Judge: Confidential affidavits authored by Greg Kelley's former attorney remain sealed for now

WILLIAMSON COUNTY, TEXAS - A judge made no decision Tuesday about whether or not to make public a confidential affidavit from Greg Kelley's defense attorney about her strategy in a 2014 trial that led to his conviction.

The judge gave no timeline for when she may rule. Judge Donna King did make public what is considered to be a less significant affidavit about whether or not Patricia Cummings, Kelley's former attorney, had a conflict of interest in the case.

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Cummings -- who represented Kelley in his 2014 trial on child sexual assault charges – said the affidavits will help explain why she chose to defend Kelley the way she did. Cummings has faced criticism recently for not presenting evidence against another suspect in the case, Johnathan McCarty. McCarty is Kelley's friend.

Judge Donna King said at a hearing Tuesday in Williamson County she feels it is necessary to clear the record on events that have transpired. 

EDITOR'S NOTE: A previous version of this story said the judge ruled to release confidential affidavits written by Greg Kelley's former lawyer. This story has been updated to reflect that the decision has not been made yet.

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