1 00:00:06,303 --> 00:00:08,933 [Greg Kelley] I do believe that wrongs need to be made right. 2 00:00:09,011 --> 00:00:10,601 [female reporter] The judge in Williamson County has just 3 00:00:10,679 --> 00:00:12,929 ruled that he should be declared innocent. 4 00:00:13,011 --> 00:00:14,551 [male reporter] Judge King said that his attorney 5 00:00:14,637 --> 00:00:17,597 in his first trial was ineffective. 6 00:00:17,679 --> 00:00:19,219 [Shawn Dick] You know, the judge did find bad faith 7 00:00:19,303 --> 00:00:21,223 on the part of the Cedar Park Police Department. 8 00:00:21,303 --> 00:00:22,973 I've never woken up in the morning and wondered: 9 00:00:23,053 --> 00:00:24,933 did we get the wrong guy? 10 00:00:25,178 --> 00:00:28,178 It won't be over until the Court of Criminal Appeals 11 00:00:28,261 --> 00:00:29,801 issues its decision. 12 00:00:29,887 --> 00:00:31,967 The Court of Criminal Appeals can ignore that 13 00:00:32,053 --> 00:00:33,893 and go the other way. 14 00:00:35,095 --> 00:00:37,595 Which means he has to go back into prison. 15 00:00:38,011 --> 00:00:39,641 [Greg] I simply don't know where I'm going to be 16 00:00:39,720 --> 00:00:40,760 in six months. 17 00:00:40,845 --> 00:00:42,885 I don't even know if I'm going to be exonerated yet. 18 00:00:47,887 --> 00:00:49,677 We believe that he's com-- he's committed a crime 19 00:00:49,762 --> 00:00:52,012 and-and we intend to prove it. 20 00:00:52,387 --> 00:00:55,177 [Keith] The search warrant affidavit is a 180. 21 00:00:55,261 --> 00:00:58,851 This was a drive-by character assassination. 22 00:00:58,929 --> 00:01:00,599 It seems like the higher I'm getting, 23 00:01:00,679 --> 00:01:03,929 he's going to find something to smash me into the ground. 24 00:01:04,011 --> 00:01:05,801 My worry, as I sit here right now, 25 00:01:05,887 --> 00:01:08,847 is how could we be defeated? 26 00:01:08,929 --> 00:01:12,179 How could this all be taken away from him? 27 00:01:16,845 --> 00:01:20,175 [soft dramatic music] 28 00:01:20,261 --> 00:01:22,051 I followed the case a little bit. 29 00:01:22,136 --> 00:01:23,716 Um, 30 00:01:23,804 --> 00:01:27,554 I kind of grew up dancing in the same, 31 00:01:27,637 --> 00:01:30,007 like, area as Gaebri. 32 00:01:30,095 --> 00:01:32,595 The only thing that I knew really about the case 33 00:01:32,679 --> 00:01:36,049 was that, um, 34 00:01:36,136 --> 00:01:42,006 Greg was accused of molesting a child, 35 00:01:42,095 --> 00:01:43,255 potentially two. 36 00:01:43,345 --> 00:01:46,885 And that's really all that I knew. 37 00:01:47,303 --> 00:01:51,143 So the first time that I met Johnathan was 38 00:01:51,220 --> 00:01:54,760 either like June or July of 2014. 39 00:01:54,845 --> 00:01:58,175 Um, he was tagging along with one of his friends 40 00:01:58,261 --> 00:02:01,101 to come meet my friend Emily. 41 00:02:01,178 --> 00:02:02,798 Um. 42 00:02:04,261 --> 00:02:06,721 Johnathan and I were sitting in the driveway 43 00:02:06,804 --> 00:02:08,144 waiting for them to get back. 44 00:02:09,637 --> 00:02:14,177 And he started kind of talking about 45 00:02:14,261 --> 00:02:16,601 how he'd had a rough year, 46 00:02:16,679 --> 00:02:18,259 um, and brought up, 47 00:02:18,345 --> 00:02:19,925 "I don't know if you know what's going on 48 00:02:20,011 --> 00:02:22,101 with my best friend, Greg." 49 00:02:22,178 --> 00:02:24,678 And I had kind of heard of it and I was like, 50 00:02:24,762 --> 00:02:25,722 "Yeah, I know a little bit." 51 00:02:25,804 --> 00:02:28,224 And he just said that it was really rough 52 00:02:28,303 --> 00:02:32,103 and he was doing bad in school 53 00:02:32,178 --> 00:02:33,888 and something happened with football, 54 00:02:33,970 --> 00:02:36,220 like he got kicked out of football or something, 55 00:02:36,303 --> 00:02:39,723 and, um, that it looked like his best friend 56 00:02:39,804 --> 00:02:42,264 was going to go to prison. 57 00:02:43,387 --> 00:02:45,967 I met Johnathan when I was 15. 58 00:02:46,345 --> 00:02:50,295 And he raped me two weeks before I turned 16. 59 00:02:51,970 --> 00:02:56,800 And that was within maybe a month or two 60 00:02:56,887 --> 00:02:59,387 of Greg being officially convicted. 61 00:03:01,887 --> 00:03:11,927 ♪ theme music ♪ 62 00:03:12,011 --> 00:03:21,931 ♪♪♪ 63 00:03:22,011 --> 00:03:31,931 ♪♪♪ 64 00:03:32,011 --> 00:03:41,971 ♪♪♪ 65 00:03:42,053 --> 00:03:50,683 ♪♪♪ 66 00:03:54,929 --> 00:03:58,009 [Greg] Today is January 9th. 67 00:03:58,095 --> 00:04:00,175 Um, it's a Wednesday. 68 00:04:00,261 --> 00:04:03,801 And it's another Wednesday of 69 00:04:03,887 --> 00:04:07,847 finding out if relief granted is going to be here or not. 70 00:04:07,929 --> 00:04:09,849 Who knows, you know? 71 00:04:09,929 --> 00:04:12,429 Stuff happens when you least expect it sometimes. 72 00:04:13,804 --> 00:04:15,014 All right, here we go. 73 00:04:15,095 --> 00:04:19,255 [dramatic suspenseful music] 74 00:04:23,303 --> 00:04:26,303 [Greg] Yeah, I was arrested, um, July of '13. 75 00:04:29,220 --> 00:04:31,470 Can you believe it's been that long? 76 00:04:31,553 --> 00:04:35,393 That is six years, that I'm coming up on six years? 77 00:04:37,553 --> 00:04:41,013 And then I looked at these pictures of me in 2013 to now. 78 00:04:41,095 --> 00:04:42,215 I was like a kid, you know. 79 00:04:42,303 --> 00:04:43,893 I looked like a kid, of course. 80 00:04:43,970 --> 00:04:46,510 I mean I-I didn't-- I didn't totally act like my age 81 00:04:46,595 --> 00:04:48,175 but I was a kid. 82 00:04:48,261 --> 00:04:50,301 I had no idea what I was getting into. 83 00:04:50,387 --> 00:04:54,217 I did-- I had no idea what the other side of that door 84 00:04:54,303 --> 00:04:57,103 looked like if I got convicted. 85 00:04:57,178 --> 00:05:01,298 [dramatic music] 86 00:05:04,970 --> 00:05:06,180 Yeah. 87 00:05:09,428 --> 00:05:10,508 [Greg] Mm-hmm. 88 00:05:11,679 --> 00:05:13,139 Twenty-four. 89 00:05:13,220 --> 00:05:14,890 Twenty-four. 90 00:05:15,637 --> 00:05:18,097 [male] Thank you, Mr. Chairman and members. 91 00:05:18,178 --> 00:05:20,888 Uh, unlike 48 other states, 92 00:05:20,970 --> 00:05:24,010 Texas requires that all post-conviction applications 93 00:05:24,095 --> 00:05:26,215 for writ of habeas corpus be approved 94 00:05:26,303 --> 00:05:29,223 or denied by the Texas Court of Criminal Appeals. 95 00:05:29,303 --> 00:05:32,103 There is one small group of cases that could be handled 96 00:05:32,178 --> 00:05:33,388 more expeditiously. 97 00:05:33,470 --> 00:05:36,050 These cases are ones in which the trial court 98 00:05:36,136 --> 00:05:38,386 and the state and this-- the district attorney 99 00:05:38,470 --> 00:05:41,930 agree that the defendant is deserving of relief. 100 00:05:42,011 --> 00:05:43,181 State your name. 101 00:05:43,261 --> 00:05:45,891 My name is Patricia Cummings and I represent the 102 00:05:46,011 --> 00:05:47,471 Innocence Project of Texas. 103 00:05:47,553 --> 00:05:51,473 And I'm here today to testify in support of 1273. 104 00:05:51,553 --> 00:05:53,303 Thank you, Mr. Chairman, I'm Gary Udashen. 105 00:05:53,387 --> 00:05:55,137 I am the, uh, board president 106 00:05:55,220 --> 00:05:56,970 of the Innocence Project of Texas. 107 00:05:57,053 --> 00:05:59,433 And I'm here on behalf of the Innocence Project of Texas. 108 00:05:59,512 --> 00:06:02,052 We are in favor of this bill. 109 00:06:02,136 --> 00:06:04,256 [Keith] In April of 2017, 110 00:06:04,345 --> 00:06:07,715 four months before the writ hearing, 111 00:06:07,804 --> 00:06:12,224 Patricia Cummings and what would later become her lawyer, 112 00:06:12,303 --> 00:06:17,143 Gary Udashen, appear before a Senate committee 113 00:06:17,220 --> 00:06:18,970 along with Stacey Soule, 114 00:06:19,053 --> 00:06:20,473 the State Prosecuting Attorney. 115 00:06:20,553 --> 00:06:21,723 My name is Stacey Soule, 116 00:06:21,804 --> 00:06:23,644 and I'm from the State Prosecuting Attorney's Office. 117 00:06:23,720 --> 00:06:25,470 I'm the State Prosecuting Attorney and I'm here for you 118 00:06:25,553 --> 00:06:27,263 as a resource witness today. 119 00:06:27,345 --> 00:06:30,045 The State Prosecuting Attorney is appointed by the 120 00:06:30,136 --> 00:06:33,966 Court of Criminal Appeals to represent the State 121 00:06:34,053 --> 00:06:35,643 before that court. 122 00:06:35,720 --> 00:06:38,350 We have, uh, worked with the State Prosecuting Attorney, 123 00:06:38,428 --> 00:06:41,348 Ms. Soule, today to craft some of these ad-- 124 00:06:41,428 --> 00:06:43,598 this additional language to address some concerns 125 00:06:43,679 --> 00:06:45,139 that have been raised. 126 00:06:45,220 --> 00:06:46,970 The three of them, Gary Udashen, 127 00:06:47,053 --> 00:06:47,683 Patricia Cummings, 128 00:06:47,762 --> 00:06:50,012 and SPA Stacey Soule, 129 00:06:50,095 --> 00:06:52,175 they were working together, 130 00:06:52,261 --> 00:06:55,471 urging that they pass a bill 131 00:06:55,553 --> 00:06:59,053 that would entitle local people who agree that, 132 00:06:59,136 --> 00:07:01,506 s-say, someone's innocent w-- 133 00:07:01,595 --> 00:07:05,345 and save them from having to go through the CCA. 134 00:07:05,428 --> 00:07:09,508 Locally, the DA and the local judge could agree 135 00:07:09,595 --> 00:07:12,425 and then that person would not only be free on bond 136 00:07:12,512 --> 00:07:14,052 but would be exonerated. 