Outcry (2020): Season 1, Episode 4 - Episode #1.4 - full transcript

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Successful prosecution.

[Keith Hampton] There's been
an outcry in Leander, Texas.

Everyone is saying, "You've
got the wrong guy."

[Shawn Dick] In walks a
district court judge.

[Judge Mathews] I advised him
not to file charges

at that point.

He said, "Well, it'll
strengthen the case

against the first child."

Yes, I don't know why that--
why that would be unfair

to call it corruption.



[male reporter] Now the focus
is on an attorney

who defended him back in 2014.

[Keith] The tables
suddenly turn,

where his prior lawyer
becomes his worst enemy.

Back at the time in 2013,
there's a facial similarity

between Johnathan
and Greg Kelley.

[Patricia] Was I aware that
there was a resemblance?

Is that the question?

Sure, I was, yes.

They looked like twins to me.

For whatever reason,
she's convinced that

Johnathan McCarty's not
someone that we should

even be looking at.

[Cody Mitchell] I am a Texas
Ranger employed by the



Texas Department of
Public Safety.

Different entities did things
that shouldn't have been done

and hit this-this defendant.

The only person
that has met the

probable cause bar
is Greg Kelley.

[female reporter] Now we are
learning new information

from the Texas Ranger's
investigation that

keeps him as an active suspect.

Yeah, I've passed every
question but one.

Mr. Kelley has lied about
several things.

[Shawn] I think initially
I was pretty convinced

of his innocence.

Now I hate to say this
but I-I just--

I wouldn't be surprised
either way.

[dramatic music]

[jury foreman] We the jury
find the defendant

Gregory Kelley guilty
of the offense of

super aggravated
sexual assault.

Mm-hmm.

[sharp exhale] He turned red
and...

[dramatic music]

as a juror, after that,
that's something

you want to block out.

How it went from
11 to 1 to 12 to 0?

Everybody was tired.

I wanted to go home.

And they were pissed.

And they knew I
was the one vote.

And...

I should have
kept to my guns.

But...

yeah, I told them--
I said,

"You want your conviction?"

I said, "Here's
your conviction.

But this is on you all."

[crying]

Yes, I do.

I would say yes,

unless somebody can change
my opinion on that.

I don't-- I don't see it.

Yes, the jury got this wrong.

What if he gets
sent back to prison?

I don't know.

I don't know.

♪ theme music ♪

♪

♪

♪

♪

[female reporter] Breaking
news: former high-school

football star Greg Kelley
out on bond.

It's the first time he's
seen freedom in three years.

[male reporter] The
22-year-old was convicted

of child sexual assault.

Today the judge signed an
order granting Kelley bond.

[male reporter] Tonight
he's being taken

to an undisclosed location,
far away I'm told,

outside of any public view.

[Greg] I'm still dreaming.

I'm still dreaming right now.

I kind of slept in
a little bit.

It feels great to be able
to get up and-

and, uh, make myself
a cup of coffee

and walk around a-a nice area.

And it's like, I'm not in
the nightmare any more.

I do believe, uh, people need
to be held accountable

for their actions.

And I do believe that wrongs
need to be made right.

And we're going to do that
in any way we can.

I-I think I was just sad
when he got out.

I felt for the families who
were reliving this,

um, for the parents of
these little boys

who were now having to
watch the news again

with his face
plastered everywhere.

It seemed like all these
wounds were getting reopened.

So I kind of put myself in
their shoes as their family,

and for me it just seemed
really hard when he got out.

[dramatic music]

[David Anderson] Great
opportunity tonight.

[Greg Kelley] Yeah.

[David] Do you want to go
over some of that stuff

and just try it and see--?
- Yeah.

[Greg] [clears throat]
All right.

Hello, thank you for
having me here.

My name is Gregory Kelley.

I'm here for two things,
accountability and truth--

accountability because the
people that did this to me

need to be held responsible,

and truth because if the truth
is never discovered,

then the victim cannot
receive justice.

[dramatic music]

Since being incarcerated,
I have studied due process

and the importance
that it plays

in our criminal justice system.

[dramatic music]

Our justice system demands
an accurate outcome.

And whenever that
is not achieved,

we as citizens have an
obligation to correct it.

[dramatic music]

When I watched Sgt. Dailey
sit on that stand

and defend incompetence,

I realized that my purpose
isn't just to inspire people

that have been treated unfairly

but to be the catalyst for
real change in this community.

While I was incarcerated
I received an outpouring

of love from this community,

and it grieved my spirit
that the police chief,

Sean Mannix, tried to
label them as a cult

just like how he tried to
label me as a pedophile.

I believe this is
a toxic culture

that excuses laziness and
defends incompetence.

But when Chief Mannix called
this the best police work

he had ever seen,

it became clear that
change is required

because an organization can
only be good as its leader.

This was about winning

and achieving a
successful prosecution

at all costs

and had very little to do
with justice and truth.

