Judge Sentenced to Prison for Lying About Harassment

[bemildred]

Source: NYT

HOUSTON — A federal judge who presided for nearly two decades in Galveston, Tex., was sentenced to 33 months in prison on Monday for lying to an investigative committee of judges about whether he had sexually harassed his secretary.

In a deal with prosecutors, the judge, Samuel B. Kent, pleaded guilty to obstruction of justice in February just as his trial was getting under away. In return, the government agreed to drop five charges that he had repeatedly groped his secretary and his case manager, touching their genitals and breasts against their will. Both women have agreed to be publicly identified.

Judge Kent, 59, admitted in his plea that he had forced himself on the two women, reversing his previous position that they had agreed to his advances. Handing down the sentence, Judge Roger Vinson of United States District Court said Judge Kent’s conduct was “a stain on the judicial system itself.”

Dick DeGuerin, a lawyer for Judge Kent, said the judge suffered from depression, alcoholism, diabetes and bipolar disease. Rather than resign before he serves his time in prison, Judge Kent, appointed to the lifetime post by President George Bush in 1990, has asked to be allowed to claim that he is disabled so he can continue to collect his salary of $169,300 a year, Mr. DeGuerin said.

Read more: http://www.nytimes.com/2009/05/12/us/12judge.html?ref=global-home

[NC_Nurse]

1. Fuck that. He's a criminal. NO salary, NO pension. He abused his position.

[bemildred]

2. Why has he been on the bench for 19 years?

How many trials has he compromised?

But yeah, I don't see why he should be paid anymore than he's already got.

[rwheeler31]

3. Who decides this claim?

Were the charges harassment or assault? That seems like a very long sentence.

[bemildred]

4. "repeatedly groped ... touching their genitals and breasts against their will"

Sounds like assault, at least, to me.

[Downwinder]

5. I think the charge is the same as Scooter's and Martha's. n/t

[Baby Snooks]

6. A very long sentence?

Most of the women in Houston, including the ones he assaulted, and probably most of the women everywhere else believe he should have been given 33 years.

http://www.chron.com/disp/story.mpl/front/6419008.html

He was never charged in the matter and instead pleaded guilty to obstruction of justice - for lying to the 5th Circuit Court when they investigated his misconduct. The same 5th Circuit Court he has petitioned to allow him to "retire" on the basis of "disability" to ensure he can continue to draw a big fat paycheck off the taxpayers.

If the 5th Circuit allows him to hopefully Congress will impeach them as well as him. Most expect they will not. They were not amused by a federal judge committing perjury in his response to them which is how he ended up being charged with, and pleading guilty to, obstruction of justice.

A total sleazeball. Another one of the Texas "charmers" appointed by George HW Bush ran afoul of the 5th Circuit Court as well several years ago when she dismissed a lawsuit against the City of Houston on the basis that "homosexuals did not have protections or rights under the law." The 5th Circuit Court "corrected" her and reinstated the lawsuit. The city apparently settled. No one knows for sure. The city was embarrassed for the obvious reason - they had petitioned for dismissal of the lawsuit on the basis that homosexuals didn't have protections or rights under the law and the federal judge, Melinda Harmon, merely agreed with them. They were "corrected" along with the judge.

I believe the federal judge in Los Angeles who was caught looking at pornography while presiding over a pornography trial was also an appointee of George HW Bush. Maybe all of the judges he appointed needed to be looked at. This was, pardon the pun, strike three. Maybe they should all be out. Or at least off the bench. It certainly does draw attention to his appointees. And someone really should take a look.

[Downwinder]

7. With this plea he won't even be on the sex offender list.

[rwheeler31]

8. Some thing is wrong with this story.

[Baby Snooks]

9. Of course not...

But it was better to plead guilty to obstruction of justice than to be charged and found guilty of sexual assault although I believe the federal charge is merely sexual harassment.

I believe at one point the original complainant, apparently there were others, tried to have Galveston County where the crimes occured to file sexual assault charges but the Justice Department blocked it calling it a "federal matter." It ended up in the 5th Circuit Court as a matter of judicial misconduct. They could have removed him from the bench. Instead he lied to the court and ended up being charged with obstruction of justice. So legally he is not a sex offender. Unofficially he is a pervert. In every sense of the word.

The whole matter has been a travesty. Including the sentence of 33 months.

[rwheeler31]

10. TY

[Baby Snooks]

11. But he may be impeached...

http://www.chron.com/disp/story.mpl/metropolitan/6417805.html

If they do file, it will block the 5th Circuit from doing anything unless the 5th Circuit decides it wants to risk being impeached as well.

He may prove to be the "poster boy" the Texas Republicans as well as Republicans in general don't need at this point.

[Piewhacket]

12. Can't he also be charged under Texas law.

"admitted in his plea that he had forced himself on the two women"
that sounds like admitting to at least two counts of sexual assault.

