GEORGETOWN, Texas — A former Leander High School student is back in court for day two of his hearing.
Greg Kelley was convicted of super-aggravated assault of a child in 2014 and is currently serving a 25-year sentence.
RELATED | Greg Kelley's hearing focuses on alibi, original investigation
But his lawyers say he's innocent and are now hoping for a new trial.
The district attorney has named a new suspect — 20-year-old Jonathan McCarty
Back in 2013, at time of the accusations, Kelley was living at the McCarty household where McCarty's mom ran an in-home daycare. Two boys at that daycare accused Kelley of sexually assaulting them.
Kelley's lawyers now argue the children got the two teenagers mixed up.
McCarty is currently serving time for drug charges and affidavits say when he was arrested he had naked pictures of children on his phone and constantly looked at porn.
On Wednesday, the hearing began with Kelley's attorney's calling Cedar Park police officer Kevin Freed to the stand, taking the initial report back in 2013.
After that, they questioned Aldo Berduo, Kelley's older brother. He testified that Kelley was helping him move on the day that the sexual assault was reported and said Kelley moved out from the McCarty's home a month before the abuse accusations.
But it was testimony from Sgt. Christopher Dailey, the Cedar Park detective who led the 2013 investigation, that drew the most attention.
Dailey said he believes the victim was confident in identifying Kelley, but admitted he never followed up on McCarty, who was also named by the victim during a forensic interview.
He added he didn't visit the site where the abuse happened.
"I know the investigation wasn't conducted right, but I never expected all this and this is just the beginning. i just want to be here tomorrow early and keep hearing what else because my son - we will take my son back home, he deserves to be free,” Dailey said.
The hearing resumes this morning at 9 a.m. and it's expected to last several days.
It could be weeks after that until the judge makes a ruling on whether Kelley returns to the Williamson County jail or is released.
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