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TYC hearing postponed
Comments 0 | Recommend 0Judge gives defendant until May 30 to acquire an attorney
MONAHANS Another hearing, another attorney problem for Ray Brookins.
The 42-year-old former West Texas State School assistant superintendent, who was charged in April 2007 on two counts each of "improper relationship with a student" and "improper sexual activity with a person in custody," was supposed to have a change-of-venue hearing Friday at the Ward County Courthouse.
But, like he did at a March 5 hearing, Brookins showed up without representation. And this didn't make 143rd District Judge Bob Parks happy.
"You assured the court you would hire an attorney," Parks told Brookins. "What possible reason do you have for not retaining an attorney?"
Brookins responded that he's met with attorneys, but none would take his case, some citing "political" reasons. He said he had meetings scheduled with more attorneys from Dallas and Houston.
Parks then gave Brookins until May 30 to hire an attorney, or have one appointed at his expense. His trial had originally been scheduled to start April 28.
"You have now delayed the trial," Parks told Brookins during the five-minute hearing.
Brookins attorney problems started Jan. 17 when his former counsel, Scott Dolin, told Parks he'd only heard about a hearing "a couple days before" when Brookins mentioned it to him.
Then, March 5, Dolin failed to show for another hearing. Brookins then told the court he hadn't heard from the attorney in two weeks. Parks ordered the defendant to find Dolin or hire other counsel.
Meanwhile, Ward County District Clerk Patricia Oyerbides said Friday that a decision on a change of venue request for John Paul Hernandez had yet to be made.
Hernandez, former principal at the Pyote state school, has pleaded not guilty to one count of sexual assault, a second degree felony punishable by up to 20 years in prison, and nine counts each of "improper sexual activity with a person in custody" and "improper relationship with a student," both second degree felonies.
Both prosecution and defense attorneys agreed in a March 5 hearing that it would be difficult for Hernandez to receive a fair trial in Monahans, but disagreed on where the trial, scheduled for June 2, should take place.
Assistant Texas Attorney General Lisa Tanner had said Odessa would be a logical site for the trial, while Pecos and Fort Stockton were also mentioned during the hearing.
Both men are accused of molesting boys at the West Texas State School in nearby Pyote. Both have the asked to move the trial away from Monahans where they don't believe they can get a fair trial.
A statewide scandal erupted when the two West Texas State School administrators were accused of sexually assaulting imprisoned male youth, and state-level commission officials were accused of weakly addressing the allegations.
The West Texas State School fallout led to sweeping agency reform signed into law in early June. Every facility was also re-examined for its effectiveness and need. In February, the state announced that the boot camp in Sheffield would be shut down.
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