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A visiting judge ruled Tuesday that a defense expert does not have to return any of the $102,000 paid to him through the county for his services in the capital murder trial of Rickey Cummings.

Michael O’Kelly, known as “Cell Tower Mike,” was ordered by 19th State District Court Judge Ralph Strother to attend a show-cause hearing to justify why he should not reimburse all or part of the $102,994 that O’Kelly was paid to analyze cellphone and cell tower data in the case.

His findings, if any, never were used as evidence in trial and O’Kelly never was called to testify.

The expenses were approved by Strother, who later recused himself from the hearing.

In his ruling, visiting retired Judge Rick Morris, of Bell County, noted that the expenses paid to O’Kelly already had been approved by Strother.

Morris also acknowledged concerns that requiring O’Kelly to testify and explain the expenses potentially could violate attorney-client privilege in the Cummings case and jeopardize the appeals process.

Cummings, who was returned to McLennan County from state prison for the proceeding, did not waive attorney-client privilege so O’Kelly could testify in the hearing.