GEORGETOWN, Texas (KXAN) — Search warrants filed Thursday by the Texas Rangers are requesting Greg Kelley’s account information from an online hookup website and his iCloud account.
A third search warrant was issued for the iCloud account of Johnathan McCarty, recently named as one of the three suspects, along with Kelley and another unnamed man, in the sexual assault of a 4-year-old boy in Cedar Park sometime between April and July 2013.
An investigator in the search warrant says Kelley, 22, had been “evasive and dishonest” in several recent interviews and made statements that were in direct contradiction to information he had already given.
Despite Kelley’s defense attorney’s claims that new evidence exonerated Kelley, the new search warrant shows investigators cannot rule out Kelley as a suspect for three reasons: Kelley was named by the victim, he had “opportunity and access” to the victim and he admitted to wearing clothing described by the victim on the night of the assault.
The Texas Rangers say reanalyzing Kelley’s cellphone revealed text conversations where Kelley spoke of being alone with multiple children in the McCarty house — an at-home day care — for hours and spoke of a “selfie” with the victim. Kelley had previously told investigators he had never been alone with any of the children in the house and claimed to have little contact with the victim.
Recently recovered cellphone browser history also revealed Kelley had been visiting pornographic websites, something that contradicted his statements in previous interviews, the search warrant continued.
Investigators say his browser history became a “significant indicator.” The affidavit states, “Kelley had not just begun to view pornographic material sporadically as would a normal teenager. Instead, beginning on 6/21/13, his online pornographic website visitation quickly increased not only in frequency but also the duration of his visits,” becoming what the investigator called an “addiction.”
The search warrant states Kelley began to access Adult Friend Finder, a website for adults to find other adults in the area for casual sex. Between 2013 and 2014, the investigator states Kelley displayed “undeniable indicators of being a sexually motivated high risk threat…”
Text messages on Kelley’s phone revealed he was meeting with unknown individuals secretly for sexual contact. The warrant is asking for Adult Friend Finder to release the names of all the people who Kelley had contact with on the website.
The search warrant for McCarty’s iCloud account states he cannot be ruled out as a suspect in the sexual assault either, for the following reasons: the victim never positively identified his attacker, one of the children in the McCarty house said the victim slept in McCarty’s room and McCarty owned and wore clothing that matched the description of the clothing worn by the attacker on the night of the incident.
McCarty, 20, was arrested on unrelated drug charges in Williamson County on May 25, 2017, where he is still in custody. A search of McCarty’s cellphone revealed that his sexual preference was “deviant” in nature, the search warrant states. Multiple text conversations included conversations about the use and distribution of drugs and “erratic behavior,” the documents continue.
On July 13, 2013, the victim told his mother he had been assaulted by Kelley at the McCarty home. The victim said he was woken by Kelley before the assault happened. Kelley, a Leander High School football star, had been living at the McCarty house since June of 2012 because his parents were ill.
The victim’s parents reported the incident to the Cedar Park Police Department on July 18, 2013. Child development experts told investigators the incident would have happened within two to three months before the victim’s outcry.
Kelley was arrested on Aug. 12, 2013 and, on July 16, 2014, convicted and later sentenced to 25 years in prison. After nearly three years in prison, Kelley was brought back to the Williamson County Jail on June 6, 2017 as the Williamson County district attorney reopened his case, spurred by the new evidence brought forth by Kelley’s defense attorney.
At the end of a 3-day hearing on Aug. 4, Judge Donna King said Kelley would not be released that day. She is expected to make her final decision on whether to release Kelley sometime after Friday.
Kelley’s attorney Keith Hampton said Thursday that nothing in the search warrants is new to him. “We welcome these searches because the more you dig into this, the more you’re going to establish Greg Kelley’s innocence.”
On his client’s use of Adult Friend Finder, he said, “You can tell he accessed the site, but not that he used it. Once [the Texas Ranger] gets the records, he will see that Greg didn’t use it.”
McCarty’s attorney, Kellie Bailey, responded to Thursday’s news by saying Hampton has done a disservice to Kelley supporters by “filling them with false hope.”
“The search warrant affidavit should leave every judge, prosecutor, law enforcement officer, and witness in this case questioning whether they have been presented with fact or fiction,” Bailey continued. “It will take incalculable time and energy to unravel this mess and achieve justice.”