Greg Kelley: One week into the reopened case, what we know so far

Greg Kelley in jail (GTK Foundation Photo)
Greg Kelley in jail (GTK Foundation Photo)

WILLIAMSON COUNTY, Texas (KXAN) — Thursday marks one week since Williamson County District Attorney Shawn Dick reopened the case of the Cedar Park child sex assault.

In 2013, Leander High School senior and football star, Greg Kelley, was accused of sexually assaulting two 4-year-old boys at an in-home day care ran by his friend’s family. Kelley was 18 at the time, was convicted of sexual assault and sentenced to 25 years in prison.

Here’s what we’ve uncovered since new evidence has come forward:

Aug. 12, 2013: Kelley arrested
July 16, 2014: Kelley found guilty, sentenced to 25 years
Aug. 13, 2014: Kelley’s defense team files motion for retrial
Feb. 11, 2016: Appeals Court denies hearing

An attempt by Kelley’s attorneys to get a new hearing was denied by the 3rd Circuit Court of Appeals. In its ruling, the court determined Kelley’s counsel did not include any evidence to “establish Kelley’s whereabouts and fall short of demonstrating that Kelley was, in fact, not present at the McCarty home at the time of the alleged abuse.”

May 25, 2017: Williamson County DA reopens Kelley case, Texas Rangers start investigating alternate suspect

Williamson County District Attorney, Shawn Dick says he received “credible evidence” to investigate the case. Court documents filed by Kelley’s defense team claim Johnathan McCarty may have been involved in the assault. McCarty has not been named as a suspect.

Johnathan McCarty (Williamson County Sheriff's Office)
Johnathan McCarty (Williamson County Sheriff’s Office)
  • Kelley lived with the McCarty family while his parents were ill.
  • Kelley and McCarty were friends — both played football at Leander
  • McCarty’s mother ran the in-home day care where the 4-year-old victim said he was assaulted.
  • Kelley’s attorneys say they obtained McCarty’s cell phone which showed he had alleged photos of nude children.
  • Kelley’s defense team says they have someone who overheard McCarty admit to the crime three months after Kelley’s trial ended.
  • Kelley’s defense claims Kelley and McCarty look very similar and the young boy was mistaken in identifying his assailant
  • Kelley’s defense claims his cell phone records show he wasn’t in the house when the assault happened and Kelley had moved out by that point
  • The Cedar Park police chief, whose department conducted the original investigation, said he’s confident in the guilty verdict and remains focused on justice for the victim.
  • McCarty has been in the Williamson County Jail since May 25, and is being held on a $450,000 bond for a probation violation related to drug charges.
  • A court hearing to present the new evidence is set for Aug. 3 and 4.
  • A judge will decide if there’s enough evidence to take the case to the Court of Criminal Appeals.

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