New affidavits reveal that a child who knew both Greg Kelley and Johnathan McCarty had trouble telling them apart and that McCarty told a second person that it was he who abused the boy, according to KVUE's and the Austin American-Statesman's Tony Plohetski.

According to a woman whose child was staying at the daycare operated by McCarty's mother, her son saw news coverage when Kelley was initially arrested and charged with the crime. She said the boy was confused about who he was seeing on the news.


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Kelley's defense and others have suggested that it's possible that the 4-year-old at the center of the case may have mistakenly identified his abuser based on the similarities between Kelley and McCarty.

The new affidavit states that in August 2016, McCarty was smoking marijuana with someone when he said, "It was me, not Greg. I did that to the little boy."

McCarty is currently in Williamson County Jail with a bail set at $450,000 for probation violation on drug charges.

The attorney for Kelley obtained the affidavits as he is attempting to get Kelley's conviction overturned in the case. Kelley is currently serving a 25-year sentence for his conviction.

On Tuesday, Kelley was taken from the state prison in Huntsville to the Williamson County Jail. Watch his return here.

Go here for KVUE's full coverage of the new developments in the Kelley case.