On the second day of Greg Kelley's sexual assault hearing, a Texas Ranger said there is a third suspect and that Kelley cannot be ruled out.
Texas Ranger Cody Mitchell took the stand Thursday to discuss the investigation and the photographs on Johnathan McCarty's computer that he believes constitute child porn.
Mitchell said the initial investigation of the case was not fair.
BREAKING: Ranger: Investigation in this case was not fair. "I would be scared to death to think that I could end up in the same position."— Tony Plohetski (@tplohetski) August 3, 2017
On the witness stand, Mitchell cited more than one dozen lapses in the Cedar Park police investigation -- things that investigators did not do, but that they should have done.
He said he's rattled by that.
"I would be scared to death that I could end up in the same position with no evidence whatsoever and no investigation done and be convicted of something I may or may not have done," Mitchell said.
Ranger Mitchell said he thinks Kelley's due process was violated. That's one of the grounds for him to possibly be released on bond and have his conviction overturned.
After a nearly two-hour delay, the second day of Kelley's hearing began with news that his former attorney would give limited testimony.
Patricia Cummings was expected to testify during Thursday's hearing about what she heard concerning rumors about the alternative suspect in the case, Johnathan McCarty, on the eve of Kelley’s trial in 2014. Williamson County District Attorney Shawn Dick initially said Cummings would not testify, but she did take the stand around 11:20 a.m. Thursday. KVUE and Austin American-Statesman reporter Tony Plohetski said Cummings would be limited in what she will say, citing attorney client privilege.
Kelley was convicted of sexually assaulting a 4-year-old boy, but the hearing has been months in the making after prosecutors confirmed they were investigating whether someone else may have committed the crime.
During the first day of the hearing, prosecutors and Kelley’s defense team questioned the lead investigator on the case, pressing him about the steps he did and did not take during the investigation, including not trying to identify any other adults in the home at the time.
Day 1 of Greg Kelley hearing: Family members, original detectives testify
Hearing to present alternative suspect in Greg Kelley case unfolds Wednesday
Greg Kelley: What we know about his case so far
McCarty was named as an alternative suspect after two people said he admitted to them that he committed the crime, and police said they found nude photographs of children on his phone. Thursday’s hearing could include portions of an interview McCarty recently gave the Texas Rangers.
The second day of the hearing was set to begin at 9 a.m. at the Williamson County courthouse in Georgetown, but was delayed.
Follow reporter Tony Plohetski on Twitter for live updates from the courtroom: