Central Texas football star found guilty of super aggravated sexual assault

Greg Kelley testifies.

Credit: Shannon Murray / KVUE

Greg Kelley testifies.

Print
Email
|

by SHANNON MURRAY

KVUE

Posted on July 16, 2014 at 8:39 AM

GEORGETOWN -- A jury found a former high school football player guilty on two counts of super aggravated sexual assault Tuesday.

Loud sobs from Greg Kelley's family and friends could be heard in the courtroom. His family and girlfriend had the opportunity to see him in the courtroom next door before he was taken into custody.

The former Leander High School football player is charged with sexually assaulting children while he was living in a home that served as a daycare.

After more than 12 hours of deliberating Tuesday, the jury told the judge they were split 9/3 on a verdict and would like guidance. The judge gave them the option of staying to deliberate or returning in the morning. If they choose to leave, they would be sequestered. The jury continued their deliberations.

The jury returned with several questions for the judge right before the verdict was reached, namely questions regarding testimony from the first victim and his mother. The judge read them portions of the testimony related to the initial outcry made by the boy.

The jury reached their verdict around 11:30 p.m.

Outside the courtroom, Kelley's family and friends stood with him in prayer during deliberations. They have filled the courtroom all week wearing blue and red ribbons in support of the ex-high school football star.

During closing arguments, prosecutors urged the jury to remember the children involved in this case, who both testified along with their parents.

"It feels like it's been a long time since you actually heard the voices of Gregory Kelley's victims," said prosecutor Sunday Austin.

Defense attorneys argued that wasn't enough.

"Set the emotion aside, if it's there. And ask yourself after considering the evidence you had, maybe the evidence you didn't get," said defense attorney Patricia Cummings.

Defense attorneys said parents and investigators contaminated the interviews with the young boys by asking leading questions to prove their case.

"False accusations are created by adults and carried by children," Cummings said.

"What parent would possibly program their kid to make that statement?" Austin asked. "What parent could possibly want this child to know about oral sex at the age of four?"

Prosecutors pointed to testimony from Shama McCarty, the woman who owned the daycare where the alleged abuse happened. They say she lied on the stand to protect her and Kelley's reputations.

"She came in here displaying her little ribbon, showing a clear bias for the defendant, like we're in a pep rally," said Austin.

Kelley testified and denied anything happened. He said every time he saw the kids at the house, another adult was there. But attorneys reminded the jury of the gym owner who testified Kelley claimed to be a Marine. Prosecutors said it's proof he can't be trusted.

"We're not talking about telling a lie, folks, we're talking about living a lie. We're talking about stolen valor," said Geoffrey Puryear.

Kelley's attorneys maintained the bottom line is the evidence just isn't there.

"Any conviction in this case would be fundamentally unfair," Cummings said.

But prosecutors said the risk is too high to set him free.

"What you can do as jurors in this case is protect future children from this defendant," Puryear said.

Kelley faced one charge of indecency with a child and two charges of super aggravated sexual assault. Kelley was found not guilty of indecency with a child, but he was found guilty on both counts of super aggravated sexual assault. It's "super" because the boy is under the age of six.

Sentencing will begin Wednesday at 1 p.m. Kelley faces a minimum sentence of 25 years in prison and a maximum sentence of life in prison without parole.

Print
Email
|