Greg Kelley hearing: Day 1

Greg Kelley walking into a Williamson County courtroom on Aug. 2, 2017. (KXAN Photo)
Greg Kelley walking into a Williamson County courtroom on Aug. 2, 2017. (KXAN Photo)

GEORGETOWN, Texas (KXAN) — An attorney for Greg Kelley presented new evidence to argue the 22-year-old’s innocence before a Williamson County judge Wednesday.

Kelley was originally convicted and sentenced to 25 years in prison for the sexual assault of a child in 2014. This spring, Kelley’s defense team was able to breathe new life into the case after they say there is another suspect that could have been responsible for the crimes. The Williamson County District Attorney decided to reopen the case after receiving “credible evidence” from Kelley’s attorneys. Now, that evidence will be brought forth to another judge.

Family and friends who have supported Kelley throughout his arrest and conviction were on hand at the Williamson County Courthouse.

Before the hearing, Greg Kelley spoke over the phone with Dan and Fran Keller, who were recently declared innocent of day care abuse. He also spoke to his girlfriend’s mother about how he prepared for the big day.

“I went to sleep around 1 yesterday and I couldn’t go to sleep,” said Kelley. “I just had five hours of sleep, but I should be okay. I feel energized.” When Gaebri Anderson’s mother asked whether he worked out Wednesday morning, he said he skipped working out so he could focus on the hearing.

Kelley seemed calm and collected while on the phone. Before he hung up the phone, he said: “Just let everyone I know I love them and thank them for being a part of this. I can’t wait to spend some time with all of y’all when I get out and just be in you all’s presence.”

During the first day of the hearing, the defense called four witnesses, including the Cedar Park police officer who took the initial report of sexual abuse, and Kelley’s older brother. However, the focus was on Cedar Park Police Sgt. Christopher Dailey. Dailey was the detective who investigated the sexual assault case against Kelley.

Dailey said he established the abuse time frame happening somewhere between December 2012 and June of 2013, because that’s when the child attended the daycare where the abuse happened — at the same time and place Kelley was temporarily living. However, the officer who took the initial report said the abuse most likely happened on July 12, 2013, after Kelley had moved out of that home.

After one child made an outcry, Dailey received information that another child told his father, he too, was sexually assaulted. After two forensic interviews by professionals and no outcry, Dailey interviewed the child himself, which is uncommon for officers.

“I felt that [the second child] was too scared to make an outcry and since I had information he was offended on as well, and the suspect was out in the public, it was a public safety concern,” explains Dailey.

Dailey testified the second child brought up Jonathan McCarty’s name during an interview when describing a sex act. McCarty’s mother operated the in-home daycare where the abuse happened. Dailey said he never interviewed McCarty because the boy later said it was just Kelley and an infant in the room when the abuse happened. Dailey says he thought the boy was confused when he mentioned McCarty.

Dailey said nobody ever had the child identify Kelley as his alleged abuser, even though that’s normally done during interviews with children. During Kelley’s trial, charges involving the second child were dropped, after the boy testified Kelley never touched him.

Judge Stacey Matthews, who was a prosecutor at the time, took the stand and testified that she spoke with Dailey about the second child and his interviews. She said she advised him to not file charges.

“I would not feel comfortable telling you to file charges and he said it will strengthen the case against the first child,” recalled Matthews of their conversation.

After Wednesday’s hearing, Kelley’s mother is confident her son is coming home.

“No evidence, no evidence and my son is serving a 25-year sentence,” says Rosa Kelley. “And when my son walks out of here, because he will walk out, you will all see what happened.”

The hearing resumes at 9 a.m. Thursday. Kelley’s attorney Keith Hampton says Patricia Cummings, who was Kelley’s trial lawyer, Ranger Cody Mitchell who the state has asked to investigate this case, and a cellphone and computer expert are expected to testify.

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