GEORGETOWN, Texas – An attorney for Greg Kelley confirms Dec. 18 that a state district judge in Williamson County recommends that Kelley's conviction be overturned.
Attorney Keith Hampton told KVUE's and the Austin American-Statesman's Tony Plohetski that the judge has ruled that he meets the standard for "actual innocence," which means that no reasonable juror would convict Kelley.
Kelley was convicted in 2014 of sexually assaulting a 4-year-old boy at a Cedar Park day care. His conviction has been in question since earlier this year after prosecutors said a different suspect had been identified. Kelley has remained out of prison on bond since the summer as King has considered his case.
"It's clear that no reasonable juror could find Greg Kelley guilty today," said Williamson County District Attorney Shawn Dick at a press conference later in the day Monday.
Hampton told Plohetski that Monday's ruling puts Kelley "one step closer to exoneration."
State District Judge Donna King had a deadline of Dec. 18 to issue her findings to the Texas Court of Criminal Appeals, the state’s highest criminal court.
Williamson County District Attorney Shawn Dick told the press later in the day that Judge King has been "an amazing judge" -- "very intelligent, thoughtful, meticulous."
"She has taken these documents home, she's reviewed hours of depositions," Dick said.
The appeals court will have the final say in the case – a process that could take several months.
As far as whether there will be justice in the child sex assault claims, the district attorney is not hopeful.
"It seems unlikely that we will have a definite primary suspect," Dick said. "It's very frustrating. You don't become a prosecutor to let crime go unsolved."
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