Greg Kelley convicted in day care sex abuse case

After about 12 hours of deliberations, a jury late Tuesday night found Greg Kelley guilty of two counts of super aggravated sexual assault of two 4-year-old boys at a Cedar Park day care facility where he was temporarily living.

The sentencing phase of the trial will begin Wednesday afternoon. He faces a minimum of 25 years in prison without the possibility of parole.

Kelley, a 19-year-old former Leander High School football player, was also charged with one count of indecency with a child by contact. He was found not guilty of that charge.

Since the deliberations began at 11 a.m., Kelley — who had been free on bail — stood in the hallway and chatted with supporters and prayed with a circle of his friends.

By 8:30 p.m. Tuesday, the jury had sent three questions to the judge during their deliberations saying they were having disagreements about testimony from the mothers of the two boys who made the accusations. The judge read them the testimony.

With no physical evidence, the case rests on whether the jury believes the boys’ accounts of what happened, lawyers have said. The alleged events happened last year at a now-closed day care facility in Cedar Park operated by Shama McCarty.

The first boy who said Kelley had sexually assaulted him also told a counselor that his mother walked into the room during the molestation and that a fight ensued — a sequence of events that everyone agreed didn’t happen.

The boy testified in court last week and repeated his initial allegation that Kelley had sexually assaulted him, but didn’t say anything about a fight.

The second boy who said that Kelley had made him touch Kelley inappropriately didn’t mention any abuse when he was interviewed twice by counselors. He only talked about the alleged abuse during a third interview by a Cedar Park Police detective. When he testified in court last week, the boy said that no abuse had happened.

During closing arguments Tuesday morning, attorneys argued about the believability of the boys’ accusations.

Prosecutor Sunday Austin said about one of the boy’s accusations: “What parent would possibly program their kid to make that statement?”

“What parent would possibly want this child to know about oral sex at the age of 4? What child has any kind of sophisticated knowledge of such a thing?” she asked.

Defense attorney Patricia Cummings said a psychologist had testified that if parents and authority figures repeat allegations made by preschool children to the children, it increases the likelihood of the children making false statements.

She said the parents of the first boy who made the accusation talked to him about it about eight times before reporting it to police.

Prosecutor Geoffrey Puryear also mentioned in closing arguments that Kelley had falsely told a gym owner that he was a sniper in the Marines and had served in Afghanistan.

“We are not talking about telling a lie, we are talking about living a lie,” said Puryear.

Cummings defended what Kelley told the gym owner. “What would an 18-year-old say to people that he’s doing with his life when he’s expelled from school and faced with charges?” she said.

Reader Comments ...

Next Up in Local

Who is James Shaw Jr., the man who disarmed the Waffle House shooter?
Who is James Shaw Jr., the man who disarmed the Waffle House shooter?

One crowded Waffle House in Antioch, Tennessee, led Nashville resident James Shaw Jr. to the restaurant where a gunman opened fire early Sunday morning, killing four people. Shaw acted quickly to disarm the gunman and toss the rifle over the counter at the Antioch restaurant, an action police said saved several lives, The Tennessean reported....
Kitchen fire causes $20,000 in damage at Casino El Camino on Sixth Street
Kitchen fire causes $20,000 in damage at Casino El Camino on Sixth Street

Austin emergency crews responded to a fire in the kitchen area of a bar and grill on Sixth Street early Sunday morning, according to the Austin Fire Department. Officials responded to a reported smoke on the second floor of Casino El Camino in the 500 block of Sixth Street. Fire officials later found the fire “between 1st and 2nd floor after...
Waffle House 'hero' disarmed shooter, tossed rifle over counter
Waffle House 'hero' disarmed shooter, tossed rifle over counter

Some fast thinking by a Waffle House patron in Antioch, Tennessee, saved numerous lives after a man opened fire at the restaurant, The Tennessean reported. Police said the suspected shooter, believed to be Travis Reinking, 29, of Morton, Illinois, opened fire at about 3:25 a.m. at the Waffle House. James Shaw Jr., 29, was sitting in the Waffle...
California man stabbed to death while dining with daughter on lap
California man stabbed to death while dining with daughter on lap

A California man eating at a steakhouse with his daughter on his lap was stabbed to death Wednesday when a homeless man allegedly walked up and attacked him, CNN reported. Anthony Mele Jr. 35, died Thursday, but his 5-year-old daughter was not hurt, the Ventura Police Department said. Mele was dining at the Aloha Steakhouse, a beachside restaurant...
FORECAST: Breezy Sunday, with temps to hit 76
FORECAST: Breezy Sunday, with temps to hit 76

Sunday forecast for Austin: Plan for a sunny end to the weekend, with a high of 76 and north winds moving 10 to 15 mph during the day, then mostly clear skies and a low of 54 at night, with north winds moving 5 to 10 mph before becoming light northwest winds after midnight. Monday: Sunny, with a high of 82 and north northwest winds moving 5 to 10 mph...
More Stories