Complaint of Judicial Misconduct Against U.S. District Judge Samuel B. Kent (Third Order) PDF

THE JUDICIAL COUNCIL OF THE FIFTH CIRCUIT
DOCKET NO. 07-05-351-0086
TMI JUDICIAL eouNCfL
OF·THE FtFTH CIRCUIT
PILeD
IJAN 	9 2009
Gregory A. NusseJ
~tary to the Counc«
IN RE: Complaint of Judicial Misconduct against United States
District Judge Samuel B. Kent under the Judicial Conduct and
Disability Act of 1980
ORDER
On 	December 	20, 	2007, 	this 	Council 	issued 	an 	order 	deferring
consideration of the complainant's motion to reconsider the sanctions imposed
against 	Judge 	Samuel 	B. 	Kent 	as 	the 	result 	of 	his 	misconduct. 	The
consideration ofthis motion was deferred in deference to a criminal investigation
being conducted by the United States Department of Justice.
On August 28, 2008, a United States Grand Jury handed down a three
count indictment charging Judge Kent with felonies for conduct which had been
the 	subject 	of the 	misconduct 	investigation 	of the 	Special 	Investigating
Committee and the sanctions imposed by this Council as a 	result of that
misconduct. 	(This indictment is attached as "Exhibit A".) 	The Council has
continued to defer action on the motion for reconsideration pending the trial on
those charges.
On January 6, 	2009, that same United States Grand Jury issued a
superseding 	indictment 	charging 	Judge 	Kent 	with 	committing 	additional
misconduct described in Counts 4, 5 and 6 of the superseding indictment. 	The
superseding indictment is attached as "Exhibit B". 	The conduct charged in
Counts 4,5 and 6 of the superseding indictment is conduct which is beyond the

misconduct the Special Investigating Committee and this Council discovered and
considered, and upon which it based its earlier sanction.
In light of the new allegations of additional serious misconduct of which
the Special Investigating Committee and the Council were unaware:
1. It is ordered that the complainant's motion seeking reconsideration of
the sanctions imposed against Judge Kent is granted;
2. Following the trial ofthe criminal charges pending against Judge Kent,
the Council will investigate the additional charges of misconduct alleged in
Counts 4, 5 and 6 of the superseding indictment along with any supplemental
investigation needed on the misconduct alleged in the original indictment. The
Council will take such additional steps as are necessary to impose further
sanctions in light of the result of the investigation.
DONE this 	tffday of January, 2009.
FOR THE COUNCIL:
2

EXHIBIT A
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United States Courts
Southern District of Texll$
FILED
AUG 	2 8 Z008
Count One: 	18 U.S.C. § 2244(b)
Count Two: 	18 U.S.C. §
2241(a)(I)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UNITED STATES OF AMERICA §
§
v. 	§
§
SAMUEL B. KENT 	§
CRIMINAL NO.
'.Michael N. Milby. Clerk of eaurt
08-596
Defendant.
§
§
§
§
Count Three: 	18 U.S.C. § 2244(b)
INDICTMENT
The grand jury charges:
INTRODUCTION
At all times relevant to this indictment:
1. 	Defendant SAMUEL B. KENT was a United States District Judge in the
Southern District of Texas. 	From 1990 to 2008, defendant KENT was
assigned to the Galveston Division of the Southern District, and his
chambers and courtroom were located in the United States Post Office and
Courthouse in Galveston, Texas.
2. 	Person A was an employee of the Office of the Clerk of Court for the
Southern District of Texas, and served as a Deputy Clerk in the Galveston
Division assigned to defendant KENT's courtroom.