I will extend you the
benefit of the doubt

that I was denied by the
police department,

but I expect immediate
action please.

Thank you very much;
God bless you all.

[male] Thank you, Mr. Kelley.

Thank you.

[female reporter] Cedar Park
Police facing a review

after criticism into how
officers there handled

the investigation that
ultimately convicted Kelley

of child sexual assault.

Officials say the review will
start as soon as possible,

but it's unclear when the
findings will be released.

Critics have said police did
not fully investigate the case,

including whether
someone else may have

committed the crime.

To get, uh, Chief Mannix
and, uh,

Chris Dailey out of there.

[Sean] Well, you know, I don't
wake up in the morning

wondering, uh, who-who wants
me in or out of my job.

And, uh, so, you know,
all those, uh,

people shaking their fist
and, you know,

torches and pitchforks aren't
something that I find

intimidating or scary
or anything else.

It's part of my job, is, you
know, some people are going

to criticize you and some
people are going to praise you.

And some people
just don't care.

Uh, we're going to
play that by ear.

We don't know what's
to come in the future.

Uh, we're playing it
day by day right now.

I've got a few dreams.

I've got a few hopes.

But, uh, that will come later.

You know, I'm just going
to enjoy freedom,

be with my family,

start preparing for my future,
you know.

I'll start preparing now.

[dramatic music, rolling waves]

[Gaebri] I've stuck by Greg
for the last four years,

ever since the beginning,
because I knew he was innocent.

He's been my best friend since
eighth grade and, uh,

I'm completely in love
with him.

Even my friends,
they'd be like,

"Are you going to wait
25 years?"

and my answer was always, "Yes."

And they just thought
that was insane.

Yeah, it was him that
actually said,

"You don't have to
stay with me.

You don't have to stay
with someone that's

falsely accused in jail
for 25 years."

You know, that broke my heart

that he could even think that
I would break up with him.

No, I'm in this with you
until the very end.

I-I mean I felt more
in love with him

whenever he was in prison.

Any phone call we had,
any visit we had,

always reminded me why
I'm so in love with him.

And nothing can
really shake that.

It challenged us.

I think any relationship that
can overcome that obstacle

is going to be a very strong,

very, very strong relationship.

[female reporter] Breaking
news in the Greg Kelley case

this afternoon, a judge
in Williamson County has

just ruled that he should
be declared innocent

in a child sexual assault
that led to his conviction

and 25-year prison sentence.

[male reporter] Now, the
ruling by State District Judge

Donna King says, "The Court
finds that the culmination of

evidence supports Applicant's
claim of actual innocence.

He has met the burden and
established he is actually

innocent of the offense for
which he was convicted."

[dramatic music]

In her ruling, Judge King
said that his attorney

in his first trial
was ineffective.

She also granted a Due Process
claim saying that

Kelley's rights were violated
because of a botched

Cedar Park Police
investigation.

She found that Greg Kelley
was denied due process

because of the bad faith and
negligent police investigation

that was conducted.

You know, the judge
did find bad faith

on the part of the Cedar
Park Police Department.

The judge did find that
their investigation was-was

reckless, reached sort
of a reckless standard.

This nonsense about this, uh,
due process, uh, issue,

uh, is--

it's a standard in law
that doesn't exist.

The way the system works
is the police develop

probable cause that a crime
was committed.

They then go to the
District Attorney's Office

and the District Attorney
makes a charging decision.

The District Attorney's Office
brings it to a grand jury.

The grand jury hands
down the indictment.

It then goes to trial, and
a jury of 12 different people

get to hear all elements
of the case,

including any criticism of the
police report,

and make their determination
on guilt or innocence.

And all of those things
happened in this case.

To look at that ruling today,

you would think that this went
to the probable cause part

and conviction,

that none of those
other steps, you know,

took place, which is
just baloney.

If the due process
issue were to hold,

it would be a horrific
piece of case law

from the standpoint of basically

what it would be saying
is that police officers

now have to go beyond
probable cause

and rule out any possible,
you know, person, uh,

for every, you know,
single crime.

And that's just untenable.

It's not something
that's-that's realistic.

Judge King's rulings
will now go to the

Texas Court of
Criminal Appeals.

That is the State's
highest criminal court.

Those nine judges will likely
take months to rule,

so we now know that this
whole saga will likely be

well into next year before we
see any kind of final outcome.

I-it won't be over until the
Court of Criminal Appeals

issues its decision,
which could literally take

anywhere from a few months
to another year.

The Court of Criminal Appeals
every Wednesday

hands down decisions, and we
call them hand-downs.

It's not a
defendant-friendly court.

I don't know if there--
such a court actually exists,

but it's not the Court
of Criminal Appeals.

The general population
of Texas--

I-I don't think they know
the court at all.

I-I don't-- I think most people
don't even know it exists.

I think everybody that's on
the Court of Criminal Appeals

is a former prosecutor.

And many of them,
that's all they've ever done.

All they did is spend a
career looking for ways

to uphold the conviction.

