Greg Kelley's hearing begins, hoping to overturn conviction

In Williamson County, a search for the truth. The attorney for convicted child sex offender Greg Kelley began introducing evidence that he says clears his client of the crime. 

Kelley has spent the past three years in prison.

He was accused of forcing a child to perform lewd acts at an in-home day care. 

A Cedar Park police officer testified in court on Wednesday that on July 13, 2013 the father of a four-year-old boy went into the police department to report a sexual assault at the child's in-home daycare. 

Greg Kelley's brother said Kelley was busy helping him move from Hutto to Oak Hill that day and there are photos on Kelley's phone showing the move. "We started moving as early at 9. Movers got there. There were two trucks. We unloaded and we finished at 5:30," said Kelley's brother Aldo Berduo

The main investigator Sgt. Christopher Dailey said the child said "Greg" did it.

Yet he says he never got the child to I.D. Kelley.

Dailey also said he didn't go to the daycare to collect evidence, he didn't take photos of the daycare, he didn't take inventory of who lived in the home and he interviewed the daycare owner by phone.

Defense attorney: "Did you go to the McCarty household to do any type of investigation?"

Dailey: "no sir."

At some point, another boy made an outcry.

He says one of the boys mentioned the daycare owner's son Jonathan McCarty.

But the victim then just said it was only Kelley and an infant in the room when the assault happened.

"I thought he was confused," said Sgt. Christopher Dailey with the Cedar Park Police Department.

Then teenagers, Kelley in the blue and McCarty in the white looked strikingly similar in the photos as provided by the defense. Kelley lived in the McCarty household for almost a year because his parents were ill.

Kelley moved out on June 11th, a month before the said crime occurred. Dailey testified he didn't know that.

Defense attorney: "If you had received information that Greg Kelley was no longer living in the McCarty household at that time would that changed investigation in any way?"

Dailey: "Yes sir."

Defense attorney: "In what way?"

Dailey: "Well, after Mr Kelley wasn't in the residence."

The hearing starts back Thursday morning at 9. Testimony will go through Friday.

The judge could decide whether to release Kelley on bond.

The court of criminal appeals must find him innocent for the conviction to be removed from his record.

Meanwhile McCarty is in jail on a violation of probation for a drug possession charge.

McCarty has not been named a suspect at this time.