4:C)g-cl"-OObD6 	[)ocurnc;rll 1 	r:ilccJ in 	D on OC3/2g/20Of3 	Il ag8 2 of 4
COUNT ONE
(18 U.S.C. § 2244(b))
Abusive Sexual Contact
3. 	On or about August 29, 2003, in the Southern District of Texas, in the
special maritime and territorial jurisdiction of the United States, defendant
SAMUEL B. KENT
did knowingly engage in sexual contact with another person without that
other person's permission, to wit: defendant KENT, at the United States
Post Office and Courthouse in Galveston, Texas, did engage in the
intentional touching, both directly and through the clothing, of the groin,
breast, inner thigh, and buttocks of Person A with an intent to abuse,
humiliate, harass, degrade, and arouse and gratify the sexual desire of Person
A.
All in violation of Title 18, United States Code, Section 2244(b).
COUNT TWO
(18 U.S.C. § 2241(a)(I))
Attempted Aggravated Sexual Abuse
4. 	On or about March 23, 2007, in the Southern District of Texas, in the special
maritime and territorial jurisdiction of the United States, defendant
SAMUEL B. KENT
did knowingly attempt to cause another person to engage in a sexual act by
2
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using force against that other person, to wit: defendant KENT, at the United
States Post Office and Courthouse in Galveston, Texas, attempted to cause
Person A to engage in contact between Person A's mouth and defendant
KENT's penis by forcing Person A's head towards defendant KENT's
groin area.
All in violation of Title 18, United States Code, Section 2241(a)(l).
COUNT THREE
(18 U.S.C. § 2244(b»
Abusive Sexual Contact
5. 	On or about March 23, 2007, in the Southern District of Texas, in the special
maritime and territorial jurisdiction of the United States, defendant
SAMUEL B. KENT
did knowingly engage in sexual contact with another person without that
other person's permission, to wit: defendant KENT, at the United States
Post Office and Courthouse in Galveston, Texas, did engage in the
intentional touching, both directly and through the clothing, of the groin,
breast, inner thigh, and buttocks of Person A with an intent to abuse,
humiliate, harass, degrade, and arouse and gratifY the sexual desire of Person
A.
All in violation of Title 18, United States Code, Section 2244(b).
3

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A true bill.
ORIGINAL SIGNATURE ON FILE
By: 	~
Grand Jury Foreperson
WILLIAM M. WELCH II
Chief, Public Integrity Section
By:
---ii, 	C 	(j 	1'\
~---Peter J. Ainsworth
John P. Pearson
AnnaLou T. Tirol
Trial Attorneys
4

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Michael N. MilbV, Clerk of Court
UNlTl;,L '. Tl\T._ COU.,TS
SOUTHERN DiSrRlCT Of TEXAS
FILED
jA ~.I,. ~ '/f!fFi	~1 	u~· ','"
Count One: 18 U.S.C. § 2244(b)
Count Two: 18 U.S.C. § 2241(a)(l)
Count Three: 18 U.S.C. § 2244(b)
Count Four: 18 U.S.C. § 2241(a)(I)
Count Five: 18 U.S.C. § 2244(b)
Count Six: 18 U.S.C. § 1512(c)(2)
v.
Defendant.
SAMUEL B. KENT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UNITED STATES OF AMERICA 	§ 	CRIMINAL NO.(~ R.......
§
§
§
§
§
§
§
EXHIBIT B
SUPERSEDING INDICTMENT
The grand jury charges:
INTRODUCTION
At all times relevant to this indictment:
1. 	Defendant SAMUEL B. KENT was a United States District Judge in the
Southern District of Texas. From 1990 to 2008, defendant KENT was
assigned to the Galveston Division of the Southern District, and his
chambers and courtroom were located in the United States Post Office and
Courthouse in Galveston, Texas.
2. 	Person A was an employee of the Office of the Clerk of Court for the
Southern District of Texas, and served as a Deputy Clerk in the Galveston
Division assigned to defendant KENT's courtroom.
III 	1IIII!mJll~!IIIII1IIIE I

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3. 	Person B was an employee of the United States District Court for the
Southern District of Texas.
COUNT ONE
(18 U.S.C. § 2244(b))
Abusive Sexual Contact
4. 	On or about August 29,2003, in the Southern District of Texas, in the
special maritime and tenitorial jurisdiction of the United States, defendant
SAMUEL B. KENT
did knowingly engage in sexual contact with another person without that
other person's permission, that is: defendant KENT, at the United States
Post Office and Courthouse in Galveston, Texas, did engage in the
intentional touching, both directly and through the clothing, of the groin,
breast, inner thigh, and buttocks of Person A with an intent to abuse,
humiliate, harass, degrade, and arouse and gratify the sexual desire of any
person.
All in violation of Title 18, United States Code, Section 2244(b).
2