137 00:07:14,136 --> 00:07:15,256 And it would be over. 138 00:07:15,679 --> 00:07:17,469 [Patricia] Nobody wants somebody to spend any 139 00:07:17,553 --> 00:07:20,393 time in prison if they're innocent of that crime. 140 00:07:20,470 --> 00:07:24,470 If we allow the existing law to go in-in-- um, 141 00:07:24,553 --> 00:07:27,223 unchallenged, unchanged, essentially what we have 142 00:07:27,303 --> 00:07:31,643 is we have situations where prosecutors and trial judges 143 00:07:31,720 --> 00:07:35,550 make a decision that a person's conviction should be vacated, 144 00:07:35,637 --> 00:07:39,717 yet because we have that extra layer of review 145 00:07:39,804 --> 00:07:43,144 then although this person could get out of prison, 146 00:07:43,220 --> 00:07:45,350 they would be placed on bond. 147 00:07:45,428 --> 00:07:48,298 And so they're living in legal limbo. 148 00:07:48,387 --> 00:07:51,007 And so we do support this bill. 149 00:07:51,095 --> 00:07:52,545 We think it is good for the State. 150 00:07:52,637 --> 00:07:55,597 And we think when just one person is affected like that 151 00:07:55,679 --> 00:07:57,639 and we could do better, why not? 152 00:07:58,303 --> 00:08:02,433 When they're representing the Innocence Project of Texas, 153 00:08:02,512 --> 00:08:06,392 they're all for local DAs and judges 154 00:08:06,470 --> 00:08:09,010 immediately exonerating people so they don't have to 155 00:08:09,095 --> 00:08:10,755 go through the CCA. 156 00:08:10,845 --> 00:08:15,925 Fast forward just a few months later and not so much. 157 00:08:16,553 --> 00:08:22,263 By August, where you've got a DA and a judge 158 00:08:22,345 --> 00:08:24,925 that want to do exactly that, 159 00:08:25,011 --> 00:08:27,971 that are in agreement that we've got an innocent man 160 00:08:28,053 --> 00:08:30,103 and let's save him some time, 161 00:08:30,178 --> 00:08:31,258 behind the scenes, 162 00:08:31,345 --> 00:08:33,795 unbeknownst to any of us, 163 00:08:33,887 --> 00:08:38,637 Patricia Cummings and her then lawyer, Gary Udashen, 164 00:08:38,720 --> 00:08:41,140 along with her other two lawyers, 165 00:08:41,220 --> 00:08:45,140 are working together with the SPA to deny Greg 166 00:08:45,220 --> 00:08:48,970 the very thing that they publicly said they 167 00:08:49,053 --> 00:08:52,303 wanted to see enacted into the law. 168 00:08:52,762 --> 00:08:55,802 Greg's former attorney, Patricia Cummings, 169 00:08:55,887 --> 00:09:01,717 has filed an amicus brief to influence the court 170 00:09:01,804 --> 00:09:07,604 against Greg, 95 pages pounding your former client 171 00:09:07,679 --> 00:09:09,969 who you said was innocent 172 00:09:10,053 --> 00:09:13,603 and playing yourself up as the victim. 173 00:09:13,679 --> 00:09:16,969 And they worked and prepared a brief, 174 00:09:17,053 --> 00:09:20,513 and now we know they worked together with the SPA 175 00:09:20,595 --> 00:09:24,095 to produce these amicus briefs 176 00:09:24,178 --> 00:09:26,218 before the Court of Criminal Appeals. 177 00:09:26,762 --> 00:09:31,222 There are e-mails that reflect that Gary Udashen, 178 00:09:31,303 --> 00:09:33,683 one of Patricia's attorneys, 179 00:09:33,762 --> 00:09:37,472 reached out to the State Prosecuting Attorney 180 00:09:37,553 --> 00:09:41,513 for assistance against the ineffective assistance claim 181 00:09:41,595 --> 00:09:44,255 to help Patricia Cummings. 182 00:09:45,011 --> 00:09:49,351 December 26th, uh, Gary Udashen writes 183 00:09:49,428 --> 00:09:51,638 to the State Prosecuting Attorney: 184 00:09:51,720 --> 00:09:56,640 "Stacey, I thought you might be interested in this brief." 185 00:09:56,720 --> 00:10:01,220 And so that's December 26th, 2017. 186 00:10:01,303 --> 00:10:03,643 They've arranged a meeting. 187 00:10:04,261 --> 00:10:09,011 By January 2nd, Stacey, confirming that 188 00:10:09,095 --> 00:10:13,385 "David Botsford and I will see you tomorrow at 2," 189 00:10:13,470 --> 00:10:19,390 later that afternoon Stacey says, "Yes. See you then." 190 00:10:19,804 --> 00:10:24,554 So they're meeting about the Greg Kelley case together. 191 00:10:30,095 --> 00:10:32,545 [laughs] I can't. 192 00:10:33,136 --> 00:10:37,176 Uh, this one is dated Tuesday, August 22nd. 193 00:10:37,261 --> 00:10:40,391 And it says, "Stacey" 194 00:10:40,470 --> 00:10:45,600 and it has 12 lines that are blacked out. 195 00:10:46,887 --> 00:10:48,467 Don't know what it says. 196 00:10:50,303 --> 00:10:51,603 Love to find out. 197 00:10:52,345 --> 00:10:55,385 So I don't know what they said behind closed doors 198 00:10:55,470 --> 00:11:00,300 but it's not difficult for me to infer it-it's the same team. 199 00:11:00,387 --> 00:11:03,257 They're all on the same team. 200 00:11:03,679 --> 00:11:07,719 And, yes, it's-it's, uh, stark for a defense lawyer 201 00:11:07,804 --> 00:11:13,934 to profess with this urgency and apparent passion 202 00:11:14,011 --> 00:11:18,351 for their client and then privately get with the 203 00:11:18,428 --> 00:11:20,388 State Prosecuting Attorney 204 00:11:20,470 --> 00:11:24,510 and execute two affidavits to completely undermine 205 00:11:24,595 --> 00:11:28,845 the person you're claiming you believe is innocent. 206 00:11:29,178 --> 00:11:32,718 We're thrilled to have Patricia Cummings from the 207 00:11:32,804 --> 00:11:34,144 Philadelphia District Attorney's Office. 208 00:11:34,220 --> 00:11:38,640 And she is sort of an icon in the conviction integrity 209 00:11:38,720 --> 00:11:40,680 world, which is why we wanted to have her 210 00:11:40,762 --> 00:11:42,222 come and speak today. 211 00:11:42,303 --> 00:11:43,513 Um, thank you very, Mark. 212 00:11:43,595 --> 00:11:45,715 It's-it's a pleasure to be here. 213 00:11:45,804 --> 00:11:49,354 I'm going to add just a little bit to my background 214 00:11:49,428 --> 00:11:52,468 so you can understand why I'm asking the question: 215 00:11:52,553 --> 00:11:53,933 why choose to go to the moon? 216 00:11:54,011 --> 00:11:56,801 Um, I tried a case where I believed my young client, 217 00:11:56,887 --> 00:11:59,467 who was 18 years old, was actually innocent of what 218 00:11:59,553 --> 00:12:01,853 he was accused of committing. 219 00:12:01,929 --> 00:12:03,179 I went in and tried the case. 220 00:12:03,261 --> 00:12:04,931 It was the hardest case of my career, 221 00:12:05,011 --> 00:12:06,551 and I lost. 222 00:12:06,637 --> 00:12:10,387 And my client was ser-- uh, sentenced to serve 25 years 223 00:12:10,470 --> 00:12:13,180 day for day in prison, and it was for, 224 00:12:13,261 --> 00:12:15,641 like I said, something I believe he didn't do. 225 00:12:16,136 --> 00:12:18,426 [Keith] I've never seen this at the Court of Criminal Appeals. 226 00:12:18,512 --> 00:12:20,682 Patricia Cummings' attorneys, 227 00:12:20,762 --> 00:12:24,432 they're elevating their own self-interests 228 00:12:24,512 --> 00:12:29,802 above somebody who has been found to be innocent. 229 00:12:30,387 --> 00:12:35,677 And-and their actions could jeopardize, 230 00:12:35,762 --> 00:12:38,682 even conceivably defeat, 231 00:12:38,762 --> 00:12:40,682 his innocence claim. 232 00:12:40,929 --> 00:12:44,719 What's happened is we've had this national conversation 233 00:12:44,804 --> 00:12:47,724 about how horrifying it is to recognize 234 00:12:47,804 --> 00:12:49,394 that our criminal justice system, 235 00:12:49,470 --> 00:12:50,930 probably the best in the world, 236 00:12:51,011 --> 00:12:53,971 actually convicts innocent people. 237 00:12:54,053 --> 00:12:56,683 And it's horrific not only because of the defendant 238 00:12:56,762 --> 00:12:58,972 who gets wrongfully convicted and is innocent 239 00:12:59,053 --> 00:13:00,013 and sitting in prison, 240 00:13:00,095 --> 00:13:03,255 but it's also horrific because we recognize 241 00:13:03,345 --> 00:13:05,715 that when we get it wrong on that level, 242 00:13:05,804 --> 00:13:07,554 what that means for society 243 00:13:07,637 --> 00:13:12,387 is that the real perpetrator is still often out in society 244 00:13:12,470 --> 00:13:14,430 committing other crimes. 245 00:13:16,970 --> 00:13:18,890 [female reporter] A man considered an alternate 246 00:13:18,970 --> 00:13:22,350 suspect in the high-profile Greg Kelley sexual assault 247 00:13:22,428 --> 00:13:23,928 case, Johnathan McCarty: 248 00:13:24,011 --> 00:13:26,761 he's accused of drugging a woman and sexually assaulting 249 00:13:26,845 --> 00:13:30,425 her at a frat party in San Marcos in 2015. 250 00:13:30,512 --> 00:13:33,642 The victim was 15 years old at the time 251 00:13:33,720 --> 00:13:35,850 McCarty was 18. 252 00:13:36,428 --> 00:13:39,848 Johnathan McCarty drugged and raped me. 253 00:13:41,720 --> 00:13:45,510 The morning after Johnathan raped me, 254 00:13:45,595 --> 00:13:49,715 I woke up on the floor 255 00:13:49,804 --> 00:13:52,934 in a house in the middle of nowhere. 