Preserving, Protecting, and Defending the Law
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by Ann Marie Kennon
indings of actual innocence are rare in the justice system. In cases of child sexual abuse, a finding of actual innocence without a victim recantation, or DNA evidence is unheard of. But that is exactly what Judge Donna King spent nine months tackling on the Greg Kelley case. Judge King explains, “A judge receives new evidence and weighs it in conjunction with the old. The duty, simply put, is to consider, ‘If the jury knew then what I know now, would they have still convicted?’ In the original trial, unfortunately for Mr. Kelley, the jury did not hear all the information that would have acquitted him, a significant portion of which existed at the time of his original trial.” Even more rare is that because new evidence for Greg’s claim of actual innocence did not fall within the normal grounds for which relief is granted, his case established an entirely new category. There being no DNA or victim recantation in Greg’s case, the resulting legal basis focused on the validity of new circumstantial evidence. The new evidence included old evidence never pursued; a conflict of interest that existed with his original trial attorney, who had represented several members of the family of the owner of the day care center where the assault occurred; and deficiencies in the initial law enforcement investigation. The Judge illustrates; “Let’s say a conviction was based on Facts A, B, and C; but a legal team keeps the case alive and gathers new evidence, as [Greg’s girlfriend] Gaebri was diligent in doing. The legal team then presents a Writ of Habeas Corpus to the trial court, based on A-C, and adds Facts D, E, and F. The totality of all of those facts leads to a new conclusion. “It was my solemn duty, with many boxes covering my floors, to pore over the trial transcripts, exhibits, and videos; and conduct a new inquiry, listening to many, many new witnesses. I came to believe it had been a perfect storm, with all parties blinded to a certain extent by tunnel vision where the suspect was concerned. There were also some who turned a blind eye to the suggestive and persuasive interrogations that resulted in a second charge with another child at the daycare. The prosecutors at Greg’s trial did not appropriately question the second charge, which ultimately strengthened their first case against Mr. Kelley.”
In July, Showtime network aired a five-part documentary series about the trial, conviction, and exoneration of Greg Kelley. Donna King was the Judge upon whom rested the immense, and unusual burden of getting, finally, to the truth.
KELLEY’S IMPACT
After Judge King made her findings, they had to be reviewed and decided upon by the Court of Criminal Appeals before Greg could be exonerated. The Court did
Photo by Donnie Boyd SEPTEMBER 2020 LIBERTY HILL DIGEST
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