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COUNT TWO
(18 U.S.C. § 2241(a)(I»
Attempted Aggravated Sexual Abuse
5. 	On or about March 23,2007, in the Southern District of Texas, in the
special maritime and telTitorial jurisdiction of the United States, defendant
SAMUEL B. KENT
did knowingly attempt to cause another person to engage in a sexual act by
using force against that other person, that is: defendant KENT, at the United
States Post Office and Courthouse in Galveston, Texas, attempted to cause
Person A to engage in contact between Person A's mouth and defendant
KENT's penis by forcing Person A's head towards defendant KENT's groin
area.
All in violation of Title 18, United States Code, Section 2241(a)(l).
COUNT THREE
(18 U.S.C. § 2244(b»
Abusive Sexual Contact
6. 	On or about March 23, 2007, in the Southern District of Texas, in the
special maritime and territorial jurisdiction of the United States, defendant
SAMUEL B. KENT
did knowingly engage in sexual contact with another person without that
other person's permission, that is: defendant KENT, at the United States
3
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Post Office and Courthouse in Galveston, Texas, did engage in the
intentional touching, directly and through the clothing, of the groin, breast,
inner thigh, and buttocks of Person A with an intent to abuse, humiliate,
harass, degrade, and arouse and gratify the sexual desire of any person.
All in violation of Title 18, United States Code, Section 2244(b).
COUNT FOUR
(18 U.S.C. § 2241(a)(I»
Aggravated Sexual Abuse
7. 	On one or more occasions between January 7, 2004, and continuing until at
least January 2005, anyone and all of which constitute the offense of
Aggravated Sexual Abuse, but which the Grand Jury cannot further
differentiate by date, in the Southern District of Texas, in the special
maritime and territorial jurisdiction of the United States, defendant
SAMUEL B. KENT
did knowingly cause and attempt to cause another person to engage in a
sexual act by using force against that other person, that is: defendant KENT,
at the United States Post Office and Courthouse in Galveston, Texas, did
engage and attempt to engage in contact between his mouth and Person B' s
vulva by force and did penetrate and attempt to penetrate the genital
opening of Person B by a hand and finger by force with an intent to abuse,
4

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humiliate, harass, degrade, and arouse and gratify the sexual desire of any
person.
All in violation of Title 18, United States Code, Section 2241 (a)( 1).
COUNT FIVE
(18 U.S.C. § 2244(b))
Abusive Sexual Contact
8. 	On one ore more occasions between January 7, 2004, and continuing until at
least January 2005, anyone and all of which constitute the offense of
Abusive Sexual Contact, but which the Grand Jury cannot further
differentiate by date, in the Southern District of Texas, in the special
maritime and tenitorial jurisdiction of the United States, defendant
SAMUEL B. KENT
did knowingly engage in sexual contact with another person without that
other person's permission, that is: defendant KENT, at the United States
Post Office and Courthouse in Galveston, Texas, did engage in the
intentional touching, directly and through the clothing, of the genitalia,
groin, breast, inner thigh, and buttocks of Person B with an intent to abuse,
humiliate, harass, degrade, and arouse and gratify the sexual desire of any
person.
All in violation of Title 18, United States Code, Section 2244(b).
5
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COUNT SIX
(18 U.S.C. § 1512(c)(2»
Obstruction of Justice
9. 	On or about May 21,2007, Person A filed a judicial misconduct complaint
with the United States Court of Appeals for the Fifth Circuit. In response,
the Fifth Circuit appointed a Special Investigative Committee to investigate
Person A's complaint.
10. 	On or about June 8, 2007, at defendant KENT's request and upon notice
from the Special Investigative Committee, defendant KENT appeared
before the Committee.
11. 	As part of its investigation, the Committee sought to learn from defendant
KENT and others whether defendant KENT had engaged in unwanted
sexual contact with Person A and individuals other than Person A.
12. 	On or about June 8, 2007, in the Southern District of Texas, defendant
SAMUEL B. KENT
did corruptly obstruct, influence, and impede an official proceeding, and
attempt to do so; that is, defendant KENT falsely stated to the Special
Investigative Committee of the United States Court of Appeals for the Fifth
Circuit that the extent of his unwanted sexual contact with Person B was
one kiss and that when told by Person B his advances were unwelcome no
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further contact occurred, when in fact and as he well knew defendant KENT
had engaged in repeated unwanted sexual assaults of Person B,in order to
obstruct, influence, and impede the Fifth Circuit's investigation into the
misconduct complaint filed by Person A.
All in violation of Title 18, United States Code, Section 1512(c)(2).
A true bill.
By:
( ORIGINAL SIGNATURE ON FILE
7
WILLIAM M. WELCH II
Chief, Public Integrity Section
By:
Peter J. Ainsworth
John P. Pearson
AnnaLou T. Tirol
Public Integrity Section
11!11111~1II111l11"II!T-