256 00:13:53,011 --> 00:13:56,681 And under the circumstances that it happened, 257 00:13:56,762 --> 00:13:59,392 I felt like no one would believe me. 258 00:13:59,470 --> 00:14:01,850 And if they did, I'd be in trouble 259 00:14:01,929 --> 00:14:03,759 because I was doing things I shouldn't have been doing. 260 00:14:03,845 --> 00:14:08,885 I kind of just pushed it away and tried to forget about it. 261 00:14:09,512 --> 00:14:14,762 And it wasn't until I was sitting in my room 262 00:14:14,845 --> 00:14:16,545 like years later 263 00:14:16,637 --> 00:14:19,467 and had like five different people text me 264 00:14:19,553 --> 00:14:21,553 within 10 minutes. 265 00:14:21,637 --> 00:14:24,427 And they all texted me a news story 266 00:14:24,512 --> 00:14:27,012 saying that there was a new suspect 267 00:14:27,095 --> 00:14:29,965 identified in the Greg Kelley case 268 00:14:30,053 --> 00:14:32,353 and it was Johnathan McCarty. 269 00:14:32,428 --> 00:14:35,928 I called a family friend who's a lawyer, 270 00:14:36,011 --> 00:14:40,141 and told him what happened to me. 271 00:14:40,220 --> 00:14:43,760 Well, the next day I got home and there was a Texas Ranger 272 00:14:43,845 --> 00:14:45,925 at my house, it was Cody Mitchell. 273 00:14:46,011 --> 00:14:49,051 And before I talked to Cody, I called up the lawyer again 274 00:14:49,136 --> 00:14:51,756 and said, "Did you say something? 275 00:14:51,845 --> 00:14:54,095 Because there's a Texas Ranger at my house. 276 00:14:54,178 --> 00:14:57,548 And like why are they here?" 277 00:14:57,637 --> 00:14:59,927 And he said, "No, I didn't say anything. 278 00:15:00,011 --> 00:15:01,681 But if he's there, 279 00:15:01,762 --> 00:15:03,682 it probably means that your name came up 280 00:15:03,762 --> 00:15:05,892 in the investigation in some way. 281 00:15:05,970 --> 00:15:09,720 And enough things pointed to you that they felt like 282 00:15:09,804 --> 00:15:12,014 you were of value to talk to." 283 00:15:12,095 --> 00:15:15,345 And Cody confirmed that essentially, 284 00:15:15,428 --> 00:15:18,798 that my name had come up enough times that he 285 00:15:18,887 --> 00:15:22,467 figured he had to talk to me to figure out why. 286 00:15:23,178 --> 00:15:26,348 Um, and that's when I told Cody everything that happened 287 00:15:26,428 --> 00:15:31,178 and, uh, he took it to Shawn and we moved forward from there. 288 00:15:31,845 --> 00:15:33,885 [Shawn] Today, uh, we had a court setting in 289 00:15:33,970 --> 00:15:35,890 Johnathan McCarty's case, uh, 290 00:15:35,970 --> 00:15:37,220 and it was our final court setting. 291 00:15:37,303 --> 00:15:40,723 I was interested in holding Johnathan McCarty accountable 292 00:15:40,804 --> 00:15:45,724 for, um, the, uh, the abuse, 293 00:15:45,804 --> 00:15:50,054 um, that he inflicted upon an-an individual in our county. 294 00:15:50,679 --> 00:15:53,349 So the original charge was sexual assault of a child. 295 00:15:53,428 --> 00:15:56,888 There were allegations of him drugging and-and molesting 296 00:15:56,970 --> 00:16:00,390 or raping women without-without their consent 297 00:16:00,470 --> 00:16:02,390 or without the ability to consent. 298 00:16:02,470 --> 00:16:03,930 Uh, we had reached an agreement in principle 299 00:16:04,011 --> 00:16:07,801 last week and set the case for this morning. 300 00:16:07,887 --> 00:16:18,927 [dramatic somber music] 301 00:16:19,011 --> 00:16:30,141 ♪♪♪ 302 00:16:30,220 --> 00:16:33,100 Johnathan did this to a girl. 303 00:16:33,470 --> 00:16:35,140 He... 304 00:16:36,929 --> 00:16:38,679 he drugged and raped her. 305 00:16:40,553 --> 00:16:45,183 And then another teenage boy getting accused of 306 00:16:45,261 --> 00:16:49,761 sexual assault of a minor, 307 00:16:49,845 --> 00:16:51,465 he's living in the same house, 308 00:16:51,553 --> 00:16:54,803 rooms are next to each other, 309 00:16:54,887 --> 00:16:57,297 look exactly the same. 310 00:16:57,887 --> 00:17:00,177 You think that's a coincidence? 311 00:17:00,887 --> 00:17:02,507 I'm sitting here like: 312 00:17:02,595 --> 00:17:05,215 does that even put up any red flags? 313 00:17:05,303 --> 00:17:06,263 You know? 314 00:17:06,345 --> 00:17:08,675 Like what's the-- what's the chances of that? 315 00:17:09,303 --> 00:17:12,763 Where you have a crime th-that's occurred 316 00:17:12,845 --> 00:17:16,755 a-and you put the innocent person in prison 317 00:17:16,845 --> 00:17:20,175 necessarily means the other guy gets a skate 318 00:17:20,261 --> 00:17:22,011 and he's still out there. 319 00:17:22,345 --> 00:17:24,595 [Shawn] These charges have nothing to do with the 320 00:17:24,679 --> 00:17:25,969 Greg Kelley case. 321 00:17:26,053 --> 00:17:29,473 They came about because Johnathan McCarty was being 322 00:17:29,553 --> 00:17:32,853 looked at in the-- in the Greg Kelley case. 323 00:17:32,929 --> 00:17:34,469 You know, I know there were some allegations in some other 324 00:17:34,553 --> 00:17:37,223 counties but to my knowledge they're not prosecuting those 325 00:17:37,303 --> 00:17:39,183 cases in those other counties. 326 00:17:39,261 --> 00:17:41,011 But, you know, after consulting with the victim 327 00:17:41,095 --> 00:17:43,675 a number of times and, uh, you know, 328 00:17:43,762 --> 00:17:44,722 deciding what's best for her, 329 00:17:44,804 --> 00:17:46,554 what's best for the County, uh, 330 00:17:46,637 --> 00:17:49,177 but still holding Johnathan McCarty accountable, 331 00:17:49,261 --> 00:17:52,601 uh, we did agree to a plea involving an ul-- 332 00:17:52,679 --> 00:17:54,639 unlawful restraint and a delivery of a 333 00:17:54,720 --> 00:17:56,600 controlled substance to a minor. 334 00:17:56,929 --> 00:18:00,679 I don't expect Johnathan to be in prison forever. 335 00:18:00,762 --> 00:18:02,852 And to be honest, 336 00:18:02,929 --> 00:18:04,679 it doesn't make a difference to me. 337 00:18:04,762 --> 00:18:07,602 But what I care about and what I value is that he isn't able 338 00:18:07,679 --> 00:18:08,969 to do it to someone else. 339 00:18:09,053 --> 00:18:12,723 Whatever happens, whether he goes to prison for life 340 00:18:12,804 --> 00:18:16,724 or for four years or doesn't go at all, 341 00:18:16,804 --> 00:18:19,224 I want to make sure everyone knows who he is 342 00:18:19,303 --> 00:18:20,473 and what he did. 343 00:18:20,553 --> 00:18:22,723 And I want to make sure he can't do it to anyone else 344 00:18:22,804 --> 00:18:24,104 ever again. 345 00:18:24,470 --> 00:18:27,220 And we moved forward with that. 346 00:18:27,804 --> 00:18:32,014 In Cause Number 190249K through 68 to the second-- 347 00:18:32,095 --> 00:18:33,845 um, to the secondary felony charge of 348 00:18:33,929 --> 00:18:36,049 delivery of a controlled substance to a minor. 349 00:18:36,136 --> 00:18:38,676 Do you plead guilty or not guilty? 350 00:18:38,970 --> 00:18:42,100 And in Cause Number 190250K through 68 to the 351 00:18:42,178 --> 00:18:45,218 third degree felony charge of unlawful restraint 352 00:18:45,303 --> 00:18:47,683 with the intent to expose a serious bodily injury, 353 00:18:47,762 --> 00:18:49,222 do you plead guilty or not guilty? 354 00:18:49,720 --> 00:18:51,550 Are you pleading guilty in each of these cases 355 00:18:51,637 --> 00:18:53,797 because you are guilty and for no other reason? 356 00:18:56,804 --> 00:19:01,224 Uh, Mr. McCarty, because your case is unique in the fact 357 00:19:01,303 --> 00:19:03,553 that your name is probably never going to be 358 00:19:03,637 --> 00:19:06,927 removed from Google, um, I feel like the public notice 359 00:19:07,011 --> 00:19:09,221 requirement is-is met. 360 00:19:09,303 --> 00:19:11,263 So it's my intent and-and our understanding of this 361 00:19:11,345 --> 00:19:13,715 plea agreement that we are not requiring you 362 00:19:13,804 --> 00:19:16,264 and not, um-- the-the current law, 363 00:19:16,345 --> 00:19:18,675 it-it's our understanding that you are not going to be 364 00:19:18,762 --> 00:19:19,852 required to register as a sex offender. 365 00:19:19,929 --> 00:19:21,139 Do you understand that? 366 00:19:22,011 --> 00:19:24,851 [Shawn] He was being sentenced to four years in prison. 367 00:19:24,929 --> 00:19:28,099 And, uh, he also won't be allowed to expunge 368 00:19:28,178 --> 00:19:30,888 or erase the arrest for sexual assault. 369 00:19:30,970 --> 00:19:33,720 So he will be serving two of those years flat. 370 00:19:33,804 --> 00:19:35,354 He will become eligible for parole, 371 00:19:35,428 --> 00:19:39,098 but he still has a four-year sentence to finish serving out. 372 00:19:39,178 --> 00:19:41,098 I got sent to prison for 25 years, 373 00:19:41,178 --> 00:19:44,098 day for day, for something I absolutely did not do. 374 00:19:44,178 --> 00:19:46,048 And I would have to, at 44, get out 375 00:19:46,136 --> 00:19:48,136 and register for the rest of my life. 376 00:19:48,220 --> 00:19:49,350 That is a reality. 377 00:19:49,428 --> 00:19:52,388 That's a living nightmare for the rest of my life. 378 00:19:52,470 --> 00:19:55,680 And this guy actually admits that he did something 379 00:19:55,762 --> 00:19:58,802 and he's going for four years without registering? 