Central Texas Teen Seeks New Trial In Daycare Molestation Case

The attorney for a Central Texas teenager who was convicted of sexually assaulting a child at a home daycare is seeking a new trial.

Greg Kelley in court. (File)

GEORGETOWN (August 14, 2014) An attorney has filed a motion for a new trial for Greg Kelley, 19, of Leander, who was sentenced last month to 25 years in prison after a Williamson County jury found him guilty of two counts of super aggravated assault stemming from the molestation of a 4-year-old boy at a home daycare.

The lawyer says Kelley was denied a fair trial because one of the jurors was pressured.

The juror in a sworn statement says he or she was not persuaded "beyond a reasonable doubt" that Kelley was guilty.

The name of the juror wasn't disclosed in the filing but was presented to Judge Billy Ray Stubblefield, who presided over the trial.

Stubblefield will decide whether to grant a hearing on the motion.

A Williamson County assistant district attorney said he expects the motion to be denied and said Stubblefield isn't legally allowed to consider the juror's statement.

Kelley was sentenced to 25 years on each count, but will serve the sentences concurrently with no chance of parole in a sentencing plea deal.

Kelley accepted the deal during the penalty phase of his trial in Georgetown.

The 25-year prison term was the minimum possible sentence.

The 4-year-old victim told his parents that Kelley molested him.

Kelley was staying with a classmate in 2013 at the house in Cedar Park where prosecutors say the victim was abused twice.

Kelley, who denied the allegations, is a former Leander High School football player.

Jurors acquitted Kelley of indecency with a child by contact in an incident involving another 4-year-old boy at the center.

The "super" aggravated assault count involves a child younger than 6.


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