PASSAGE OF THE DAY: "Williamson County District Attorney Shawn Dick agreed to review the evidence in the case after being elected and quickly said another suspect had emerged. In August 2017, Shaw said he never would have prosecuted the case and argued that everyone from the Cedar Park Police's investigation, which he called “wholly deficient,” to prosecutors and Kelly's own defense attorney failed him. Kelley's lawyers also argued the Cedar Park police investigation was so shoddy that Kelley was essentially denied fair treatment by the judicial system. They argued the investigating officer, Chris Dailey, failed to complete basic and important steps in the investigation. This included identifying other adults in the house where the abuse occurred, failing to consider other suspects and failure to take photographs. They also noted the officer concede in testimony that when one of the two boys accusing Kelley of molestation later said Kelley didn't do it, he pushed the child to stay with his original allegations. The child later recanted on the witness stand. Another point in the criticism by Kelley's attorneys focused the police and prosecutors having "tunnel vision" on Kelley as a suspect and failed to follow up on Johnathan McCarty, whose mother operated an in-home day care facility where the abuse happened and has been deemed an "alternative suspect" in the case by authorities. Texas Rangers have also noted they have since identified another unnamed possible suspect in the case."
Conviction questioned:
Kelley was convicted in 2013 in Williamson County of super-aggravated sexual assault of a child, the most serious charge he could have faced for the crime. Kelley, who was going to Leander High School at the time, was staying with a friend when a child claimed Kelley had molested him. He rejected an offered plea deal and went to trial in the case, which resulted in his conviction and him accepting a sentence of 25-years in prison over life in prison. Williamson County District Attorney Shawn Dick agreed to review the evidence in the case after being elected and quickly said another suspect had emerged. In August 2017, Shaw said he never would have prosecuted the case and argued that everyone from the Cedar Park Police's investigation, which he called “wholly deficient,” to prosecutors and Kelly's own defense attorney failed him. Kelley's lawyers also argued the Cedar Park police investigation was so shoddy that Kelley was essentially denied fair treatment by the judicial system. They argued the investigating officer, Chris Dailey, failed to complete basic and important steps in the investigation. This included identifying other adults in the house where the abuse occurred, failing to consider other suspects and failure to take photographs. They also noted the officer concede in testimony that when one of the two boys accusing Kelley of molestation later said Kelley didn't do it, he pushed the child to stay with his original allegations. The child later recanted on the witness stand. Another point in the criticism by Kelley's attorneys focused the police and prosecutors having "tunnel vision" on Kelley as a suspect and failed to follow up on Johnathan McCarty, whose mother operated an in-home day care facility where the abuse happened and has been deemed an "alternative suspect" in the case by authorities. Texas Rangers have also noted they have since identified another unnamed possible suspect in the case. The attorney emphasized McCarty because they argued Patricia Cummings, Kelley's trial attorney at the time, did not represent him properly, refuse to consider McCarty as a possible suspect and had a conflict of interest because she she previously represented family members of of McCarty. Cummings has denied the claims. A Williamson County judge released Kelley on bail in August 2017, a rarely seen move for a convicted individual, after hearing the additional evidence in the case. Kelly has been waiting in limbo since that time for a higher court to rule on his case. In its overturn ruling, the Texas Court of Criminal Appeals rejected the claims of inadequate investigation and that Cummings had a conflict, calling it "Monday-morning quarter-backing."
Cedar Park response:
In response to the court's ruling, Cedar Park Police Chief Sean Mannix, who served as chief when the investigation was conducted, released the following statement: "I respect today’s ruling by the Court of Criminal Appeals granting Greg Kelley’s application for relief. As Justice Newell’s concurring opinion indicates, this relief was based on new evidence post-conviction, and not on the grounds of deprivation of due process or ineffective assistance of counsel." "Make no mistake, I have heard the criticisms surrounding this case and taken actions to address them. I want to reassure our citizens that the department remains steadfast in our commitment to ensure community safety and public trust. It’s a responsibility and privilege I take very seriously." "I recognize this case has been difficult for all involved and has impacted multiple families and our community. Our department will continue to work closely with our law enforcement partners and the District Attorney’s Office in keeping our community safe." Additionally, Cedar Park City Manager Brenda Eivens released a statement about the ruling, which read: "The City of Cedar Park respects today’s Court of Criminal Appeals ruling that grants Greg Kelley’s application for relief from his criminal conviction. "As City Manager, I have high expectations of our Police Department, as does our community. Local law enforcement serves as the first step in the criminal justice process. The comments and criticisms directed at this investigation were thoughtfully considered, and resulted in action. For example, in the Criminal Investigations Division we have added detectives as well as management and supervisory staff - enhancing division oversight. We have also created a Special Victims Unit dedicated to the investigation of sexual assault, child abuse and elderly abuse. We are committed to continuous improvements, as maintaining the public trust and ensuring public safety will always remain our top priorities.""The entire story can be read at:
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For fascinating background, check out Senior Editor Seth Augenstein's Forensic Magazine story headed 'Texas man, convicted of sex crime, gets a reversal of fortune from his phone', at the link below: "Greg Kelley, a young man in Texas convicted of sexually molesting a toddler in 2014, had a lot of things going against him that led to his spending more than three years in prison for a crime he did not commit. But Kelley had one thing to start his reversal of fortune that led to his release from prison last August, and a judge finding him fully cleared last month. It was his phone, and the voluminous digital evidence contained on it showing where he went, and what he was doing over the months when the molestations occurred. It showed he was not even at the home, which doubled as a daycare, when the crimes were committed. Crucially, it also showed what kind of person Kelley was. This was no pedophile, said C.M. “Mike” Adams, a veteran forensic investigator who first cracked the iPhone that would ultimately set an innocent man free. “If a pedophile had owned that phone it would have been wiped on a regular basis by performing a factory reset,” Adams told Forensic Magazine. “Greg’s phone was just the opposite of that. He was creating what would one day be the digital evidence that lit the fire under his exoneration.”
https://www.forensicmag.com/news/2018/01/texas-man-convicted-sex-crime-gets-reversal-fortune-his-phone
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PUBLISHER’S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
