WILLIAMSON COUNTY, TEXAS - Johnathan McCarty, the alternative suspect in a child sexual assault case that led to the conviction of Greg Kelley, is accused of drugging and sexually assaulting four women, KVUE's and Austin American-Statesman's Tony Plohetski has confirmed Friday.
Court documents obtained by Plohetski show the latest turn in the investigation. Details about when the sexual assaults allegedly happened, the circumstances they allegedly happened under and his relationship with the accusers remain unknown. Williamson County District Attorney Shawn Dick has confirmed that the Texas Rangers are actively investigating these new allegations.
This comes as the Texas Rangers have already had their sights on McCarty. They are investigating whether McCarty may have sexually assaulted a 4-year-old boy at the in-home daycare his mother operated. Kelley was McCarty's best friend who was staying at the home at the time of the alleged assault. A Williamson County jury convicted Kelley of super aggravated sexual assault in connection to the case in August of 2014. A hearing to possibly get the conviction overturned is set to happen the first week of August.
McCarty emerged as an alternative suspect this spring when Kelley's defense team suggested that the child may have mistaken Kelley for McCarty. New evidence also emerged, including nude photographs of children on McCarty's cell phone and confessions McCarty reportedly made to at least two people, according to court records.
McCarty's lawyers are speaking to Plohetski for the first time in the nearly two months since prosecutors confirmed they are looking into whether McCarty carried out the crime.
McCarty's attorneys told Plohetski that their client -- who is currently at the Williamson County Jail on drug charges -- is being used as a scapegoat to help prove Kelley's innocence. McCarty's attorney, Kellie Bailey, said her client is innocent.
"We will not stand idle and give justice to one but injustice to another," Bailey said.
His lawyers have given several reasons why they said their client did not sexually assault the boy.
They claim McCarty could have assaulted the boy because he described certain physical characteristics the perpetrator had that McCarty does not. They said that based on the measurements of the bed where the boy said the assault happened, McCarty -- based on his height -- would have been physically unable to carry out the assault the way the 4-year-old described.
They also said that McCarty did not own the pair of pajama pants the boy said the perpetrator wore. Kelley's lawyers insist he did own that pair of pants, however.
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