The case against a former high school football star was sent to a Williamson County jury.
Greg Kelley and his mother embraced daycare owner Shama McCarty, who broke down and cried after the case was handed over to the jury shortly before noon Tuesday. Kelley was living in McCarty's Cedar Park home when the alleged abuse took place last year.
"That’s guilt ... that’s this guy," said Assistant DA Sunday Austin, as she began her closing argument.
Defense attorneys and prosecutors sparred Tuesday morning over key testimony that came out during the trial. One confrontation seemed to get personal, when prosecutors urged to disregard testimony from a defense expert.
"Your honor I object, once again she is attacking counsel and trying to infer there is something wrong with Greg Kelley and that is inappropriate the law is very clear," said Defense Attorney Patricia Cummings, in response to a critique by Austin.
The fight was over Dr. Stephen Thorne. Last week he spoke about studies regarding how children can make false accusations. Prosecutor Geoffrey Puryer pointed out to the jury that Thorne was hired to provide an opinion.
"His living depends on making defense attorneys happy, specifically Ms. Cummings, and he does that by coming into courts just like this and telling juries just like you how to sabotage sexual assault investigations and that is exactly what he did," said Puryear."
The jury is limited to opinions and statements. There's no physical evidence of a crime and nothing was ever produced showing deviant behavior like porn on a computer.
"False accusations are created by adults and carried by children," Cummings told the jury, repeating a theme she used during her Opening Statement last week.
The case hinges on the believability of the statements made by the two boys when they were 4 years old. The accounts got problematic when one of the boys testified he was not sexually abused.
If found guilty of the most severe charge of super aggravated sexual assault Kelley could be sentenced to a minimum of 25 years to life without parole. The lesser charge of indecency with a child carries a sentencing range from2 to 20 years.