Thursday, November 21, 2019

Greg kelley; Texas; He was supposed to be exonerated today. All sides agree. (See backgrounder below). This didn't happen. KXAN, reporter Candy Rodriguez, explains why. (Watch the video: It's a juridictional problem: one piece of paper apparently held up the proceeding. Exoneration can never come too soon. HL).

STORY:"Why Greg Kelley wont be exonerated today," by reporter Candy Rodriguez, published by KXAN on  November 21, 2019.

BACKGROUND: From previous post of this Blog.  (November 7): "Greg Kelley: Long Overdue Welcome Development: His lawyers alleged shoddy investigation, including tunnel vision, intimidation of a witness, failure to consider other suspects - and failure to take photographs...His conviction and 25 year prison sentence meted on a fine young athlete with a promising life ahead of him - has been overturned by the Texas Court of Appeals, The Hill Country News (Reporter Josh Moniz) reports..."The court ruled that no "reasonable juror" would have convicted him. The court said in its opinion that the criminal justice system failed Kelley because it "convicted an innocent man, citing the "evidence was weak to begin with consisting of seemingly coached, largely uncorroborated testimony of a very young child." The ruling further stated new evidence gathered since Kelley's conviction that looks into whether someone else committed the crime “produced significant evidence eroding the persuasiveness of the state’s case.”


GIST:  "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."

The entire story can be read at:

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: Please send any comments or information on other cases and issues of interest to the readers of this blog to:  Harold Levy: Publisher: The Charles Smith Blog;