Texas juvenile jail sex assault case stalls again

[June 30, 2009]  MONAHANS, Texas (AP) -- More than two years ago, a pair of former administrators at a remote West Texas juvenile prison were indicted on charges accusing them of sexually preying on teenage boys at the facility -- a development hailed by the state's attorney general as a first step toward justice in a statewide scandal.

But the cases have languished in court. And the delay could spell trouble for the prosecution, say attorneys and legal scholars.

"Memories fade and peoples' commitment to seeing justice done sometimes seems less urgent," said Michele Deitch, a lawyer who teaches juvenile justice policy at the University of Texas in Austin.

"There are many good reasons why trials are supposed to be held in a timely fashion," she said, "and one is that memories are better; two is that more evidence is available and three is that more people are focused on seeing justice done."

News accounts revealed that Texas Rangers had found rampant sexual abuse at the prison in 2005, but prosecutors and the Texas Youth Commission took no action. Local District Attorney Randall W. "Randy" Reynolds said the delay was caused by a "breakdown in communication."

In April 2007, a grand jury handed up indictments against John Paul Hernandez, a former principal at the West Texas State School, and Ray Brookins, a former assistant superintendent. The two men were accused of engaging in illegal sexual activity with teenagers at the lockup over several months in 2004 and 2005.

Hernandez and Brookins have pleaded not guilty and denied wrongdoing.

Texas Attorney General Greg Abbott said at the time that the indictments brought the victims "a step closer to the justice they deserve."

Justice took a small step last week as the cases were transferred to a new judge.

"After nearly two years of unnecessary delays, these cases need to proceed to trial," said Jerry Strickland, a spokesman for Abbott, who took over the high-profile cases in 2007 after the allegations were made public.

Prosecutors repeatedly asked District Judge Bob Parks to set trial dates, he said. But nothing happened. The cases were transferred Thursday to an Odessa judge, Jay Gibson. Court records do not show why Parks was removed, or at whose request.

Parks had not ruled on several motions, including requests from both Hernandez's lawyer and prosecutors to move the trial.

Parks has declined to discuss the cases.

Brookins was set to stand trial last year but the case was postponed after his lawyer missed court hearings following his own arrest on undisclosed charges.

An Odessa lawyer, Bob Garcia Jr., was appointed to represent Brookins in December. Garcia did not return several messages seeking comment.

Hernandez was also set to stand trial last summer in Odessa. That date also was canceled, though court records don't indicate why. Albert G. Valadez, Hernandez's lawyer, also did not return messages seeking comment.

Rod Ponton, a former Presidio County Attorney now in private practice in Alpine, said the delay is baffling.

"In my trial experience, it should have been tried before now," said Ponton, who has handled cases in Parks' court. "I know Judge Parks and he's a good fellow, but I know he's had some health problems that have kept him off the bench."

Ponton, who has been a prosecutor and defense lawyer, said the delays are likely to help the defense.

Deitch, who was part of a committee that recommended changes to TYC in the wake of the sex abuse allegations, said she too is puzzled that such high-profile cases haven't been brought to trial.

The scandal upended TYC, the agency responsible for housing and rehabilitating. Several people, including the agency's top two officials, were fired or forced out of TYC.

The allegations also prompted an agency-wide overhaul that included investigations at all of TYC's facilities.

"Given that these incidents led to the revamping and reorganization of an entire state organization, there's something very disturbing that this case hasn't been resolved," Deitch said.

[Associated Press; By ALICIA A. CALDWELL]

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