[So, what do you say when the defendant has hired a big-name lawyer. Read on for one good choice.]

Accused judge enlists help of Dick DeGuerin

By LISE OLSEN
Copyright 2007 Houston Chronicle

U.S. District Judge Samuel Kent has hired top Houston criminal defense attorney Dick DeGuerin who insisted Wednesday that the judge committed "no crime" when he allegedly touched his former case manager inappropriately in his chambers last March.

"If and when he has his day in court, Judge Kent will be able to satisfy any jury there was no crime committed or intended; but I don't think it's going to get that far," said DeGuerin, who was asked by Kent to represent him in an ongoing investigation by the FBI.

Kent, a federal district judge previously assigned to Galveston, was reprimanded by the 5th Circuit judicial council Sept. 28 for "sexual harassment" and "inappropriate behavior" toward female employees. The reprimand resulted from a misconduct complaint filed by his former case manager Cathy McBroom in May.

DeGuerin said he has reviewed the secret documents prepared by investigators for the judicial council, but could not discuss the findings. He said judicial investigators and the council clearly determined there was "no probable cause" to believe Kent had committed any crime.

The records of judicial investigations are routinely provided to judges accused of misconduct, though they are not given to complainants.

"If the 5th Circuit judicial council had found probable cause they would have been under an obligation to forward it" to prosecutors and to the Judicial Conference of the United States, DeGuerin said.

DeGuerin was hired after Rusty Hardin, another prominent Houston attorney who represents McBroom, publicly alleged that Kent had committed a crime. Kent already had hired the law firm of Baker Botts to represent him in proceedings before the 5th Circuit judicial council.

DeGuerin and Hardin are both criminal law legends in Houston.

Hardin said his conclusions are based on statements from 20 witnesses, including McBroom; half of whom had not been previously interviewed by the judicial council investigators. Hardin said he's confident that the when all of the information comes out that "the public and any potential fact finder will side with Cathy McBroom."

Kent cannot discuss the matter under federal law, though privately he has maintained his innocence, DeGuerin said. On Nov. 30, Kent voluntarily gave an interview to the FBI, which is investigating the case, DeGuerin added.

Based on a review of the judicial council records, DeGuerin says there are issues about the credibility and motives of the complainant.

McBroom has repeatedly refused to comment on her complaint.

However, her friends and her mother told the Chronicle last month that Kent called her into his chambers in March and asked her for a hug. Then Kent pulled up her shirt, pulled down her bra and put his mouth on her breast. McBroom fled the office crying after the incident was interrupted by the arrival of another employee, according to the accounts provided to the newspaper.

Two other former court employees, who both spoke to the Chronicle, have alleged that Kent harassed or improperly touched them in other unrelated incidents.

However, several federal court employees who cooperated with the judicial investigation and are considered most loyal to Kent have refused interview requests from the newspaper � including McBroom's former supervisor and Kent's secretary.

Judicial employees in Houston and Galveston have been warned they could be fired if they discuss the case.

The 5th Circuit judicial council used a Baton Rouge law firm for its investigation. The firm, whose Houston office regularly conducted business in Kent's court, was hired to review McBroom's complaint and take sworn statements from witnesses. Three investigating judges also interviewed witnesses, including McBroom.

Based on their investigation, Kent was reprimanded. Earlier, he had been placed on a paid leave of absence. He is scheduled to return to the federal bench in January with a reassignment to Houston.

However, McBroom has asked the judicial council to again consider referring Kent to the Judicial Conference of the United States, which has the power to recommend impeachment.

Hardin recently provided a summary of the findings of his firm's investigation to both to the 5th Circuit judicial council and to the U.S. Department of Justice. He is confident his client will be believed and that Kent will be prosecuted.

"That guy should not be a federal judge," he said. "To me, that's the bottom line. Judge Kent has hired an excellent lawyer and it's a good thing; he needs one."

Has either or both violated Professional Conduct Rule 3.07 regarding pretrial publicity?

From a Texas Lawyer article:

Hardin says he has done nothing wrong in representing his client and commenting to the press.

"I am under no confidentiality order, and I have not discussed the facts, but Dick is certainly free to take that up before the proper authority," Hardin says.

Hardin says it's a "disservice to everyone" to keep McBroom's allegations against Kent, a sitting federal judge, secret.

Now that Judge Kent's case is about to go to trial, seems his attorney is looking to do some damage control about the obstruction charge. How do you explain a lie? Here you go:

DeGuerin said in court Tuesday that Kent was only being a gentleman when he lied about his affair to the judicial commission investigating the original complaint. "Through the ages the recognized proper course of conduct was to not discuss affairs of the heart. It's nothing more than that," DeGuerin said.

Details.

That's rich.

It also for years was considered rude to discuss money in public. I'll be sure to use that argument when the IRS comes after me.

If defense attorney Dick DeGuerin sticks with what he's filed and said in court, the judge's defenses will include that the women both consented, that the judge had erectile dysfunction and that Kent has a powerful ego and might not have known if the women weren't consenting.

Details.

[Not a very complimentary set of defenses. What's the old story about the lawyer who argued that his client didn't have a dog but if he did it didn't bite?]

A federal judge pleaded guilty Monday to lying to investigators about sexually abusing his secretary in exchange for prosecutors dropping five sex-crime charges alleging he groped two women.

U.S. District Judge Samuel Kent also retired Monday, effective immediately, possibly avoiding impeachment by Congress.

Details.

I confess I still laugh when I read some of his opinions. For all his problems, he could be a dang funny man.

(Still not as funny as A.P. though - gotta love me some of that San Jose Tattletale.)

A.P. is a national treasure.

Does he still get a full pension?

JAS

By "retiring", the judge avoids impeachment. But, a felony conviction and admission of the underlying accusations could well result in some civil litigation. As for whether he keeps his retirement, no explanation from the previously outspoken defense attorney.

Maybe he can become a professional baseball player and use performance-enhancers, also known as the Viagra of the dugout - then apologize for it all after he gets caught, then continue to make millions, then write a book...the circle of life.

Imprisoned former federal Judge Samuel Kent has been quietly transferred from a federal prison hospital in Massachusetts to protective custody at an undisclosed location in the Florida state prison system because of unspecified concerns over his safety, officials said Friday.

Details.