GEORGETOWN, TEXAS - The defense lawyer for Greg Kelley -- the man who is currently serving a 25-year prison sentence for the sexual assault of a then-4-year-old boy -- is pushing back against claims of poor representation.
In new court documents filed Tuesday, Patricia Cummings is asking a judge to let her tell her story in public, according to KVUE's and the Austin American-Statesman's Tony Plohetski.
Cummings said in a new court motion that her hands are tied from defending herself against claims of shoddy work. She's still bound by attorney-client privilege, she said, even though Kelley's current lawyer is claiming she failed to chase clues that someone else may have sexually assaulted a young boy. Kelley, who is now 22, was convicted in 2014 of sexually assaulting a 4-year-old boy in a case that led to an outpouring of support from many in the community who believed he was wrongly accused. In 2017, court documents revealed Kelley's friend, Johnathan McCarty, as an alternative suspect.
On Friday, a three-day hearing wrapped up to determine whether Kelley assaulted the child. He was not released on bond that day as the judge awaits findings of fact and conclusions of law.
At that hearing, Kelley's defense was cited as a reason that he should -- at a minimum -- have his conviction overturned and be given a new trial.
Attorney Cummings said that at the hearing, she was not able to address why she chose not to present evidence involving McCarty. Kelley's supporters said they tried to have Cummings focus on McCarty and that she refused to do so. She also said she was unable to respond to claims that she had a conflict of interest because she had represented members of the McCarty family years ago.
Additionally, she reiterated in her motion that she chose to defend Kelley by saying the child was never abused because that was the best evidence she had at the time.
Now she's asking Judge Donna King to release affidavits she has written defending herself.
Kelley remains in the Williamson County Jail Tuesday. His current attorney and Williamson County District Attorney Shawn Dick are still working through whether and when to ask Judge King to have him released on bond.
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