GEORGETOWN, Texas (KXAN) — Attorneys made opening statements Tuesday in the sexual assault trial of a Leander teenager, but the entire trial could hinge on the testimony of two 5-year-old boys.
Gregory Kelley is charged with four counts of sexual assault from incidents that allegedly occurred at Cedar Park in-home day care where he lived during his senior year in high school.
“Something happened at this house and Greg is the name being associated with this event. This is a child’s first sexual encounter,” prosecutor Sunday Austin told the jury.
In June 2012, Kelley moved into the home where his friend’s parents ran the daycare center. However, the first accusation did not surface until August 2013, a month after Kelley had moved out.
According to Austin’s opening statement, the victim who was 4-years-old at the time, made comments to their parents that Greg had him perform oral sex while at daycare home.
A second allegation from another 4-year-old surfaced after the initial investigation began. That child told their parents Greg had him put lotion on Kelley’s genitals according to prosecutors.
Kelley’s defense team will try to show the accusations were produced by adults who used twisted words and leading questions during the investigation to yield a result they wanted.
“False accusations are created by adults and carried by children,” said defense attorney Patricia Cummings.
Most of the courtroom audience was there in support of Kelley who was a star athlete at Leander High School. Many wore ribbons while the #PrayForGK hashtag was used on social media sites.
One of the alleged victim’s mother testified Kelley would act “awkward” and “standoffish” on the rare occasion she would see him at the daycare, but she did not think much of it.
“I did not know him and I thought that is just how he was,” said the mother.
She said she was home with her son and he was using the restroom when he made a comment about Kelley’s genitals. When the mother inquired further about the comment, she said her son told her about performing oral sex on Kelley two different times.
“I was very emotional. You do not expect your 4-year-old to say something like that to you.”
The mother testified that she wrote down exactly what her son said on a piece of paper that day to preserve the statement. She said she waited and tried to get all the facts about what her son’s outcry before notifying the daycare center.
A videotaped interview between a child advocate and the first alleged victim was shown to the jury. In the video, the child says that Greg would punch him and repeats the same accusations his mother testified to on the stand.