Then they go from that to the
Court of Criminal Appeals

and, no surprise, they're
looking for ways

to uphold the conviction.

That is their world view.

[Keith] The Court of Criminal
Appeals has complete

control over it and can-can
issue a decision whenever.

They ultimately can remand it
for something else th--

in other words, send it
back here for some hearing

on some other issue.

So they could do that.

So something like an ineffective
assistance of counsel

newly discovered evidence--
all that--

all that the Court of Criminal
Appeals would ultimately

be deciding is you
get to start over.

You go back to court and
we're going to start all over.

An actual innocence claim
is a little bit different.

An actual innocence claim,
the Court of Appeals is

certifying that you are
actually innocent,

and the case ends there.

And so--

Uh, that's very rare,

very rare.

Or, a horrible thing would be

a one-page order:

relief denied

on all grounds.

Which means he has to
go back into prison.

For a defendant to be found
actually innocent,

he has to prove by clear
and convincing evidence

that-that he did not
commit that offense.

And that is a pretty high
standard of proof,

given that, at trial, the
State had had to prove

beyond a reasonable doubt
that he was guilty.

The CCA is the ultimate
finder of fact.

That's what it will tell you.

It is the ultimate
finder of fact.

Even when the State, the
defendant and the trial judge

all agree about a particular
resolution on habeas,

the Court of Criminal Appeals
can ignore that and, um,

go the other way.

There are some terrible cases
that do exist out there

where people were released
on bond and then they lost

before the Court of
Criminal Appeals.

And they had to walk those
people back into prison.

And that is a scenario I do not
even like to contemplate.

But until the court
grants him relief,

exonerates him,

that is a scenario.

It exists.

We dealt with claims of
actual innocence often enough,

but I think we only granted
actual innocence claims--

my head is telling me
three times.

I would say under five times.

It was a very, very
rare occurrence.

Seven and a half.

I think if they find
him innocent,

I don't think it will
change my mind, no.

From the very beginning,
I've just stood--

stayed with the kids.

I believe those kids.

I really don't think
that they made it up.

I really don't think
that they were confused.

I don't think
they were coached.

I think this was a-a very
traumatic, pivotal moment in

their lives where their
innocence was stripped

and that they went and
told their parents.

And I think the nightmare that
happened after that was all

just unfortunate, about how
the case was handled

and how it's gone forward.

But I think I will
always stand with them

and that they were
telling the truth.

It's three minutes to nine
and it's a Wednesday

and every Wednesday the
Court of Criminal Appeals

hands down, uh, its
decisions at 9:00.

And we're waiting to
see if Greg's, uh,

writ has been decided.

Uh, we've been doing this for
like 20 times already,

almost 20 times.

And-and, uh, I haven't
been on it yet.

It all comes down to
refreshing a page at 9:00 a.m.

to see if I'm on it so
I could be fully free.

[Jake Brydon] I didn't realize
how heavy it was getting on me

until I started checking
that dang Web site

to see that four years' work
is going to come down to a

yes or no decision by nine
people that we don't know.

And we have no idea how-how
into social media they are

and if our--

and if our fighting has any
effect on them at all.

We just don't know if what
we're doing is in vain

or is this helping Greg?

Uh, God forbid that this
be hurting Greg, you know.

And-and just so a lot of that
mental anxiety I guess is-is

what I'd call it, just-- that
has an accumulative effect on

you when you know somebody's
life hangs in the balance,

for sure.

All right, here we go.

[Greg] Nine o'clock.

Let's do it.

And a whole bunch of denials.

He's not on it.

Dismissed.

I don't see it.

[scoffs]

Nothing.

Well,

no news is good news...

I guess.

[Greg] It means another week
of doing the same thing.

So next Wednesday,
pull up this page,

9:00 comes around...

we're going to see
if I'm on it.

Probably ill-advised before
flying is checking that website.

It ticks you off.

[traffic passing]

[Greg] As the weeks go by,
knowing what I have going

in my life right now and kind
of being out for a long time,

I've been doing things
that I want to--

I want to pursue in my career.

And I-I simply just want
to regain everything

that was taken from me,
that was stripped from me.

And I can't get to it
because I have this thing

hanging over my head.

It's never been as stressful
than it is right now.

After that you go and you
switch your hand placement

and go into curls,

to the eyeballs.

Good job, Melissa.

Somebody's calling me.

Keith is.

Keith's calling me right now.

Hello?

Hey, Keith.

What's going on, man?

[Keith] Hey, uh, look,
uh, I just, uh--

Okay.

Wow. Really?

Uh, that's-- uh, that's-that's
ter-- that's terrible, Keith.

All right, have a good day.

All right, bye.

Can you believe that?

Geez.

At first, I-I couldn't
believe it was Johnathan.

And-and now...

A man considered an
alternative suspect

in the sexual assault of a
child case that landed

Greg Kelley in prison is
facing new charges tonight,

an alleged sexual assault
of a 15-year-old girl.

