The formal prosecution of Greg Kelley began with his denial of committing any crime.
"How do you plea?" asked Judge Billy Ray Stubblefield.
"Not guilty," said Kelley to each count against him.
Greg Kelley is a former high school football standout and many of his friends from Leander High came to court Tuesday wearing red and blue crosses. It’s hard for them to accept the allegations their friend forced a 4-year-old boy to perform an indecent act and that he also allegedly had inappropriate contact with another 4-year-old.
"This is this child's first sexual encounter," said Assistant Williamson Co. DA Sunday Austin.
In her opening statements Austin admitted this will be a difficult case to consider.
"There is not going to be a crime scene, there's not going to be physical evidence.
The incidents allegedly took place at a Cedar Park in home day care, where Kelley was living while his parents were being treated for medical conditions. According to prosecutors, the boys looked up to Kelley and another teen that hung out with him at the house and referred to them as their bosses. One of the mothers testified how she felt when her son first spoke out.
"I’m angry in my head, obviously I don’t know what to think I’m not angry to where I’m crying by any means, but I was very emotional you don’t expect your 4-year-old to say something like that," said the mother of the first boy who made an outcry.
But Defense Attorney Patricia Cummings told the jury the original outcry came only after the first boy broke his arm while playing at the day care. That seemed to suggest the claim was motivated in an attempt to get back at the daycare owner.
"Unbeknownst to Greg and his family there is this wild tragedy brewing," said Cummings.
Cummings argued the story of alleged abuse grew more graphic as more people spoke to the boys.
“False accusations are created by adults and carried out by children."
The jury got a chance to watch a video of when one of the boys was interviewed they’ll also hear directly from the boys although not face to face. A closed circuit TV feed has been setup so they will not have to testify in the same room with Kelley.