380 00:19:58,887 --> 00:20:00,347 How does that even work? 381 00:20:00,804 --> 00:20:03,974 To me it was more valuable that we got something 382 00:20:04,053 --> 00:20:06,973 and that Johnathan was put away, 383 00:20:07,053 --> 00:20:09,053 for however long or however short, 384 00:20:09,136 --> 00:20:13,756 with the arrest of sexual assault of a minor tied to that. 385 00:20:14,178 --> 00:20:16,138 And that is what happened. 386 00:20:18,011 --> 00:20:20,261 If you look up his name, you know who he is. 387 00:20:20,345 --> 00:20:22,675 Everyone's going to know who he is. 388 00:20:22,762 --> 00:20:24,182 So to me, 389 00:20:24,261 --> 00:20:25,891 that's enough. 390 00:20:25,970 --> 00:20:29,350 [Shawn] I was careful not to, um, to tie our hands. 391 00:20:29,428 --> 00:20:32,388 If we learn of new information in the future, uh, 392 00:20:32,470 --> 00:20:35,260 then we certainly can still prosecute Johnathan McCarty. 393 00:20:35,345 --> 00:20:37,715 Uh, but at this point I'm just not seeing anything. 394 00:20:37,804 --> 00:20:39,974 And here we are, almost two years later into the 395 00:20:40,053 --> 00:20:42,183 Greg Kelley investigation. 396 00:20:42,261 --> 00:20:44,891 And the ball hasn't been advanced any further 397 00:20:44,970 --> 00:20:48,220 in terms of filing a case against Johnathan or, you know, 398 00:20:48,303 --> 00:20:50,143 Greg or the third suspect. 399 00:20:50,220 --> 00:20:53,180 And so at this time, I'm not seeing any reason, uh, 400 00:20:53,261 --> 00:20:54,971 to move forward with any other charges against 401 00:20:55,053 --> 00:20:57,933 Johnathan McCarty unless something changes. 402 00:21:00,470 --> 00:21:03,510 Towards the end of the-the process, 403 00:21:03,595 --> 00:21:06,135 before I got to acceptance and at peace with everything 404 00:21:06,220 --> 00:21:09,050 and processed everything, I was mad. 405 00:21:09,387 --> 00:21:11,547 And then I processed everything, 406 00:21:11,637 --> 00:21:13,887 now that all this information's coming up of everything 407 00:21:13,970 --> 00:21:15,510 that was done wrong, 408 00:21:15,595 --> 00:21:19,965 and that what I believe now is that what happened to me 409 00:21:20,053 --> 00:21:22,683 could have been completely prevented, 410 00:21:22,762 --> 00:21:25,052 I'm mad again. 411 00:21:25,136 --> 00:21:27,046 My abuser was essentially told: 412 00:21:27,136 --> 00:21:28,386 "We're not going to look at you. 413 00:21:28,470 --> 00:21:30,760 We're not going to go to your house. 414 00:21:30,845 --> 00:21:33,425 We're not going to ask you your name. 415 00:21:33,970 --> 00:21:35,470 You're fine." 416 00:21:36,095 --> 00:21:39,465 And it-- 417 00:21:39,553 --> 00:21:41,893 that just pisses me off. 418 00:21:41,970 --> 00:21:49,720 [low dramatic music] 419 00:21:49,804 --> 00:21:56,854 ♪♪♪ 420 00:21:56,929 --> 00:22:05,139 [traffic passing] 421 00:22:05,220 --> 00:22:07,800 [Greg] Gaebri and I have been in New York for-- 422 00:22:07,887 --> 00:22:11,597 I've been here a total of two and a half weeks. 423 00:22:11,679 --> 00:22:14,259 Gaebri got accepted into the Broadway Dance Center, 424 00:22:14,345 --> 00:22:16,925 uh, on a pro-semester for dance. 425 00:22:17,011 --> 00:22:19,351 But we sat down and we talked about it and we ultimately 426 00:22:19,428 --> 00:22:22,138 made a decision that I would come up here with her. 427 00:22:26,178 --> 00:22:29,298 We've got a little 400-square- foot studio apartment. 428 00:22:29,387 --> 00:22:32,177 And, uh, so far we're loving it. 429 00:22:32,261 --> 00:22:34,971 Uh, it's kind of small but I've been in smaller before. 430 00:22:35,053 --> 00:22:36,183 So... 431 00:22:36,261 --> 00:22:41,431 [upbeat music] 432 00:22:41,512 --> 00:22:43,852 If you just do-- if you search me right now, 433 00:22:43,929 --> 00:22:49,099 it says that I'm an inmate on the Wynne Unit of 434 00:22:49,178 --> 00:22:51,138 Hunstville, Texas and I'm bench-warranted 435 00:22:51,220 --> 00:22:52,180 to the Williamson County Jail. 436 00:22:52,261 --> 00:22:54,301 It doesn't even say that I'm free. 437 00:22:54,845 --> 00:22:57,135 So... 438 00:22:57,220 --> 00:22:58,890 I'm not free right now. 439 00:22:58,970 --> 00:23:00,260 I'm-I'm still locked up. 440 00:23:00,345 --> 00:23:02,965 And I feel that every day, 441 00:23:03,053 --> 00:23:04,013 that I'm not exonerated. 442 00:23:04,095 --> 00:23:06,425 I feel that every day, that I have to-- 443 00:23:06,512 --> 00:23:09,852 at 9:00 a.m. on a Wednesday I have to, you know, 444 00:23:09,929 --> 00:23:14,219 get in front of a list to see if I'm on it so I can, 445 00:23:14,303 --> 00:23:16,473 you know, hopefully go play football again 446 00:23:16,553 --> 00:23:19,263 because that's not even certain either. 447 00:23:21,136 --> 00:23:23,426 This does not feel like freedom at all. 448 00:23:23,512 --> 00:23:28,552 [dramatic music] 449 00:23:28,637 --> 00:23:33,257 After going through three years in prison and [sighs], 450 00:23:33,345 --> 00:23:38,635 you know, having to go through the heartaches of that place, 451 00:23:38,720 --> 00:23:41,890 um... 452 00:23:41,970 --> 00:23:46,510 I think I now would tell myself, 453 00:23:46,595 --> 00:23:50,545 my 19-year-old self, 454 00:23:50,637 --> 00:23:53,007 not to stay so quiet, 455 00:23:53,095 --> 00:23:54,715 to be a little bit more brave, 456 00:23:54,804 --> 00:23:58,804 to be a little bit more courageous to say yes and no, 457 00:23:58,887 --> 00:24:01,887 to make sure that I have an attorney that cares for me 458 00:24:01,970 --> 00:24:05,050 that's looking out for my best interest. 459 00:24:06,303 --> 00:24:07,223 Because I didn't know the law. 460 00:24:07,303 --> 00:24:08,393 I didn't-- I didn't study. 461 00:24:08,470 --> 00:24:10,510 I didn't even know my-my rights. 462 00:24:10,595 --> 00:24:15,715 I was trusting people with my life that, 463 00:24:15,804 --> 00:24:19,304 you know, I had no idea that was working against me. 464 00:24:20,804 --> 00:24:21,974 So... 465 00:24:24,345 --> 00:24:25,345 yeah. 466 00:24:25,428 --> 00:24:36,388 [dramatic music] 467 00:24:37,136 --> 00:24:39,506 Texas Court of Criminal Appeals. 468 00:24:42,845 --> 00:24:44,595 These are the people that are going to be determining 469 00:24:44,679 --> 00:24:46,639 my fate pretty much. 470 00:24:48,637 --> 00:24:51,007 Keith was like, "This is the longest I have ever 471 00:24:51,095 --> 00:24:53,925 had a case in the CCA." 472 00:24:54,845 --> 00:24:56,345 He says this is not normal. 473 00:24:58,512 --> 00:24:59,352 Yeah. 474 00:24:59,428 --> 00:25:01,428 They've had my case for-- 475 00:25:01,512 --> 00:25:04,602 since December 20th of '17. 476 00:25:06,595 --> 00:25:09,465 Yeah, it's November 6th of '19 right now. 477 00:25:09,553 --> 00:25:17,393 [low dramatic music] 478 00:25:17,470 --> 00:25:19,220 I don't think they're going to lose sleep for sending 479 00:25:19,303 --> 00:25:21,473 somebody back to prison. 480 00:25:23,512 --> 00:25:26,472 I know that there's parties that are against me 481 00:25:26,553 --> 00:25:28,053 that don't want me to get exonerated. 482 00:25:28,136 --> 00:25:29,966 And the thing I worry about the most is: 483 00:25:30,053 --> 00:25:34,553 are these people persuading the CCA to make bad decisions? 484 00:25:38,095 --> 00:25:39,135 Well, 10:00. 485 00:25:39,220 --> 00:25:41,390 You ready? 486 00:25:53,178 --> 00:25:54,548 [exhales sharply] 487 00:25:59,845 --> 00:26:01,005 Relief granted. 488 00:26:03,095 --> 00:26:11,005 [crying] 489 00:26:11,095 --> 00:26:12,675 Finally. 490 00:26:13,804 --> 00:26:15,514 [crying] 491 00:26:15,595 --> 00:26:16,845 Thank God. 492 00:26:16,929 --> 00:26:21,259 [crying] 493 00:26:21,345 --> 00:26:22,505 I've got to text Gaebri. 494 00:26:22,595 --> 00:26:29,255 [shakey breathing] 495 00:26:35,887 --> 00:26:38,257 Whoo, man! 496 00:26:46,220 --> 00:26:47,260 Hey, Keith? 497 00:26:49,929 --> 00:26:51,389 Oh, man, dude. 498 00:26:51,470 --> 00:26:54,720 I'm so-- I'm so pumped, dude. 499 00:26:57,470 --> 00:27:01,470 Uh, dude-- I've-I've been freakin' stressin' all week. 500 00:27:03,136 --> 00:27:04,296 Oh, man. 501 00:27:08,220 --> 00:27:09,640 Oh, my gosh. 502 00:27:11,303 --> 00:27:12,643 This is so unreal. 503 00:27:34,637 --> 00:27:37,427 Dude, I'm in-- the past-- the past six years of my life 504 00:27:37,512 --> 00:27:40,762 is just flashing before my eyes right now. 505 00:27:41,553 --> 00:27:42,603 I just can't-- 506 00:27:42,679 --> 00:27:44,639 man, this is-- 507 00:27:44,720 --> 00:27:46,600 this is so awesome. 508 00:27:48,679 --> 00:27:51,179 I l-- I literally feel-- I mean, I feel free. 509 00:27:56,679 --> 00:28:00,799 [unintelligible muffled talking] 510 00:28:00,887 --> 00:28:05,297 [Gaebri] [crying] 511 00:28:05,387 --> 00:28:06,677 This is over. 512 00:28:06,762 --> 00:28:13,472 [crying] 513 00:28:13,553 --> 00:28:14,433 It's over. 514 00:28:14,512 --> 00:28:18,392 [crying] 515 00:28:18,470 --> 00:28:21,760 I ran so fast I'm out of breath. 516 00:28:21,845 --> 00:28:24,295 [crying] 517 00:28:24,387 --> 00:28:25,427 This nightmare is over. 518 00:28:25,512 --> 00:28:26,802 I know, I'm so excited. 