Uh, we have filed charges
against Johnathan McCarty

for another sexual assault
that came to our attention

through this investigation.

Right after Johnathan's
name became public

and was in the newspaper
and on television,

uh, really within a few days

we started to receive
a number of tips.

Several young ladies came
forward, uh, alleging that,

um, there was some form of-

of sexual assault
that had occurred.

And we filed the one
that occurred here

in Williamson County.

We believe that he's com--
he's committed a crime

and-and we intend to prove it.

Now, in a statement
a short time ago

from McCarty's attorney,
she said McCarty is innocent

of the allegation and that he
also steadfastly maintains

he's innocent in the
Greg Kelley case.

The investigation or-- let me
s-- the lack

of investigation of McCarty in
the beginning was bad enough.

But given the three-year time
frame between when Greg Kelley

goes to prison and when this
hearing is held in 2017,

one of the suspects who should
have been investigated

in the first place
is not in prison.

He's not in jail.

He's free the entire time and
able to do whatever he wants.

Not only you put the
wrong person in jail,

but you didn't put the one
that deserved to be there

that might be still doing it.

Uh, Greg's life was-was
hurt for four years.

But that little boy, that's
something he's going to

have to live with the
rest of his life,

and knowing that you
may have put--

not only put the wrong person
but you have allowed

this maybe to happen to
somebody else?

Again, those are just
things that I would have

a hard time sleeping with.

[Greg] I never even thought
that I would see the

inside of a prison cell.

Sixteen years old,
seventeen years old,

playing football and already
having a scholarship

to go play football, and then
something just terrible

happens to your life and your
life just comes crashing down.

I never thought that that
would happen to me.

You get put in that place,
you know, like:

'Did everything I do wrong
ever amount to this?'

Sometimes there's just
answers out there that

we're just not meant to find.

All right?

[Rosa] Yes.

All right.

Let's eat, then.

All right Father God, thank you,
Lord, for this food.

And I just thank you for
keeping my mother strong

and increasing her faith,
lifting her up, Father God.

In your son's name,
Jesus, amen.

[Rosa] Amen.

Amen.

[Greg] It's going to be crazy
because it's going to be

the first birthday that
I've-I've had since I went,

you know, to prison.

[Rosa] Yeah.

So...

this-this should have never
happened in the first place.

And now that you look at
it from this side, um,

I just wonder where my life
would have been

if I never went to prison,
you know.

My hope was to go play
for the NFL and, um,

that wasn't the plan
for my life.

[Rosa] Yes.

[Greg] I could have quit
and I could have--

went in there and I could
have just, whatever, gave up.

[Rosa] Yeah.

And look where I'm at.

You know?

I'm here, eating dinner
with you, you know.

I get to hop in my car and
come see you, you know.

I get to work.

I get to live a life again,
you know.

[Greg] Yeah, we survived.

And, you know, there was--
there was times, Mom,

where, you know, it's--
it wasn't very easy, you know.

Um, you know, when I--
when I would talk to you

and the family on
the phone I would--

I would make sure to
conduct myself in a way

that would give you guys a
sense of peace,

thinking that I was safe,
believing I was safe,

believing that-that-that
there-- people in here

that were supporting me
and this and that.

But the-the reality is, Mom,
is that there were people in

there that hated me because
of what I was in there for.

There was times in there where
people would call me out,

you know, trying to see
if I was tough or not.

There were times in
there where, um,

I had to defend myself.

Uh, I did what I had to do
and I just pretty much

just stopped the fight
right there.

Um, I thank God, by God's
grace, that I was--

I was never hurt badly,
you know.

I was-- I was never stabbed.

I was never-- and that does
happen to people in there

with my charge.

That's the reality of it.

[Greg] I don't want to ta--
I didn't-- I didn't want to

talk to my family about it...
- But--

[Greg] ...because it's
stuff that--

[Greg] Mm-hmm.

[Greg] Yeah.

[Greg] Yeah, I'm going to
get another plate.

Okay?
- Yes, Ma'am.

[kiss smack]

I'm going to get some
of that dressing.

Improvements ahead for
Cedar Park Police.

This comes one year after
criticism about its handling

of the Greg Kelley sexual
assault investigation.

In October, the City Council
hired an outside company

to start reviewing the
department's practices.

[female reporter] The
consultants reviewed randomly

chosen cases, went on
ride-alongs with officers,

and interviewed current
and former employees.

City Council ordered the
police review following

department criticism
in the community.

I appreciate the opportunity

to come before you
and share some thoughts

about what we learned
during our assessment.

There are definitely areas
where there are blind spots

and weaknesses and red flags
for things that could be

done better at Cedar Park PD.

Now, again, these are
generalizations based upon

looking at all 45 of those
cases as a whole.

There were a number of those
cases, to be quite candid,

that you could use as textbook
examples of how to do

a criminal investigation.

They had these two super cops
that reviewed everything

but the Greg Kelley case.

