TEXAS
KXAN
By Patrick Tolbert
AUSTIN (KXAN) – The Williamson County teen convicted of super aggravated sexual assault of a child will not be granted a new trial. A judge denied Kelley’s motion that asked for a new trial Tuesday.
Judge Larry Gist of Beaumont, who was appointed by Texas Supreme Court Justice Nathan Hecht, issued the ruling and canceled a Sept. 29 hearing that was scheduled on the matter.
Gist writes that Kelley’s attorney’s motion for a new trial “does not show actual innocence of the defendant but only alleges facts that might show innocence. Again, there is now showing why such evidence was not produced at trial.”
Kelley was convicted of sexually assaulting a child at an in-home day care where he was living and was subsequently sentenced to 25 years in prison.
An outpouring of support that one police chief called “cult like” followed his sentencing. Several rallies were held outside the Williamson County jail where he was being held until he was transferred to the Texas Department of Criminal Justice.
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