WILLIAMSON COUNTY, Texas (KXAN) — Paperwork delays will prevent the exoneration hearing from taking place Thursday for Greg Kelley, according to his attorney.
Two weeks ago, we spoke to Kelley by Skype after the Texas Court of Criminal Appeals overturned his conviction for child sexual assault.
Kelley spent three years in prison before significant problems with the case set him free, a lower court judge declaring him innocent.
Kelley was scheduled to appear in District Court Thursday in Williamson County but at present, the case is still under the jurisdiction of the state’s Court of Criminal Appeals. In order for a hearing to happen, the court must send the case back to District Court.
Wednesday, KXAN spoke with Kelley’s attorney, Keith Hampton, who said there is usually a delay because the parties may disagree or want to have a rehearing. However, that’s not the case. Kelley’s attorney said it seems everyone is in agreement.
The Director of the Actual Innocence Clinic at the University of Texas at Austin’s School of Law, Charles Press said an exoneration hearing is important because it’s the difference between just being free and getting money for the time wrongly spent behind bars.
“Once that somebody is exonerated and actually found innocent by the court, an order would normally follow that says we found them actually innocent and that is the order that is required for anyone to seek compensation from the state for being wrongfully convicted,” he said.
Kelley’s attorney said they are working to speed up the process but that is ultimately up to a judge to decide.