummings. Cummings was Greg Kelley’s trial lawyer. Cummings said she was under attorney-client privilege so she wouldn’t be able to answer certain questions. Judge King eventually ordered Cummings to answer the state’s questions.
Cummings testified that she knew the McCarty family since the early 2000s since she represented Jonathan McCarty’s older brother. She said she had a “friendly” relationship with the mother.
When asked if anyone else suggested McCarty as an alternative suspect, Cummings said she did recall talking to a few other people about him.
The second witness to take the stand was Tracey Anderson, the mother of Greg Kelley’s girlfriend. She testified that she brought up McCarty as a suspect to Cummings several times, but Cummings said ‘she didn’t want to hear about it.’
“It was just so obvious to us. We couldn’t figure out why no one was taking that avenue,” explained Anderson on the stand.
Anderson was a dance coach at Leander High School, where both Kelley and McCarty went to school. She said McCarty appeared to be ‘very dark.’
After lunch break, A.J. Keirn, the private investigator who worked Cummings, testified. He said after showing Cummings side-by-side football photos of Kelley and McCarty to show their similarities, Cummings told Keirn they weren’t going to investigate McCarty.
One of McCarty’s friends who lived at the McCarty house for about a month, also testified. He said he saw McCarty wear SpongeBob pajama pants around the day care kids. The victim said his attacker wore SpongeBob pajama pants.
A digital forensic examiner testified he found images of naked children under McCarty’s username on the family computer — he said some of the images had been deleted. The state said they do not classify the nude photos found on McCarty’s phone as child pornography. In a phone call from jail between McCarty and a friend, McCarty told his friend the nude photo on his phone was of his nephew, and his sister had sent the picture in a group text.
Texas Ranger Cody Mitchell took the stand to go over the current investigation that the state asked Texas Rangers to open, after allegations against McCarty surfaced.
Mitchell said McCarty was evasive when he asked him about the SpongeBob pajama pants. Mitchell also pointed to holes in the investigation by the Cedar Park Police Department. He said the officers who interviewed the victim, treated the 4-year-old as a suspect, leading the boy and using suggestive language. Kelley was arrested shortly after that interview. Mitchell believes Kelley was denied due process.
“I don’t think it was a fair one,” said Mitchell on the stand. “I would be scared to death to think I could end up in the same position with no evidence whatsoever, and no investigation done, and be convicted of something I may or may not have done.”
Mitchell testified there is a total of three suspects in the current investigation: Greg Kelley, Jonathan McCarty, and he would not identify the third suspect since the investigation is ongoing.
Follow KXAN’s Lauren Kravets for updates from the courtroomTweets by @LaurenKravets
Kelley, the 22-year-old convicted of sexually assaulting a child in 2014, is getting a new look at his case after the Williamson County district attorney decided to reopen it, after receiving “credible evidence” from Kelley’s attorneys.
Kelley’s legal team is trying to show that McCarty, who was living at the in-home day care where the sexual assault took place, is the one who committed the crime and that pictures from his cell phone and comments he made will prove Kelly did not sexually assault the 4-year-old.
Depending on how Thursday’s hearing goes, the proceedings could continue Friday.