519 00:28:26,887 --> 00:28:28,427 Thank God. 520 00:28:28,720 --> 00:28:29,970 Thank God. 521 00:28:30,053 --> 00:28:38,803 [crying] 522 00:28:43,804 --> 00:28:45,434 Oh, my gosh. 523 00:28:47,011 --> 00:28:48,351 Exonerated, 524 00:28:48,428 --> 00:28:49,888 fully exonerated. 525 00:28:51,387 --> 00:28:52,677 Or h-- what does it say at the top? 526 00:28:52,762 --> 00:28:54,512 It doesn't matter what it says. 527 00:28:54,595 --> 00:28:56,885 It says that relief has been granted. 528 00:28:57,387 --> 00:28:58,757 Oh, my gosh. 529 00:29:00,428 --> 00:29:01,888 Oh, my gosh. 530 00:29:04,261 --> 00:29:05,681 Keith said that he's doing a press conference. 531 00:29:05,762 --> 00:29:07,352 He's going to call me back. 532 00:29:07,428 --> 00:29:09,258 He says, "I'm-I'm trying to get ex-- get you compensated 533 00:29:09,345 --> 00:29:10,595 as soon as possible." 534 00:29:10,679 --> 00:29:12,179 He says, "We're-- you're going to get compensated, 535 00:29:12,261 --> 00:29:13,761 man, really quick." 536 00:29:13,845 --> 00:29:15,505 I just can't believe this is happening. 537 00:29:15,595 --> 00:29:17,215 We totally thought-- - He s-- he said-- he said, 538 00:29:17,303 --> 00:29:18,553 "I've got to do a press conference. 539 00:29:18,637 --> 00:29:20,347 I'm going to talk and we're going to get a hearing date set 540 00:29:20,428 --> 00:29:21,508 for your exoneration. 541 00:29:21,595 --> 00:29:23,845 And everybody's going to be there." 542 00:29:24,887 --> 00:29:26,387 It's over with. 543 00:29:26,470 --> 00:29:27,800 [Gaebri] [squeals] 544 00:29:28,970 --> 00:29:30,510 This is so exciting, 545 00:29:30,595 --> 00:29:31,385 best day ever-- 546 00:29:31,470 --> 00:29:32,720 what is today? 547 00:29:32,804 --> 00:29:33,554 November-- 548 00:29:33,637 --> 00:29:34,427 November 6th. 549 00:29:34,512 --> 00:29:35,682 [Gaebri] November 6th. 550 00:29:35,762 --> 00:29:37,052 [Bryan Mays] He served. 551 00:29:37,136 --> 00:29:38,216 He's been out on bond now for a couple of years 552 00:29:38,303 --> 00:29:41,723 while this whole appeals process has played out. 553 00:29:41,804 --> 00:29:43,604 And today that came to an end. 554 00:29:43,679 --> 00:29:45,889 The Texas Court of Criminal Appeals 555 00:29:45,970 --> 00:29:47,890 has just ruled in his favor, 556 00:29:47,970 --> 00:29:50,390 overturning the guilty verdict against him 557 00:29:50,470 --> 00:29:53,430 essentially saying Greg Kelley didn't do it. 558 00:29:53,512 --> 00:29:55,472 [female reporter] The former Leander High School football 559 00:29:55,553 --> 00:29:58,553 player convicted of sexually assaulting a child 560 00:29:58,637 --> 00:30:00,047 will not go back to prison. 561 00:30:00,136 --> 00:30:01,346 [female reporter] A major decision today from the 562 00:30:01,428 --> 00:30:04,888 state's highest criminal court undoes the conviction of 563 00:30:04,970 --> 00:30:08,010 Greg Kelley and clears his name once and for all. 564 00:30:08,637 --> 00:30:11,297 When I read-- I had to read the phrase 565 00:30:11,387 --> 00:30:13,427 "relief granted" two or three times 566 00:30:13,512 --> 00:30:16,682 before I punched my cell phone. 567 00:30:16,762 --> 00:30:18,932 First call of course was to Greg. 568 00:30:19,011 --> 00:30:23,931 Um, and he, uh, reacted, you know, 569 00:30:24,011 --> 00:30:26,931 emotionally, as you might guess. 570 00:30:27,011 --> 00:30:30,801 I just needed to reassure him that everyone on the 571 00:30:30,887 --> 00:30:33,257 Court of Criminal Appeals 572 00:30:33,345 --> 00:30:36,545 voted in favor of granting him relief. 573 00:30:36,637 --> 00:30:40,387 So, uh-- and he was overjoyed. 574 00:30:40,470 --> 00:30:41,930 One of the things he said was, 575 00:30:42,011 --> 00:30:45,851 uh, that the last six years of his life flashed before him. 576 00:30:48,720 --> 00:30:51,350 So at least he can move on. 577 00:30:51,428 --> 00:30:52,758 He's been in limbo, you know. 578 00:30:52,845 --> 00:30:54,965 He's been checking in with a bondsman for the last 579 00:30:55,053 --> 00:30:57,433 two and a half years. 580 00:30:57,512 --> 00:31:01,222 He couldn't play ball, uh, you know. 581 00:31:01,303 --> 00:31:02,893 I mean the guy-- 582 00:31:05,512 --> 00:31:09,892 [getting choked up] 583 00:31:12,387 --> 00:31:15,677 uh, he suffered these last two years. 584 00:31:15,762 --> 00:31:26,892 [dramatic music] 585 00:31:26,970 --> 00:31:30,510 The next step is that we're going to set a date 586 00:31:30,595 --> 00:31:34,505 for a hearing before Judge King, 587 00:31:34,595 --> 00:31:37,675 uh, on a motion filed by the District Attorney, 588 00:31:37,762 --> 00:31:41,802 Shawn Dick, uh, and have a hearing 589 00:31:41,887 --> 00:31:47,677 in which he will be publicly and very specifically, uh, 590 00:31:47,762 --> 00:31:51,552 exonerated with the sort of language that he deserves. 591 00:31:53,387 --> 00:31:57,007 The Williamson County District Attorney ought to be 592 00:31:57,095 --> 00:31:59,925 the person other DAs emulate. 593 00:32:00,428 --> 00:32:02,758 So you look fairly at a case 594 00:32:02,845 --> 00:32:06,005 and where you find that your office was wrong, 595 00:32:06,095 --> 00:32:07,095 you correct it. 596 00:32:07,178 --> 00:32:09,008 And that's what he did. 597 00:32:09,095 --> 00:32:12,345 And I don't understand why other DAs cannot-- 598 00:32:12,428 --> 00:32:13,178 cannot do that. 599 00:32:13,261 --> 00:32:14,761 But he did. 600 00:32:14,845 --> 00:32:18,675 So, um, you know, today I think really this is, 601 00:32:18,762 --> 00:32:21,012 uh, about two families. 602 00:32:21,095 --> 00:32:24,045 Um, and so the first family I-I want to mention is, uh, 603 00:32:24,136 --> 00:32:28,596 the family of the child that's gone through, um, 604 00:32:28,679 --> 00:32:33,009 six years of trial and retrial and appellate proceedings. 605 00:32:33,095 --> 00:32:36,595 And so obviously, um, my thoughts are with them today, 606 00:32:36,679 --> 00:32:38,969 um, you know, just having to relive this. 607 00:32:39,053 --> 00:32:41,723 And it obviously isn't ideal for any of us. 608 00:32:41,804 --> 00:32:43,724 I also think today really is about Greg Kelley 609 00:32:43,804 --> 00:32:46,054 and his family and, um, 610 00:32:46,136 --> 00:32:48,926 you know, the relief that they must feel at this point. 611 00:32:49,011 --> 00:32:51,721 Uh, as I said from the very beginning, 612 00:32:51,804 --> 00:32:54,054 this case is not one that, uh-- 613 00:32:54,136 --> 00:32:55,966 it's not a conviction that we could stand by. 614 00:32:56,053 --> 00:32:58,603 It's not a case that I could stand by. 615 00:32:58,679 --> 00:33:05,889 [low dramatic music] 616 00:33:05,970 --> 00:33:08,100 [Greg] I've never felt more free in my whole life. 617 00:33:12,178 --> 00:33:13,798 And now that I'm free, 618 00:33:13,887 --> 00:33:16,177 I can finally go and go do what I love, 619 00:33:16,261 --> 00:33:18,601 which is play football, 620 00:33:18,679 --> 00:33:20,429 and-and just be free and enjoy freedom 621 00:33:20,512 --> 00:33:24,472 and the things that, you know, being free comes with. 622 00:33:27,178 --> 00:33:29,548 I've got a lot to look forward to and I'm-I'm just-- 623 00:33:29,637 --> 00:33:30,757 I'm just happy. 624 00:33:30,845 --> 00:33:38,795 [uplifting music] 625 00:33:38,887 --> 00:33:48,547 ♪♪♪ 626 00:33:48,637 --> 00:33:50,297 [female reporter] Now to our continuing coverage of the 627 00:33:50,387 --> 00:33:53,137 Greg Kelley case, several people are calling on the 628 00:33:53,220 --> 00:33:56,470 Cedar Park City Council to fire the police chief 629 00:33:56,553 --> 00:33:59,643 and lead detective over that investigation. 630 00:33:59,720 --> 00:34:02,140 Following Kelley's conviction in 2014, 631 00:34:02,220 --> 00:34:05,140 Cedar Park Police Chief Sean Mannix e-mailed a letter 632 00:34:05,220 --> 00:34:07,930 to his officers calling the Fight for GK movement 633 00:34:08,011 --> 00:34:11,391 cult-like with no interest of seeking the truth. 634 00:34:11,470 --> 00:34:14,640 Those words came back to haunt Mannix when Kelley's case 635 00:34:14,720 --> 00:34:17,680 was retried and his conviction overturned. 636 00:34:17,762 --> 00:34:19,142 [male speaker] You have our District Attorney, 637 00:34:19,220 --> 00:34:21,800 a Texas Ranger and a county judge that, uh-- 638 00:34:21,887 --> 00:34:24,507 investigation that was totally inadequate. 639 00:34:24,595 --> 00:34:27,545 As a 33-y-year resident of Cedar Park, 640 00:34:27,637 --> 00:34:30,967 I never dreamed that an innocent young man could 641 00:34:31,053 --> 00:34:33,763 be ruined by such an incompetent investigation. 642 00:34:33,845 --> 00:34:35,755 The only way to bring back confidence in our 643 00:34:35,845 --> 00:34:38,635 police department is to fire the Chief of Police 644 00:34:38,720 --> 00:34:40,970 and Detective Dailey immediately. 