Lawyer for alternate Greg Kelley case suspect says he’s a ‘scapegoat’

A lawyer for Johnathan McCarty, identified as a focus of a reopened investigation into sexual assault charges against Greg Kelley, says her client is "actually innocent." (File photo/Williamson County Sheriff's Office)
Johnathan McCarty (File photo/Williamson County Sheriff's Office)

GEORGETOWN, Texas (KXAN) — After investigators revealed Thursday there are now three suspects in the reopened child sexual assault case against Greg Kelley, the lawyer for one of them said her client didn’t do anything wrong.

Kellie Bailey represents Johnathan McCarty, 20, the focus of investigators’ renewed efforts in the case. Bailey says her client is “actually innocent” and believes her client is being used as a “convenient scapegoat.”

“Even though they’re talking about getting to the truth, it’s nowhere near the truth,” continued Bailey, who has been sitting in on the hearing.

While her client’s name has been brought up numerous times, McCarty has not been charged in connection with the case, but he is currently in the Williamson County Jail on an unrelated charge. “We understand that there’s just not enough evidence to charge Johnathan, because he’s actually innocent,” said Bailey.

It comes after the second day of a hearing to determine whether Kelley, convicted in 2014 of sexually assaulting a 4-year-old at an in-home day care, will get a new trial.

“The truth is going to come out,” Gaebri Anderson, Kelley’s longtime girlfriend, said after the hearing. Years after he was sentenced to 25 years in prison, she hasn’t given up hope he’ll go free.

“To hear that Johnathan’s been brought in and they’re going to do an investigation, they’ve been doing an investigation, it’s actually happening and they’re getting it right,” she said, “I’m 100 percent okay with that.”

In-Depth Coverage: The Greg Kelley Case

She means McCarty, whose mother ran the in-home daycare where the child said the assault happened.

Texas Ranger Cody Mitchell, who testified Thursday, said it would have been easy for a child to confuse the two similar-looking teenagers.

“Before I took this case, I didn’t know anybody,” Mitchell said of the two. “I had to write on the back of them which one was which because I kept getting them confused.”

Witnesses said in court Kelley’s trial attorney, Patricia Cummings, decided not to pursue McCarty as an alternate suspect, even though Mitchell said he confessed to the crime to two different people.

“It hurts that she didn’t go that way or take that route,” Anderson said. “I think that was a huge mistake.”

Cummings said on the witness stand she had represented members of the McCarty family in the past and had a “friendly” relationship with  McCarty’s mother.

There are now three suspects, Mitchell told the court. The man convicted of the crime is still among them.

It may take several weeks for the judge to rule on whether or not Kelley will get a new trial. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Users who violate these terms, including use of vulgar language or racial slurs, will be banned. If you see an inappropriate comment, please flag it for our moderators to review.

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