I don't think they mentioned
Greg Kelley's name one time.

It's very clear to us that
the Chief of Police

has huge internal and
external support for what

he is trying to accomplish
in terms of operational

improvements.

It's very clear that they're
short-staffed there.

You've got one sergeant and
seven detectives in there

that are handling approximately
1,600+ cases a year.

The question is: do they have
the time to do the thorough

investigation they should
and could be doing?

[Jake] We had a pretty good
idea that it was going to be

a roundabout way to just
kind of divert pressure.

And it turns out that
that's exactly what it was.

We have, you know, open court
testimony from multiple people

that this in-investigation
was grossly incompetent.

To sit there and try to, in
any way, justify that nonsense

was infuriating.

I've been part of this
organization for 20 years.

And-and I don't think this
statement will--

has changed in 20 years, that
public safety is a priority

in our community.

And I think we take that
role very seriously.

Um, I have-have confidence in
Chief Mannix and-and his team

that they will be able
to-to implement those

recommendations and the
changes that are called for

and-and necessary.

And, Chief, I don't know if
you have anything to

add to that,
but I think you do.

[laughter]

[Sean] Indeed I do.

Thank you, City Manager,
uh, Evans.

I appreciate opp-- appreciate
the opportunity to share my,

uh, comments and thoughts
with you tonight.

The one thing you never hear
from me, uh, is excuses

because the good, the bad or
the ugly, the buck st--

the buck stops here as it
relates to the Cedar Park

Police Department.

Not only will the
implementation of those, uh,

recommendations, uh, you know,
help modernize and make us

a-a-a better department, but
it'll make us an innovative,

uh, department.

We're-- we'll end up being a
model to other agencies

for having made, uh,
this investment.

I don't need a study to
tell me what

the citizens that live here
were telling me,

because I heard it from--
straight from their mouth.

At the end of the day,
it's all about trust.

And one-one of the things I
hope we can just do the

whole time we're working on any
of this, not just the police,

is that we really learn how to
do things that make us

trust each other more

and stop doing things that make
us trust each other less.

That's one thing that will
make this city even greater,

you know, is-is-is that trust.

I really appreciate everything
everybody did on this.

And, uh, man, it was a
really positive experience.

Thank you.

As they were sitting there
joking with each other

and having a jolly old time,
it was very clear that

they felt like the public
was dumb enough to buy it.

The Cedar Park City Council
is absolutely trying to

sweep this under the rug.

[Greg] I wish that they could
just have a conviction

in their heart to know what
they did to a high-school kid.

I believe it was totally
incompetent and I-I know they

knew what they were doing.

But they simply didn't care.

And to-- still to this day,
I-I believe they don't care.

No heads will roll.

No.

That's-that's the way it is.

You're not going to win.

You can't sue the police
department and win.

You can't sue the prosecutors
because they've got immunity.

You can't sue the judges.

They have even
stronger immunity.

So--

This is the recourse:
get him exonerated.

And compensate him for the
time we took away from him.

[dog barking]

These are cards that
I couldn't change

that were dealt to me
in my life.

I can't.

You know, like it-it happened.

So when something happens
that you don't like,

what do you do then?

Do you sit around complaining
and kick circles?

No, you don't do that.

Most people do that.

But I don't do that.

I choose not to do that.

I choose to take another road.

And I had to do that
every day, waking up,

because I'm already waking up
in a place that I don't want

to be in that is completely
depressing.

Every day I wake up to
these freaking bars.

And, um...

I just-- I just--
I had to ask myself:

why can't I just wake up
and go play football?

But instead I had
to see those bars.

And if it's not anything, it's
those bars that remind you

that you're locked
up every day.

And those thoughts decide
to-to-to dwell in.

You know, I don't know where
I'm going to be two or three

years from now in
my life, you know.

I don't even know if I'm
going to be exonerated yet.

So I'm kind of just acting on
faith a little bit, you know.

I'm living every day,

day for day,

putting my trust in God

and fighting for what
I believe in.

But as far as my freedom,

I don't have freedom.

You know?

I don't have the freedom to
start long-term goals.

I don't have that, because
I simply don't know where

I'm going to be in six months.

Mm-hmm.

Running?

No, not at all.

I, uh, I've always believed
that home is where

my family's at.

And if I ever thought
about running,

then that would mean that
I'd be leaving my family,

all of my family.

If you run, it's kind of
indicating that you're-you're

afraid and you fear
that you have--

you're going to go back.

And I just continue to tell
myself every day, you know:

we've come this far and I've
got to continue to have faith

that this is all
going to work out.

[crosstalk and cheers]

Ever since I got out of prison,

I was just longing
for an opportunity.

I was waiting for something
that I love, something that

I have a passion for,
to present itself to me.

So it all started when my
brother Aldo told me that,

"Hey, man, there's a guy
named Jeremy Hills.

He trains the UT alumni guys
and the NFL free agents.