645 00:34:41,053 --> 00:34:43,013 This should have changed a long time ago. 646 00:34:43,095 --> 00:34:46,005 If this was any of your sons or daughters, 647 00:34:46,095 --> 00:34:49,845 you wouldn't want Dailey investigating 648 00:34:49,929 --> 00:34:52,259 allegations against them. 649 00:34:52,345 --> 00:34:56,715 You-you wouldn't want Mannix backing up their play. 650 00:34:57,261 --> 00:34:59,011 You've got the information to make a decision. 651 00:34:59,095 --> 00:35:00,715 You've been elected to make a decision. 652 00:35:00,804 --> 00:35:03,894 Now either do it or take the consequences 653 00:35:03,970 --> 00:35:05,640 of not making that decision. 654 00:35:05,720 --> 00:35:08,220 Please do the right thing so that you can be 655 00:35:08,303 --> 00:35:11,223 part of the solution and not part of the problem. 656 00:35:11,887 --> 00:35:13,757 [Mayor] Also, resident Keith Hampton, 657 00:35:13,845 --> 00:35:17,215 uh, wishes to speak on legal clarity regarding Greg Kelley. 658 00:35:17,303 --> 00:35:19,723 Uh, Mr. Mayor, council members, um, 659 00:35:19,804 --> 00:35:20,854 I'm Keith Hampton. 660 00:35:20,929 --> 00:35:22,509 I'm Greg Kelley's attorney. 661 00:35:22,595 --> 00:35:28,885 Um, the reason I'm really here is I read this statement 662 00:35:28,970 --> 00:35:31,970 by the, uh, Chief of Police: 663 00:35:34,095 --> 00:35:36,965 "As Justice Newell's concurring opinion indicates, 664 00:35:37,053 --> 00:35:40,763 this relief was based on new evidence post-conviction 665 00:35:40,845 --> 00:35:44,255 and not on the grounds of deprivation of due process 666 00:35:44,345 --> 00:35:46,675 or ineffective assistance of counsel." 667 00:35:46,762 --> 00:35:50,762 That's wrong and, uh, it's demonstrably wrong. 668 00:35:50,845 --> 00:35:54,885 Um, what actually happened is that all nine judges agreed 669 00:35:54,970 --> 00:35:56,680 that Greg Kelley is innocent. 670 00:35:56,762 --> 00:36:00,262 They agreed that he proved by clear and convincing evidence 671 00:36:00,345 --> 00:36:03,505 that no reasonable jury would ever convict him 672 00:36:03,595 --> 00:36:06,675 based on all of the evidence, including the new evidence. 673 00:36:06,762 --> 00:36:09,262 Five judges, at least five judges-- 674 00:36:09,345 --> 00:36:11,715 and five is a majority at that court; 675 00:36:11,804 --> 00:36:15,104 nine judges, five is a win-- 676 00:36:15,178 --> 00:36:17,098 five judges said-- 677 00:36:17,178 --> 00:36:21,048 agreed and upheld Judge Donna King's findings, 678 00:36:21,136 --> 00:36:24,176 upheld them, did not disturb them. 679 00:36:24,720 --> 00:36:26,930 I want to read a couple of them. 680 00:36:27,595 --> 00:36:31,215 Detective Dailey's decision to obtain an arrest warrant 681 00:36:31,303 --> 00:36:33,473 commencing process of prosecution without further 682 00:36:33,553 --> 00:36:36,303 investigation deprived applicant of due process. 683 00:36:36,387 --> 00:36:39,137 His action was reckless and uninformed. 684 00:36:39,220 --> 00:36:43,970 He's not credible, and what he did was made in bad faith. 685 00:36:44,053 --> 00:36:45,353 [Mayor] All right, thank you. 686 00:36:45,428 --> 00:36:46,848 Yes, sir. 687 00:36:48,887 --> 00:36:52,387 Bad faith on the part of police 688 00:36:52,470 --> 00:36:57,890 involves corrupt behavior-- 689 00:36:57,970 --> 00:36:59,600 concocting charges, 690 00:36:59,679 --> 00:37:00,969 framing people, 691 00:37:01,053 --> 00:37:02,973 con-concealing things, 692 00:37:03,053 --> 00:37:05,263 fabricating evidence, 693 00:37:05,345 --> 00:37:08,925 basically working not for the truth, 694 00:37:09,011 --> 00:37:13,391 but to ensnare somebody to get them convicted. 695 00:37:13,804 --> 00:37:15,264 And that's what they did. 696 00:37:18,970 --> 00:37:19,760 [Mayor] Um, does someone want to-- 697 00:37:19,845 --> 00:37:21,175 [Rosa] Mr. Mayor-- 698 00:37:21,261 --> 00:37:22,261 I'm sorry. 699 00:37:24,095 --> 00:37:25,675 I don't-- - You have to-- 700 00:37:25,762 --> 00:37:28,392 you have to fill out a-- register to talk. 701 00:37:28,470 --> 00:37:29,390 [man] For real? 702 00:37:29,470 --> 00:37:30,350 Can you-- can you please be decent? 703 00:37:30,428 --> 00:37:31,638 Can you-- can you give me that, please? 704 00:37:31,720 --> 00:37:34,010 - She can come up here. - Can you give me that, please? 705 00:37:34,095 --> 00:37:35,005 [Mayor] You can go do it. 706 00:37:35,095 --> 00:37:36,295 Can you please, Mom? Go. 707 00:37:36,387 --> 00:37:38,137 [Mayor] We just-- it means-- we have to do that. 708 00:37:38,220 --> 00:37:39,850 [woman] I'd be more than happy to wait. 709 00:37:45,428 --> 00:37:47,298 [Mayor] We'll take the time to register. 710 00:39:45,053 --> 00:39:53,263 [applause] 711 00:39:56,053 --> 00:39:58,183 Cedar Park Police Department 712 00:39:58,261 --> 00:40:03,801 should be held fully accountable for their behavior, 713 00:40:03,887 --> 00:40:09,677 not just in their bad-faith pursuit of Greg Kelley 714 00:40:09,762 --> 00:40:13,552 but also for 715 00:40:13,637 --> 00:40:18,217 letting the guilty party go free 716 00:40:18,303 --> 00:40:23,103 to commit additional crimes and ruin other people's lives. 717 00:40:23,595 --> 00:40:29,175 I hope Greg can look to a bright future 718 00:40:29,261 --> 00:40:31,551 and get on with his life. 719 00:40:31,637 --> 00:40:34,507 I'm delighted that he's about to get married. 720 00:40:34,595 --> 00:40:37,425 He's not the teenager that started. 721 00:40:37,512 --> 00:40:39,352 He's a young man now. 722 00:40:39,428 --> 00:40:42,508 He had some years taken from him that, 723 00:40:42,595 --> 00:40:45,215 as an athlete, were very valuable. 724 00:40:45,303 --> 00:40:46,853 And he can't get those back. 725 00:40:46,929 --> 00:40:49,139 But he's free. 726 00:40:49,637 --> 00:40:53,927 Uh, he-- he's won a unanimous declaration of his innocence. 727 00:40:54,011 --> 00:40:55,351 He's proved it. 728 00:40:55,428 --> 00:40:57,548 And we're-- 729 00:40:57,637 --> 00:41:02,217 the society is about to be able to give back 730 00:41:02,303 --> 00:41:06,183 what it can in a form of compensation, 731 00:41:06,261 --> 00:41:08,051 which is the most that we can do, 732 00:41:08,136 --> 00:41:09,636 along with an apology. 733 00:41:09,720 --> 00:41:17,220 [dramatic music] 734 00:41:17,303 --> 00:41:18,513 [Clerk] All rise, please. 735 00:41:18,595 --> 00:41:20,755 The 26th District Court of Williamson County, Texas is 736 00:41:20,845 --> 00:41:23,345 now in session, the Honorable Donna King presiding. 737 00:41:23,428 --> 00:41:25,298 [Judge King] Good morning, be seated. 738 00:41:25,387 --> 00:41:29,927 I now call to be heard Cause Number 131367K26, 739 00:41:30,011 --> 00:41:33,511 the State of Texas versus Gregory Raymond Kelley. 740 00:41:33,595 --> 00:41:35,505 Mr. Kelley, would you please approach the bench? 741 00:41:44,178 --> 00:41:47,098 Five and a half years ago, 742 00:41:47,178 --> 00:41:50,598 at 18 years old, you stood in this courtroom 743 00:41:50,679 --> 00:41:52,429 and pleaded not guilty to the charge of 744 00:41:52,512 --> 00:41:55,682 super aggravated sexual assault of a child. 745 00:41:55,762 --> 00:41:57,972 You maintained your innocence 746 00:41:58,053 --> 00:42:00,103 and exercised your constitutional right 747 00:42:00,178 --> 00:42:02,218 to a jury trial. 748 00:42:02,303 --> 00:42:04,013 Believing in the process, 749 00:42:04,095 --> 00:42:07,005 you trusted that the right outcome would result 750 00:42:07,095 --> 00:42:09,175 and that justice would prevail. 751 00:42:09,637 --> 00:42:12,257 Your case was polarizing 752 00:42:12,345 --> 00:42:15,635 and drew the attention of many in our community. 753 00:42:15,720 --> 00:42:17,390 Then came the jury's verdict. 754 00:42:17,470 --> 00:42:18,640 [jury foreman] We the jury find the defendant 755 00:42:18,720 --> 00:42:22,430 Gregory Kelley guilty of the offense of 756 00:42:22,512 --> 00:42:24,642 super aggravated sexual assault. 757 00:42:24,720 --> 00:42:27,550 [Judge King] And on that day in July of 2014, 758 00:42:27,637 --> 00:42:30,597 when you were sentenced to 25 years in prison, 759 00:42:30,679 --> 00:42:33,299 many participants and onlookers concluded 760 00:42:33,387 --> 00:42:36,137 that justice was served. 761 00:42:36,220 --> 00:42:38,550 We now know differently. 762 00:42:39,053 --> 00:42:43,013 Mr. Kelley, when you received the jury's verdict at your trial 763 00:42:43,095 --> 00:42:45,045 you stood, 764 00:42:45,136 --> 00:42:48,006 I believe at that table right over there, 765 00:42:48,095 --> 00:42:51,595 without the benefit or comfort of your family. 766 00:42:51,679 --> 00:42:54,639 So at this time I'd like to invite your mom 767 00:42:54,720 --> 00:42:57,680 and Gaebri to stand by you 768 00:42:57,762 --> 00:43:00,552 as we bring this season to a close 769 00:43:00,637 --> 00:43:02,047 and start anew. 770 00:43:05,428 --> 00:43:06,718 The Court of Criminal Appeals 771 00:43:06,804 --> 00:43:09,434 has granted habeas corpus relief. 