NO. 13-1367-K26A. EX PARTE § IN THE DISTRICT COURT ; 26" JUDICIAL DISTRICT GREGORY RAYMOND KELLEY : WILLIAMSON COUNTY, TEXAS AFFIDAVIT OF JAMES MCDERMOTT ‘THE STATE OF TEXAS 5 COUNTY OF WILLIAMSON ; “My name is James MeDermott and | am over eighteen years of age and competent to make this affidavit. “Attached hereto are true and correct copies of the following: “1. A Waiver of Atomey-Client Privilege signed by Greg Kelley and provided to me by Shawn Dick. An email that I wrote to Keith Hampton on July 24, 2017 and that I forwarded to Shawn Dick and Lindsey Roberts on August 1, 2017.” SC\ Ma Affiant SWORN TO AND SUBSCRIBED before me on the DAstaay of. Llugunt 2017. notary Pubic, S0Fe OF 1e.0s Commission Expos ‘October 01, 2019 ry Public in and for the State of Texas FILED at o'clock AUG 2.3 2017 District dea ‘Williamson Co., T%. AFFIDAVIT OF JAMES MCDERMOTT ~ Page 1NO. 13-1367-K26-A EX PARTE § IN THE COURT OF § CRIMINAL APPEALS § GREGORY RAYMOND KELLEY, § AND THE - § 26TH DISTRICT COURT OF APPLICANT § WILLIAMSON COUNTY, TEXAS Waiver of Attorney-Client Privilege I. Gregory Raymond Kelley. hereby waive my attor: MeDermott so that he may communicate about featuring an alternative suspect was not pursued. he Mh. Executed this day. August 1. 2017 i privilege of attorney James representation, specifically. why a defense" Forwarded message -———---—~ From: James McDermott Date: Tue, Aug 1, 2017 at 12:24 PM Subject: Fwd: Greg Kelley To: shawn.dick@wilco.org, Lindsey Roberts James Gerard McDermott, II Thompson Salinas & McDermott, LLP 8140 N. Mopac, Westpark 4, Suite 250 Austin TX 78759 512.201.4083 512.208.1129 (fax) ames@centraltexaslawyers.coy - Forwarded mes: From: James McDermott Date: Mon, Jul 24, 2017 at 10:05 AMKeith, ‘You have asked: Did you ever consider Johnathan McCarty to be a suspect? If so, why? am going to rephrase your questions: Did I ever consider the theory that Johnathan could have committed the offenses instead of Greg, and why or why not? the physical resemblance between him and Greg, and the fact that the allegations arose from events at his home. Patricia and I talked about that quite a bit. Inthe short time I worked on the case, I did not find that theory to be the most fruitful for a combination of reasons. reviewed all paper discovery, I reviewed the recorded interviews fA twice, Isat with Greg in multiple meeting, and I interviewed Greg alone once. [MBB was able to distinguish between Greg and Johnathan clearly. He knew the differences between them. His telling had concrete details but had indications of coaching and could be attacked as having the details fed by an adult. HH had no concrete details and elements of his interview were verifiably untrue. Greg's individual interview with me caused concerns on my part about whether he was telling me the truth. 1 discussed sexual history, social history, and family history with him. At best, he was evasive. Often, | felt like he was just telling me what he thought I wanted to hear. My relationship with him led me to believe that a strategy of attacking the allegations themselves as false would have a higher chance of success than relying ‘on Greg to offer an alternative to the jury that the allegations were true but committed by Johnathan instead of Greg with no evidence to substantiate the attack on Johnathan. Thope this answers your questions. James Gerard McDermott, II ‘Thompson