The attorney for Johnathan McCarty, one of the alternative suspects in the child sexual assault case that led to Greg Kelley's conviction, spoke to KVUE Thursday about why she believes her client is innocent.
KVUE and the Austin American-Statesman's Tony Plohetski spoke to McCarty's attorney Kellie Bailey on the same day that a Texas Ranger made a surprising revelation in court that there are now three suspects in the case.
McCarty is currently in the Williamson County Jail on a probation violation for drug charges and with his bond set at $450,000. He has not been charged with anything connected to the Kelley case but has been named an alternative suspect.
Prosecutors confirmed McCarty as a suspect months ago when they reopened the case.
Bailey said Thursday that McCarty is being kept in a special jail cell -- alone -- for 23 hours each day.
On the second day of a hearing where Kelley is trying to have his conviction overturned, McCarty's lawyer said her client is being used as a scapegoat by Kelley's attorney Keith Hampton.
"He's devastated. He still supports Greg. Mr. and Mrs. McCarty still support Greg. They believe he is innocent and they believe in him. He is suffering. He has not been able to live his life. He is being attacked. His family is being attacked. And he is being accused of all of these horrible things," Bailey said.
Bailey says McCarty was not at home when the crime is believed to have happened. She also says he would have been physically unable to carry out the crime in the way the child described.
The Texas Ranger who testified Thursday, Cody Mitchell, says he could not rule out Greg Kelley as one of the suspects.
He also would not name the third person because, in his words, the investigation into who assaulted this child now going on four years ago is very active.