772 00:43:09,512 --> 00:43:12,852 I can now say what you deserve to hear 773 00:43:12,929 --> 00:43:16,549 publicly and on behalf of the citizens of Williamson County 774 00:43:16,637 --> 00:43:18,717 and of the State of Texas: 775 00:43:18,804 --> 00:43:22,224 Mr. Kelley, with the full weight of the law 776 00:43:22,303 --> 00:43:24,263 and provision for justice, 777 00:43:24,345 --> 00:43:27,635 as much as humanity can provide, 778 00:43:27,720 --> 00:43:30,600 you have carried your burden under the law. 779 00:43:30,679 --> 00:43:33,389 Proving your innocence, 780 00:43:33,470 --> 00:43:35,640 you now have the right to proc-proclaim 781 00:43:35,720 --> 00:43:40,600 to the citizens of Texas that you are innocent. 782 00:43:40,679 --> 00:43:45,549 And with nine other judges in agreement, 783 00:43:45,637 --> 00:43:50,387 I declare you innocent and that you are fully exonerated. 784 00:43:50,470 --> 00:44:02,430 [applause and cheering] 785 00:44:02,512 --> 00:44:04,222 And therefore, at this time, 786 00:44:04,303 --> 00:44:07,603 the State's motion to dismiss the indictment is granted. 787 00:44:07,679 --> 00:44:09,889 What was is no longer. 788 00:44:09,970 --> 00:44:11,100 [gavel pounds] 789 00:44:11,178 --> 00:44:16,258 [applause] 790 00:44:17,261 --> 00:44:19,511 [Greg] This is the day we've been fighting for 791 00:44:19,595 --> 00:44:22,135 for a long time now. 792 00:44:22,220 --> 00:44:24,600 The heartache, worry and long suffering 793 00:44:24,679 --> 00:44:27,299 have taken an indescribable toll on me, 794 00:44:27,387 --> 00:44:29,637 my fiancée and our families. 795 00:44:30,011 --> 00:44:33,801 Truth and nothing but the truth was the goal here. 796 00:44:34,220 --> 00:44:37,350 Ultimately, truth would be the catalyst that would supply 797 00:44:37,428 --> 00:44:40,298 justice for all parties that were wronged. 798 00:44:41,011 --> 00:44:42,641 The Cedar Park Police Department deprived 799 00:44:42,720 --> 00:44:46,430 not only me but the victim here. 800 00:44:46,512 --> 00:44:48,802 To the victim and his family, 801 00:44:48,887 --> 00:44:52,137 I am absolutely sorry you have to go through this. 802 00:44:53,387 --> 00:44:55,797 Believe me, your opinion matters. 803 00:44:56,553 --> 00:45:00,103 For six years, I not only had to fight to prove to the State 804 00:45:00,178 --> 00:45:01,968 I didn't do this, 805 00:45:02,053 --> 00:45:05,853 but I also had to fight to prove to you that I didn't do this. 806 00:45:07,679 --> 00:45:10,349 The justice system failed me and you. 807 00:45:10,929 --> 00:45:15,299 Today I receive justice while you remain failed. 808 00:45:15,387 --> 00:45:18,297 If anything is going to drive me to seek accountability 809 00:45:18,387 --> 00:45:21,467 of certain individuals, it's going to be because 810 00:45:21,553 --> 00:45:25,513 all victims deserve justice the first time around. 811 00:45:25,595 --> 00:45:27,255 I pray you have peace. 812 00:45:28,845 --> 00:45:31,175 To my family, 813 00:45:31,261 --> 00:45:32,181 my brothers, 814 00:45:32,261 --> 00:45:33,551 my sister, 815 00:45:33,637 --> 00:45:36,717 thank you so much for being by my side. 816 00:45:37,345 --> 00:45:40,255 You're the best family that anybody could ever ask for. 817 00:45:41,470 --> 00:45:45,930 The fear of me being torn away from them again is over. 818 00:45:46,011 --> 00:45:48,141 And I can't wait to spend the rest of my life 819 00:45:48,220 --> 00:45:50,680 creating wonderful memories with the people I hold 820 00:45:50,762 --> 00:45:52,222 near and dear to my heart. 821 00:45:52,303 --> 00:45:59,223 [uplifting music] 822 00:45:59,303 --> 00:46:06,553 ♪♪♪ 823 00:46:06,637 --> 00:46:09,047 Thank you, Jake Brydon. 824 00:46:09,136 --> 00:46:13,926 You had no idea who I was days after my conviction. 825 00:46:14,011 --> 00:46:16,971 You called my broken mother 826 00:46:17,053 --> 00:46:19,183 and promised her you would do everything you could 827 00:46:19,261 --> 00:46:20,601 to fight for me. 828 00:46:20,679 --> 00:46:23,389 I often wondered if you were an angel 829 00:46:23,470 --> 00:46:26,390 until I heard your mouth open to save my life. 830 00:46:26,470 --> 00:46:30,470 [laughter] 831 00:46:30,553 --> 00:46:32,393 You are the mouth of the South. 832 00:46:32,470 --> 00:46:33,890 I'm forever grateful. 833 00:46:37,720 --> 00:46:40,220 Thank you, Keith Hampton, 834 00:46:40,303 --> 00:46:42,763 for believing in me when I was the most broken. 835 00:46:43,637 --> 00:46:46,507 Thank you for taking this on when you had absolutely 836 00:46:46,595 --> 00:46:49,635 no idea what you were getting yourself into. 837 00:46:51,178 --> 00:46:54,598 If Marvel Comics ever wanted to create an Attorney Man, 838 00:46:54,679 --> 00:46:56,349 [laughter] 839 00:46:56,428 --> 00:46:58,428 I'd say slap some Spandex on Keith 840 00:46:58,512 --> 00:47:00,102 because he's the man for the job. 841 00:47:00,178 --> 00:47:02,008 [laughter] 842 00:47:05,053 --> 00:47:08,553 To my soon-to-be bride, 843 00:47:08,637 --> 00:47:10,597 I can only imagine the strength it took 844 00:47:10,679 --> 00:47:12,509 to faithfully stick by me. 845 00:47:13,929 --> 00:47:16,679 As teenagers, you never doubted me. 846 00:47:16,762 --> 00:47:18,762 You carried the burden of being attached to me 847 00:47:18,845 --> 00:47:21,295 while the world was calling me a monster. 848 00:47:22,929 --> 00:47:25,599 As we fought to prove my innocence, you never stopped 849 00:47:25,679 --> 00:47:27,759 unconditionally loving me. 850 00:47:30,095 --> 00:47:31,425 You kept me alive. 851 00:47:31,512 --> 00:47:35,392 [crying] 852 00:47:35,470 --> 00:47:37,600 You gave me hope to come home 853 00:47:37,679 --> 00:47:38,969 and I love you so much. 854 00:47:39,053 --> 00:47:41,803 I can't wait to spend the rest of my life with you. 855 00:47:46,470 --> 00:47:48,470 [Jake] Well, with the power vested in me 856 00:47:48,553 --> 00:47:51,303 by the great state of Texas, 857 00:47:51,387 --> 00:47:52,677 God, 858 00:47:52,762 --> 00:47:54,602 and the Court of Criminal Appeals, 859 00:47:54,679 --> 00:47:57,719 [laughter] 860 00:47:57,804 --> 00:47:58,804 I pronounce you man and wife. 861 00:47:58,887 --> 00:48:00,347 Greg, you may kiss your bride. 862 00:48:00,428 --> 00:48:05,638 [applause and cheers] 863 00:48:05,720 --> 00:48:07,760 Keith, would you do me the honor 864 00:48:07,845 --> 00:48:11,095 in announcing this couple for the very first time? 865 00:48:11,178 --> 00:48:12,888 It's my pleasure 866 00:48:12,970 --> 00:48:15,680 to give to you for the first time anywhere 867 00:48:15,762 --> 00:48:19,512 Mr. and Mrs. Greg and Gaebri Kelley. 868 00:48:19,595 --> 00:48:26,095 [applause and cheers] 869 00:48:35,261 --> 00:48:38,851 Well, this was a case where if everything could go wrong 870 00:48:38,929 --> 00:48:41,889 for somebody, it did: 871 00:48:41,970 --> 00:48:44,510 bad investigation, 872 00:48:44,595 --> 00:48:47,885 defense lawyer with blinders on, 873 00:48:47,970 --> 00:48:52,100 all of the evidence that was not produced for that jury. 874 00:48:52,178 --> 00:48:56,758 It's as if there were dark forces every step of the way. 875 00:48:56,845 --> 00:48:59,545 In this case, I feel like we lost the truth long ago. 876 00:48:59,637 --> 00:49:03,467 I-I think that at that time there were a lot of elements 877 00:49:03,553 --> 00:49:07,013 that we could have checked off if a thorough investigation 878 00:49:07,095 --> 00:49:08,965 was done in the very beginning. 879 00:49:09,053 --> 00:49:11,723 And a lot of these questions that we still have to this day 880 00:49:11,804 --> 00:49:13,554 could have been answered. 881 00:49:13,637 --> 00:49:16,047 Now knowing what I know, 882 00:49:16,136 --> 00:49:20,006 I completely believe that if there had even been 883 00:49:20,095 --> 00:49:24,045 just this much more investigation, 884 00:49:24,136 --> 00:49:25,716 if they had gone to the house, 885 00:49:25,804 --> 00:49:29,054 if they had talked to Johnathan, 886 00:49:29,136 --> 00:49:32,886 if just one person had caught one thing, 887 00:49:32,970 --> 00:49:35,430 I would not be sitting here 888 00:49:35,512 --> 00:49:37,102 and this would not have happened to me. 889 00:49:37,178 --> 00:49:40,848 And it would not have happened to countless other girls. 890 00:49:42,345 --> 00:49:44,505 You know, if really it was just a bad police investigation 891 00:49:44,595 --> 00:49:46,465 but everyone else did their job along the way, 892 00:49:46,553 --> 00:49:48,223 maybe this never happens at all. 893 00:49:48,303 --> 00:49:50,603 But you still had prosecutors that allowed that to happen. 894 00:49:50,679 --> 00:49:52,099 You still had prosecutors that chose to take 895 00:49:52,178 --> 00:49:54,508 those cases to trial. 896 00:49:54,595 --> 00:49:56,885 These cases are-are very tough. 897 00:49:56,970 --> 00:49:59,760 You know, to-to try a case with two four-year-old victims 898 00:49:59,845 --> 00:50:00,885 is-is difficult. 899 00:50:00,970 --> 00:50:05,390 Um, but I think this case is proof that-that 900 00:50:05,470 --> 00:50:06,890 they can be won. 901 00:50:06,970 --> 00:50:08,720 The prosecutor, Geoffrey Puryear, 902 00:50:08,804 --> 00:50:11,474 he green-lighted a second-- 903 00:50:11,553 --> 00:50:16,183 a second accusation that-that was fabricated. 904 00:50:16,553 --> 00:50:21,603 It was created just to support his case. 905 00:50:21,679 --> 00:50:23,889 Two, he moved the date. 906 00:50:23,970 --> 00:50:27,140 Uh, he had to-- he-he had to have called that shot. 907 00:50:27,220 --> 00:50:29,800 So in that sense, they framed him. 908 00:50:29,887 --> 00:50:33,047 And then you add SpongeBob pajamas. 