And, uh, he would like
to meet you."

My name is Jeremy Hills

and I'm the Director of Sports
Performance here at ONNIT.

And, uh, for a living I get
a chance to train with

some of the best athletes
in the world,

um, professional athletes.

We-we really have a combined
group that we bring all

throughout the NFL.

We've got the NFL, NBA, MLB,

just pro athletes
all the way across.

And, uh, they come here
and they trust us

to help them get better.

Two, two, one, one.

Greg's brother was telling
me that, you know--

about his situation and
about him before this whole

ordeal happened,

how he was a big-time
high-school football player.

And, you know, everybody's
always bragging on:

yeah, I got this nephew or I
got this cousin or whatever.

But when I-- when I-- when
I seen him I was like, well,

damn, he looks good.

You know what?

Come by the facility.

Let's-let's just see.

And, uh, then he asked
me the question

if I wanted to ever play
football again.

It's a question I've been
waiting for for a long time.

You know, I've always had
a dream of playing for

University of Texas.

I told him I would really hope
and I would really appreciate

if I could run out on field
as a Longhorn.

That is the plan.

I thought that was a-a
bit bold, you know,

to say the least, like you
can just walk on at UT.

I played at UT.

So, uh, I seen the talent
that was kind of

expected to be there.

I haven't touched a
field in four years,

you know.

And I have-- I haven't
done anything that

had anything to do
with football,

drills and training,
in four years.

Like I'm over here,
like nervous.

Like I don't want to
make a fool of myself.

[crosstalk]

[low dramatic music]

[Greg] I pray about it.

I'm like: you know what?

I'm going to show up and
just-just show them my heart.

I might not be the best
one there but, uh,

these guys are not going
to outwork me today.

So then I gave him the
opportunity to back it up.

A couple of-- couple of NFL
talent guys in there are

working and getting better.

And-and, shoot, I'll throw Greg
right in the mix with them.

I-I'm-I'm not holding back.

It's like: you want to
play at this level,

then you need to learn how
to work, how they work.

It only takes maybe-maybe
an hour, not even a day,

maybe an hour,
before you realize:

oh, shit, I'm not
ready for this.

[crosstalk]

Guys, let's go.

All right, guys, ready?

Three, two, one, here we go!

[treadmill noise]

[low inspirational music]

[Jeremy] And it punched him in
the stomach the first time.

The very first time he
showed up I could tell

it was different.

Then he showed up
the next day.

Then he showed up
early the third day.

He's been early
every day since.

And now here he is.

You look at them,
you look at him:

you tell me the difference.

[low inspirational music]

[trainer] Let's go.

One more, one more.

Let's go, let's go.

Here we go.

Nice work.

[Greg] Watch out,
it's coming down.

[MJ] Yes, sir.

Good work.

I think he's right on track,
I mean,

especially with his story.

Uh, you see him today,
you know.

He's keeping up with everybody,
lifting the same weight as I am.

And I'm a tight end and he's
a DB, so that's very, very

impressive on his end.

That just tells me I need
to pick it up a notch.

[Greg] You know, this
opportunity is literally an

opportunity of a lifetime
for me right now.

I'm not getting younger.

I'm 23 years old.

I have to take advantage of
every little thing that I get.

And I have to literally
work my butt off again

to get what I love.

Right now for him to
realistically have a chance

to walk onto UT, I mean
first he'd have--

he will have to be
fully exonerated.

And then once that process is
done, then he'll have to be

able to be admitted
to the university

and then get the opportunity
to go try out

for the walk-on squad.

I think everything
outside of trying out

for the walk-on squad,
that's the tough part.

When it comes to him actually
getting to those tryouts,

I'm betting all my money on it.

[Greg] Now I'm just
waiting to get exonerated

so I can just put these
wheels into motion.

I would really be
grateful for anything,

that I could just play the f--
game of football again.

[soft dramatic music]

After this first happened to
me, you kind of just lose

trust in the judicial system.

And you lose trust
in law enforcement.

And it's like you ask this
question again like:

can this happen again?

You know?

Like is there something going
on behind the scenes that

I don't know about and my
family and my supporters

and my fighters don't
know about?

Is it political?

You know?

And somebody's-- somebody had
their hand in this, you know?

And that's what I fear the
most, is that if somebody

has their hand in this and
somebody does something

totally unethical that I
go back because of that.

[Shawn] Before Greg Kelley
was released from jail,

uh, Ranger Mitchell did have,

um-- he requested some
search warrants.

So it was only after the
search warrants became public

that I saw the allegations.

I was blindsided,
as we all were,

uh, when the ranger filed
that search warrant.

It made a big
splash in the news.

[male reporter] New evidence
is emerging, broadening the

lens around Greg Kelley.

[female reporter] Now we are
learning new information

from the Texas Ranger's
investigation that keeps...

[male reporter] The search
warrants paint a darker

picture of Kelley, revealing
evidence taken from his

cell phone and his computer.

