Judge Donna King will ask for more time before she must give the state's highest criminal court her recommendations about whether to overturn Greg Kelley's child sexual assault conviction.
Kelley was convicted in 2014 of sexually assaulting a 4-year-old boy. Three years later, Williamson County authorities and the Texas Rangers have reopened his case and have identified a new suspect.
King has been facing a deadline of Monday to make her decision, but Williamson County District Attorney Shawn Dick said the complexity of the decision -- and the need to get it right -- is going to require more time, KVUE and the Austin American-Statesman's Tony Plohetski confirmed.
Dick said one issue stalling the decision is that he and others working on the case have also had to now consider whether King will release affidavits from Kelley's defense attorney. This has been a recent point of tension in the case.
Attorney Patricia Cummings has been under fire for her handling of the case and a decision about those affidavits is requiring extensive legal research, Dick said.
King has several options about what she can recommend to the state's highest criminal court. She can rule that Kelley's conviction should be overturned, that he should receive a new trial or that he should be declared innocent.
Regardless of her recommendation, the final decision is up to the Court of Criminal Appeals. Once they have her recommendation, those nine judges will likely take months to rule.
It will likely be well into next year before any final outcome is reached in the case.
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