909 00:50:33,136 --> 00:50:37,676 The kid tells you SpongeBob pajamas. 910 00:50:38,428 --> 00:50:42,798 Geoffrey Puryear recognized that that piece of evidence 911 00:50:42,887 --> 00:50:46,177 was exculpatory and that he had a constitutional duty to 912 00:50:46,261 --> 00:50:48,801 disclose it to the defense. 913 00:50:48,887 --> 00:50:52,887 And he did it at the last possible moment 914 00:50:52,970 --> 00:50:55,970 and then disclosed it to the defense lawyer 915 00:50:56,053 --> 00:50:58,183 who didn't know what to do with it. 916 00:50:58,261 --> 00:51:00,721 And that's a real shame because wh-- of everything 917 00:51:00,804 --> 00:51:03,224 we know about those pajamas now. 918 00:51:21,804 --> 00:51:25,804 I remember Johnathan walking into my house 919 00:51:25,887 --> 00:51:29,637 wearing SpongeBob SquarePants pajama pants. 920 00:51:29,720 --> 00:51:32,890 And my sister remembers it too. 921 00:51:33,470 --> 00:51:36,720 Geoffrey Puryear shouldn't have been promoted 922 00:51:36,804 --> 00:51:40,224 after his actions in this case. 923 00:51:40,303 --> 00:51:44,393 The day after Greg was exonerated, 924 00:51:44,470 --> 00:51:50,720 Governor Abbott appointed Geoffrey Puryear as a judge. 925 00:51:51,637 --> 00:51:56,677 So he will be taking the oath of office as a judge. 926 00:51:56,762 --> 00:52:03,012 [dramatic music] 927 00:52:03,095 --> 00:52:06,755 You know, the timing was obviously, um, 928 00:52:06,845 --> 00:52:09,755 probably not ideal for everyone involved in that. 929 00:52:09,845 --> 00:52:13,345 And I do know that some of the people involved in this case 930 00:52:13,428 --> 00:52:16,888 were disappointed that, um, you know, others were being 931 00:52:16,970 --> 00:52:19,550 held to account for their actions in this case 932 00:52:19,637 --> 00:52:22,177 but the prosecutor seemed to be rewarded. 933 00:52:24,762 --> 00:52:26,262 Uh, what we do here is very important. 934 00:52:26,345 --> 00:52:29,045 It affects people's lives tremendously. 935 00:52:29,136 --> 00:52:31,636 But, you know, we-we're right back to where we were, 936 00:52:31,720 --> 00:52:36,350 where we have a child that said someone violated him 937 00:52:36,428 --> 00:52:38,758 and we don't have any answers for the family. 938 00:52:39,303 --> 00:52:41,223 I know they still firmly believe that Greg Kelley 939 00:52:41,303 --> 00:52:43,353 is the person that did this. 940 00:52:43,428 --> 00:52:46,758 They have obviously spoken to their own child 941 00:52:46,845 --> 00:52:49,845 and it's their belief that he's never changed 942 00:52:49,929 --> 00:52:51,639 who did this to him. 943 00:52:53,804 --> 00:52:56,264 This happened in Cedar Park, Texas. 944 00:52:56,804 --> 00:53:00,264 This isn't like some hypothetical of: 945 00:53:00,345 --> 00:53:02,465 what if the wrong person does the wrong thing 946 00:53:02,553 --> 00:53:07,433 and all these people miss it and something bad happens? 947 00:53:07,512 --> 00:53:12,182 This is: this actually happened and it happened here. 948 00:53:12,261 --> 00:53:14,551 We know when it happened 949 00:53:14,637 --> 00:53:17,967 and we have a list of all the people that were hurt by it. 950 00:53:18,053 --> 00:53:21,103 But Greg's not the only victim here 951 00:53:21,178 --> 00:53:23,298 and I'm not the only victim here. 952 00:53:23,387 --> 00:53:26,387 And those kids aren't the only victim here. 953 00:53:26,470 --> 00:53:28,600 There are more people than I can count on my hands 954 00:53:28,679 --> 00:53:33,049 that are victims here because the wrong person was put away. 955 00:53:34,845 --> 00:53:37,715 Anyone could have been Greg or me. 956 00:53:39,220 --> 00:53:41,970 It could happen anywhere. 957 00:53:42,053 --> 00:53:46,143 And we're very fortunate to be in a place that we caught it, 958 00:53:46,220 --> 00:53:50,930 because it took a lot of people fighting 959 00:53:51,011 --> 00:53:53,181 all the time 960 00:53:53,261 --> 00:53:54,851 to try and catch it 961 00:53:54,929 --> 00:53:56,849 and figure out what happened. 962 00:53:57,261 --> 00:54:02,181 Honestly, I believe that there are more innocent people 963 00:54:02,261 --> 00:54:07,261 in prison due to false accusations 964 00:54:07,345 --> 00:54:11,845 because there are no requirements 965 00:54:11,929 --> 00:54:16,139 that the outcries or the accusations be reliable. 966 00:54:16,220 --> 00:54:19,300 And if it's not properly investigated, 967 00:54:19,387 --> 00:54:23,347 if the detectives are not asking that question did a crime occur, 968 00:54:23,428 --> 00:54:26,928 if they're not trying to make their case, uh, 969 00:54:27,011 --> 00:54:30,221 more reliable looking for corroborating evidence, 970 00:54:30,303 --> 00:54:33,223 digging deeper to see if it happened, 971 00:54:33,303 --> 00:54:37,143 then you'll have more Greg Kelleys. 972 00:54:39,720 --> 00:54:49,680 [dramatic music] 973 00:54:49,762 --> 00:54:59,682 ♪♪♪ 974 00:54:59,762 --> 00:55:09,722 ♪♪♪ 975 00:55:09,804 --> 00:55:19,724 ♪♪♪ 976 00:55:19,804 --> 00:55:29,724 ♪♪♪ 977 00:55:29,804 --> 00:55:39,724 ♪♪♪ 978 00:55:39,804 --> 00:55:49,764 ♪♪♪ 979 00:55:49,845 --> 00:55:59,755 ♪♪♪ 980 00:55:59,845 --> 00:56:09,755 ♪♪♪ 981 00:56:09,845 --> 00:56:19,755 ♪♪♪ 982 00:56:19,845 --> 00:56:29,755 ♪♪♪ 983 00:56:29,845 --> 00:56:40,255 ♪♪♪ 984 00:56:42,053 --> 00:56:43,353 [Greg] I was watching-- 985 00:56:43,428 --> 00:56:45,138 the other day I was watching a movie going to sleep. 986 00:56:45,220 --> 00:56:48,680 And, uh, I was watching "The Truman Show". 987 00:56:48,762 --> 00:56:52,102 And you know how in "The Truman Show" this-this-this guy, 988 00:56:52,178 --> 00:56:54,348 every movement that he does it's been a reality show 989 00:56:54,428 --> 00:56:58,678 for other people's entertainment, right. 990 00:56:58,762 --> 00:57:02,302 And th-- and really Truman was never really actually free. 991 00:57:02,387 --> 00:57:05,097 He never got to, you know-- he was restricted 992 00:57:05,178 --> 00:57:08,348 within that dome that he was in. 993 00:57:08,428 --> 00:57:12,048 And, um, I was like, man, that's-- 994 00:57:12,136 --> 00:57:14,546 it's a little bit of what I'm going through pretty much. 995 00:57:17,220 --> 00:57:18,930 You know, I've never actually thought in my life 996 00:57:19,011 --> 00:57:22,181 that every movement that I would be doing 997 00:57:22,261 --> 00:57:24,471 would be a camera right there, you know. 998 00:57:24,553 --> 00:57:26,973 And it started when I was 19 years old. 999 00:57:27,053 --> 00:57:29,183 I've had a camera in my face, you know. 1000 00:57:29,261 --> 00:57:32,181 And every movement that I've done, 1001 00:57:32,261 --> 00:57:33,301 everything that I've done, 1002 00:57:33,387 --> 00:57:37,047 I've had to take caution on what I do, you know. 1003 00:57:37,136 --> 00:57:38,386 I wasn't ever fully free. 1004 00:57:38,470 --> 00:57:40,350 I felt like there was a weight over my head. 1005 00:57:40,428 --> 00:57:42,888 Somebody was watching me. 1006 00:57:42,970 --> 00:57:46,430 My life was under a microscope, you know. 1007 00:57:46,512 --> 00:57:50,182 I had to share things about my personal life 1008 00:57:50,261 --> 00:57:53,551 that should stay with me, you know. 1009 00:57:53,637 --> 00:57:58,047 My life was an open book to everybody. 1010 00:57:58,136 --> 00:57:59,926 And at that moment, I felt like 1011 00:58:00,011 --> 00:58:01,601 I didn't know what freedom was, you know. 1012 00:58:01,679 --> 00:58:04,469 I felt like I was just an experiment. 1013 00:58:04,553 --> 00:58:08,723 And just at the end of the-- end of the movie, you know, 1014 00:58:08,804 --> 00:58:10,514 the guy in the movie-- if you guys watch it, he said, 1015 00:58:10,595 --> 00:58:13,675 "Truman, say something." Right? 1016 00:58:13,762 --> 00:58:16,102 And I don't know what he-- 1017 00:58:16,178 --> 00:58:17,258 I don't know if you know what he did, 1018 00:58:17,345 --> 00:58:19,295 but he turned around and he looked at the camera, 1019 00:58:19,387 --> 00:58:21,137 and he said his catchphrase. 1020 00:58:21,220 --> 00:58:24,100 He said, "In case I didn't see you, 1021 00:58:24,178 --> 00:58:25,348 good afternoon and good night." 1022 00:58:25,428 --> 00:58:26,258 Right? 1023 00:58:26,345 --> 00:58:27,345 And he walked off. 1024 00:58:27,428 --> 00:58:28,718 You know? 1025 00:58:28,804 --> 00:58:32,724 And, um, man, he could have cussed everybody smooth out, 1026 00:58:32,804 --> 00:58:33,764 right. 1027 00:58:33,845 --> 00:58:36,385 He could have cussed the whole world out. 1028 00:58:36,970 --> 00:58:38,510 And he didn't. 1029 00:58:39,053 --> 00:58:41,473 He smiled and turned and walked away 1030 00:58:41,553 --> 00:58:43,223 and went out into the world. 1031 00:58:44,637 --> 00:58:47,047 I was like, man, 1032 00:58:47,136 --> 00:58:49,006 I want that so much. 1033 00:58:52,845 --> 00:59:02,795 [dramatic music] 1034 00:59:02,887 --> 00:59:12,797 ♪♪♪ 1035 00:59:12,887 --> 00:59:22,847 ♪♪♪ 1036 00:59:22,929 --> 00:59:23,759 ♪♪♪