[Baby Snooks]

14. I don't think he can be at this point...

I am not an attorney but I don't think he can be. As I recall, states prosecute first if they choose to. The state chose not to. But as I recall it was because the Justice Department claimed it was a federal matter. The state should have charged him anyway.

Congress should look at the way the Justice Department "ran interference" in the matter. Not that it will. But it should.

I'll be content if they impeach him and convict him and remove him from office. And remove his "retirement" as well.

We have some strong advocates for victims of sexual assault in Texas so it will be interesting to see how they react to this. Even though it was a federal court, the fine should have been much higher and used to pay restitution to the victims. I think they got $3,000 for psychological counseling. Nothing more.

Life is fair. Unfortunately it's filled with schmucks. Invariably they are attorneys. The State Bar of Texas should revoke his license but probably won't. The good old boys always protect the bad old boys. Just in case one of them gets caught and becomes one of the bad old boys.

[Piewhacket]

20. Thank you. Somehow I doubt this is over...

It looks to me like he was sued under federal law, lied, and was caught, then
plea bargained by admitting "that he had forced himself on the two women"

Conviction for obstruction is definitely serious enough for his resignation or
removal by impeachment,which I think will follow or there will be an outcry.
(In February, Kent notified President Barack Obama and Jones that he would
retire immediately from the bench. (see Texas Lawyer May 11, 2009 article)

And if the judge has a law license anywhere, he will resign them or be disbarred.
(according to his lawyer, stated in open court, Kent has “tendered his resignation”
to the State Bar of Texas. - Texas Lawyer May 11, 2009)

And we should keep in mind that the federal conviction is for obstruction, plead down for
dismissal of criminal sexual harassment charges, but considerations of double jeopardy or superior
federal authority do not bar the state from prosecuting him for state crimes of sexual assault,
although a prosecutor would probably look at what might be gained from the exercise. There might be
some technicality, however, so I'm not entirely sure about the state claims.

The questions remaining seems to be whether Kent will get a disability, since he is not
yet old enough for his retirement, whether he will be prosecuted under state law for sexual
assault, and whether his federal sentence might still be reduced.

Really, HE'S DONE.


There is a very good article with details in the May 11, 2009 Texas Lawyer.
Google News "Samuel B. Kent" and look for the Texas Lawyer article.

- Cathy McBroom, Kent’s former case manager filesd an employee complaint
saying that she would avoid Kent at the courthouse when he was intoxicated and
that “Being molested and groped by a drunken giant is not my idea of an affair,”
and that that Kent falsely told others that she was pursuing him. McBroom was
apparently not the only complainant.

-On Sept. 28, 2007, the Judicial Council of the 5th Circuit reprimanded Kent based
on a "sexual harassment" complaint and allegations of "instances of alleged
inappropriate behavior toward other employees of the federal judicial system."

- on Aug. 28. 2008 A federal grand jury indicted him on three federal criminal
charges stemming from McBroom’s complaint.

"In February, on the day jury selection was supposed to begin in Kent’s criminal trial,
Kent pleaded guilty to the obstruction-of-justice charge in exchange for the government
dropping five sex abuse charges. Kent pleaded guilty to making false statements to
the Special Investigative Committee of the 5th Circuit, which was investigating McBroom’s
complaint." Former Judge Samuel B. Kent Sentenced to 33 Months in Prison, By BRENDA
SAPINO JEFFREYS , Texas Lawyer, May 11, 2009

[Baby Snooks]

13. Ooops..

http://www.chron.com/CDA/archives/archive.mpl?id=2009_4686682

He was charged in the matter. With sexual abuse which as I understand it is the same as sexual harassment. Additional indictments were handed down in January with regard to allegations by a second victim. Sexual abuse, abusive sexual contact, and obstruction of justice. He pleaded guilty to the charge of obstruction of justice as the trial began.

There is also a question regarding his retirement. Is he retired or not? Apparently he retired after the second indictments were handed down and yet has petitioned the 5th Circuit Court to retire on the basis of disability. Among other things, he is alcoholic and bi-polar. Makes you wonder if he was alcoholic and bi-polar when he was appointed to the bench.

[GreenTea]

15. Slimy republicans!

[destes]

16. Simply republicans!

[Orrex]

17. Let him continue to collect his salary

And let each of those women sue him for 10 or 15 times that amount.


One point puzzles me, though; was he sentenced for committing these assaults, or for maintaining his innocence? The first sentence of the article makes it sound like he got the jail time for claiming that he didn't do it, but isn't that what just about every defendant does?

[catrose]

18. Personally

I'm rather tired of being abused and harassed by people who are depressed/alcoholic/diabetic/bipolar. And if the judge is disabled, can every person who is DADP or parts thereof be classified as disabled and enjoy the fruits of their diseases?

[AlexDeLarge]

19. I can only hope that similar charges are awaiting Antonin

Scalia. He seems to have the same disregard for the law and human beings that this guy did.

Pension, give me a break. I think that Congress should pass a law that if you break the law (felony or worse) that you lose the right to any pension or retirement plan benefits.