Judge Pleads Not Guilty to Sex Crime Charges

Judge Pleads Not Guilty to Sex Crime Charges
Texas Lawyer by Brenda Sapino Jeffreys - September 4, 2008

Speaking loudly and forcefully at his arraignment, U.S. District Judge Samuel B. Kent of the Southern District of Texas pleaded not guilty Wednesday morning to three federal criminal charges -- two counts of abusive sexual contact and one count of attempted aggravated sexual abuse -- and said he looks forward to a trial. "I plead absolutely, unequivocally not guilty and will very much look forward to a trial on the merits ... of what I consider to be flagrant, scurrilous charges," Kent told 5th U.S. Circuit Court of Appeals Judge Edward Prado of San Antonio, who heard Kent's plea by designation. On Aug. 28, a federal grand jury indicted Kent on the three charges, which resulted from a complaint filed by Cathy McBroom, a former case manager in Kent's Galveston court. Kent faces a maximum sentence of two years in prison on each of the two counts of abusive sexual contact and up to life in prison on the other, more serious charge.

Kent's attorney, Dick DeGuerin, a partner in DeGuerin & Dickson in Houston, told reporters after the arraignment on the 11th floor of the Bob Casey Federal Courthouse in downtown Houston that Kent has been anxious to speak his mind about McBroom's allegations ever since the 5th Circuit Judicial Council reprimanded and admonished him a year ago in connection with a complaint McBroom had filed in May 2007. The order disciplined Kent in connection with "sexual harassment" allegations. But on Sept. 3, Kent took advantage of his opportunity to talk. In court, Kent told Prado, "I absolutely intend to testify, and we're going to bring a hoard of witnesses." Kent even corrected prosecutor Peter Ainsworth, an Assistant U.S. Attorney assigned to the Department of Justice Public Integrity Section in Washington, D.C., after he incorrectly described two of the charges. DeGuerin told Prado he intended to point that out as well, noting, "Your honor, you will see I have very little client control."

After Prado approved Kent's personal recognizance bond, Kent said, "I will scrupulously appear at any schedule the court may set." Making court appearances in his criminal case won't require much effort -- DeGuerin says Kent will stay on his bench in the Houston courthouse while fighting the charges. Kent has been working in the Houston courthouse since January and hears only civil suits. Before moving to the Houston courthouse he sat in Galveston. It may be the last time for Kent to appear before Prado. Prado told Kent that it's his understanding that a judge from outside the 5th Circuit will be appointed to preside over the case, and it will be U.S. District Judge Roger Vinson of the Northern District of Florida. After the hearing, Vinson's office confirmed that he has been appointed.