[Keith] The search warrant
affidavit is a 180 from what

this ranger, uh, testified to.

I would be scared to
death to think that

I could be-- end up in the
same position with no evidence

whatsoever and no
investigation done

and be convicted of something
that I may or may not have done.

[Keith] He's practically
exonerating Greg.

And then just two weeks later,
this guy is a secret monster.

It was just very shocking.

[male reporter] Greg Kelley,
according to the warrant,

spent hours alone with
children at the daycare

where he lived.

[female reporter] Rangers say
Kelley's pattern of viewing

pornography became suspicious.

[male reporter] He engaged
in what the warrants called

high-risk sexual behavior by
meeting other people through

a website that connects adults
looking for sexual activity.

I, along with everybody else,

took a big step back
and-and thought:

wow, maybe we really didn't
know him after all.

My God.

We were done with the
writ hearing.

We had all the information
we needed to, um,

figure out the answers
on the defendant's writ.

And I think what Ranger Mitchell
was doing as a

secondary investigation
was trying to go back

and see if he could
solve the crime.

[Keith] And what this ranger
did was he first tried

to get the judge to sign
the search warrant

based on this affidavit.

She said, "You need to
run it by Shawn,"

which he hadn't.

So he finds Shawn and
downplays it with him.

The way it was presented
to me was that these

were just sort of routine
run-of-the-mill search warrants,

that he was, uh, looking
for information regarding,

you know, Greg's phone,
Johnathan's phone.

And so it was presented to
me in a-- in a way that

made it seem like it was
very innocuous.

He says, "Oh, ok-- you just
want to do some more searches?

Sure.

That's fine with me."

And so she-- he goes back
and she gets--

and lends the judge the
impression that he's

down with all of it.

So she's like, "Okay."

So she signs it.

I found out from the media
the next day, um,

that Ranger Mitchell had filed
some search warrants that

had a lot of information in it.

By making those kinds of
details public

and by putting it forward
in an affidavit,

you're-you're trying to
sway public opinion

one way or the other.

And I was disappointed
that-that we chose the--

we-- the-the ranger
chose to, um--

the timing of-of the
search warrant.

Certainly, we had that
information earlier.

He could have requested that
search warrant earlier,

before the hearing.

[Keith] "My belief is based
on the following facts."

And-and he'd list what
he claims are facts.

"I, Cody Mitchell, hereafter
referred to as the Affiant,

a peace officer employed by
the Texas Department

of Public Safety,
Texas Rangers Division,

do solemnly swear that I
have reason to believe

and do believe that
electronic customer data

held in storage by
Adult Friend Finder

constitutes evidence of the
offense of aggravated

sexual assault of a child."

Adult Friend Finder.

Well, I investigated.

I went to Adult Friend
Finder [laughs].

I checked using the ranger's
own handles that he says here.

The third one is Greg,
G-R-E-G,

R as in Raymond,

Kelley, K-E-L-L-E-Y,

and the number 3.

So Greg R--

Yes sir.

I had them go through their
database for all four.

They reported back to me both
verbally and in writing

they have no such records.

He was not ever a member
of Adult Friend Finder.

[Greg] I remember one time,
man, where he started

talking about my
phone history.

And he started talking about
Adult Friend Finder to me.

And I was like, "Man, I've
never been on that website.

I've never been on
that website.

I've never used it."

He starts getting very,
very angry like-like--

because he's not--
he-he's not--

he's not getting out of
me what he wants.

And he says, "You
know what, Greg?"

And then he told me this, and
I've told you this before.

He said, "You know, the
higher you can get, Greg,

the harder you're
going to fall."

That's what he said.

And I'm like: what
does that even mean?

You know?

What are you trying to imply?

That's-- to me it's like all
this is going in my favor,

the truth is finally
coming out,

he's not liking it,

he's trying to ride the fence,

and it seems like the
higher I'm getting,

he's going to find something
to smash me into the ground.

[male reporter] According
to the warrant,

there is discussion that
Greg Kelley in fact had a

photograph of himself
with this young boy,

this four-year-old boy that
he was later convicted

of-of sexually molesting.

There is a photo.

The only selfie is the one
with him and Gaebri

and not CV1.

It's a different child.

[Greg] Who initiated
the selfie?

So it was just like-- and
take a picture all of us.

And I remember Parker is
just smiling just huge.

Yeah.

[Greg] Yeah.

It's the only one
I can think of.

It's the only one.

Why would I take a
picture with a kid?

[Keith] "The Affiant believes
to a high degree of probability

that during the 2013 to
2014 time period,

Kelley was displaying
undeniable indicators

of being a sexually motivated
high-risk threat

and was in need of
help and guidance

to understand his feelings
and control his urges."

I assure you no cop has
ever written a paragraph

like this to get
a search warrant.

Dr. Freud here has appeared:

Greg looked at porn sites--

probably a child molester.

Well, there-there are
millions of American males

who are not child molesters but
they've looked at naked women.

