A new court filing in the Greg Kelley case Tuesday claims Kelley refused to cooperate with his defense team's investigation into whether his best friend sexually assaulted a child.
The revelation comes after months of contention by Kelley's current legal team that he deserves a new trial partly because his defense attorneys did not pursue evidence against alternate suspect Johnathan McCarty -- which Kelley's supporters have said was a major oversight that could have led to his exoneration.
The filing, obtained Tuesday by KVUE News and the Austin American-Statesman, included portions of an email written by attorney James McDermott, who represented Kelley before his trial.
The email had not been previously disclosed.
“Greg would not participate in any questions about Johnathan, any investigation of Johnathan and defended Johnathan against any theories presented,” McDermott’s email said, according to the filing.
McDermott sent the email to Williamson County District Attorney Shawn Dick before a hearing earlier this month, according to the filing.
It was shared Monday with State District Judge Donna King Monday, the document said, as she tries to decide whether to recommend Kelley's conviction be overturned. It also comes as King is trying to decide whether to release Kelley on bond.
The email was "not evidence before the court," but prosecutors said they were presenting it because of the state's "duty of candor."
The filing said that because of the new revelations, King may "reopen" the hearing so that the new information is fully aired, if she deems McDermott's email credible.
Kelley's current attorney, Keith Hampton, has said attorney Patrica Cummings -- who represented him during trial -- was not effective. That is part of the grounds he is using to have Kelley's conviction overturned.