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DA, federal prosecutor discuss Kent
By Marty Schladen
The Daily News
Published November 11, 2007
District Attorney Kurt Sistrunk has conferred with U.S. Attorney Donald DeGabrielle about who would have jurisdiction if U.S. District Judge Samuel Kent committed a crime in the courthouse at Church and 25th streets. Meanwhile, DeGabrielle’s office wouldn’t confirm or deny rumors that it had opened a criminal investigation into the suspended judge’s conduct. The FBI also wouldn’t say whether it had begun a probe.
Kent was reprimanded in September by his colleagues in the 5th Judicial Circuit after a court employee, Cathy McBroom, in May accused him of sexually harassing her by touching her in ways she didn’t want.
McBroom was transferred to the federal courthouse in Houston.
Sistrunk was asked last week whether anyone had filed a criminal complaint against Kent with his office. In an e-mail, he said no one had.
“I’ve spoken with Mr. DeGabrielle, the U.S. Attorney in Houston, regarding jurisdiction on any criminal offenses that may occur in our local federal courthouse, and we’re in agreement that the jurisdiction for any criminal offenses occurring in our local federal courthouse is with the U.S. Attorney’s office and thus their responsibility for any possible criminal prosecution,” Sistrunk wrote.
The report from the 5th Circuit’s investigation into Kent’s behavior remains under wraps. In its order punishing the judge, it referred only to McBroom’s and other, unspecified complaints against him. The order said Kent was being reprimanded for “the conduct described in the report,” but it doesn’t say whether it found any of the allegations made against Kent to be credible.
Kent also has been accused of playing favorites among the attorneys who practiced before him.
Late last month, his colleagues in the Southern District of Texas voted to remove him as permanent judge in Galveston. When he returns to the bench in January, he’ll split cases with 11 other judges in the Galveston-Houston region.
He and his attorney have ignored repeated requests for comment.
Dissatisfied with the 5th Circuit’s punishment and its vague order, the National Organization for Women called on the U.S. House Judiciary Committee to initiate an investigation of its own and, if it determined that Kent was guilty of sexual harassment, to initiate impeachment proceedings.
Under the Constitution, the only way to remove federal judges is if the House votes to impeach them, and the Senate votes to convict them.
Rep. Lamar Smith, R-Texas, the ranking Republican on the Judiciary Committee, last month said the allegations against Kent should be investigated.
Then last week, another member of the committee, Sheila Jackson-Lee, D-Texas, made a formal call for an investigation. The committee’s staff said Chairman John Conyers, D-Mich., was taking the matter “very seriously.”
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