I think that was whenever--
that was--

that was during the polygraph.

That was the polygraph day.

[crosstalk]

[officer] Y'all need anything?

Do you need to go to the
bathroom or anything?

[Cody] No, I'm fine right now.

Yeah, I've passed every
question but one.

Yeah, if I stuck my-my penis
in the kid's mouth.

There was, um, based on the
report from-from

Ranger Mitchell, uh, there was
a polygraph given where there

was some deception indicated.

It does complicate things,
because I think in the court

of public opinion, polygraphs
carry a lot of weight.

Polygraphs are not really
used in prosecution

to discover the truth.

They're-they're a tool,
an investigative tool,

that's used to see if you can
get, um, someone in an

interview to change their story

or give you more details
of their story.

Do I get angry when
I talk about it?

Yes, I do, because I have
to keep on talking.

I have to explain, when all
I want to do is get on a

mountain, shout that I'm--
I didn't do it.

[Cody] Yeah.

You know?

That's not enough.

You know?

Um...

yeah.

[Cody] I want to say that's
where [unintelligible].

It just makes me angry,
man, when-when, uh,

when I get told--
when I get told--

when I get asked over and
over again if I did this,

I don't want to answer anymore.

I'm sick and tired of it.

I've got to do it, though.

[Keith] He was there for hours.

I don't really remember
how-how long,

but it was a long time.

Ranger, I'm-I'm angry.

I'm-I'm tired.

I'm cold.

I mean I didn't eat.

I don't-- I don't know
what the--

what the explanation is here.

[Cody] I know.

And I don't-- I don't know
why this is happening to me.

I texted the ranger:
"Shut this down now,"

you know.

It-it was an in-your-face
message.

And he wasn't.

And so I got a hold of the
Sheriff and they shut it down.

And I'm very glad I did.

I'm sorry Greg had to go
through that.

[Shawn] And then, uh, you know,
Keith Hampton,

the defense lawyer
for-for Greg Kelley,

has his own polygraph done.

Greg passed my polygraph.

My guy taught the guy, the
ranger had administered it.

Polygraphs are not admissible
in a court of law,

um, in-in any-- in any
jurisdiction I'm aware of

in Texas, for sure.

And there's a reason
they're not admissible.

Y-you really don't expect

a-a ranger to go to this length

of completely false assertions.

So, um, I don't know.

That's a better question for
the-- whether there's

false or misleading information
in that, um, affidavit

is a better question for
the Texas Rangers.

[Greg] It feels like I'm-I'm
just being accused all over

again and they're not
trying to prove anything.

So I have no idea
what his motive is,

and it freaks me out.

Because I know one thing:

Chris Dailey was never
even like that.

Chris Dailey was either
against me or for me.

And this dude was
full-on against me.

Right?

And you know what?

I can come to terms with that,

because I know why
he's doing it.

I don't know why the
Texas Ranger's doing this.

I don't.

Some investigators, the
way that they attack

an investigation is to
treat each suspect

as the target of the
investigation.

It may be an investigative
technique that Ranger Mitchell's

looking at doing in terms of:

okay, let me treat him like
he is the primary suspect

and let's see what happens.

So, I'm not really being
in Cody's mind,

in the Texas Ranger's mind,

that may have been what he
was trying to do.

After all of this,

I go back to get Greg

a-a-and-and walk him
out of that jail.

And then Greg comes out,
and I look over.

In a black truck is this
ranger with this big smile

on his face.

And I just went: this is--
what are-- for--

what are you doing here was
my feeling, pretty hostile.

And there he is, big grin on
his face, and waves at me.

What the ranger did--

this was a drive-by character
assassination of Greg Kelley.

The judge found
Greg to be credible.

She found him to be innocent.

She read that entire
search warrant affidavit.

And, uh, so it meant
nothing to the judge.

It meant nothing to the
DA's Office.

And it meant nothing to me.

It does mean something to Greg
because there will always

be a doubt with
somebody out there.

The ranger has had a y--
we're at a year and a half.

I don't think we're ever
going to see a report

from this ranger.

He-- nothing?

A year and a half?

No.

[Greg] Ideally, I need
this as soon as possible

because football's hanging
on a thread right now.

And, um, I can't do the things
that I've been training

my butt off for unless
[laughs],

this happens.

Um, I kind of feel like
I'm really anchored down.

But I need this to happen
within the next two months,

you know, three months.

[Keith] Greg Kelley's case,

the journey of his case,

has been unique and
unprecedented at every stage.

No one would have anticipated
the various events

that have already
occurred in this case.

My worry as I sit here right
now is the dark scenario

of another opportunity to make
another go at Greg Kelley.

The idea that this could
all be swept away, uh,

from him because of the forces
that are allied against him

at the Court of Criminal
Appeals is unthinkable.

But I have to think about it:

how could we be defeated?

How could this all be
taken away from him?

And I hate to say it, but
it is in fact possible.

♪ dramatic music ♪

♪