07-05-351-0086•Complaint of Judicial Misconduct Against U.S. District Judge Samuel B. Kent (Third Order) PDF
Complaint of Judicial Misconduct Against U.S. District Judge Samuel B. Kent (Third Order) PDF
07-05-351-0086Judcoun5
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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 4:0C3-cl--005DE3 [)ocument 1 r:::iled in D em OB/2(3/20()(3 Page 1 of 4 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 ---_.-----------_.-.._-------
Case 4:08c[.. 00596 Docurnent 1 Filed in TXSIJ on 08/28/2008 l:::lage 3 of 4 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
4:0C3-cr-00596 Docurnent 1 r=ilecJ in TXSD on 013/2i3/200C3 Page 4 of 4 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
lilc;cl ill [) on 01 l0E3/2009 PaDC0 1 of 7 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
4:0i3···cr···00596 Documc)nl Filed ill TXS[) Oil 01/0E3/2009 Page 2 of 7 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
4:()(3cr-00596 Document Filed in [) on 01/06/2009 Page 3 of 7 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 1H_'.IIIIII.I~II.fil.Ujjl.'IItlllllllWllll.'IHI.lill 11t1~11;lillll I f IIII!IIIIII 1:11 IIIII II Illill lI~lljl" I r 1IlW111WIII' lillIlKlUlilillll:111111,t.IH II;IHmUilll~I!IIUldlt.llllH~lllHlUtJllll
4:0B····cr···OO:sDE3 [)OCUI1ICnl 111 [) 011 01/0C3/2009 4 of l 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
4:0acr005D6 []oculnent I:ilecl in D on 01 /OC-3/2009 fJa~j8 5 of 7 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 ~1I1111!1l~FIIIIIIIl::1 iHlLtll1t 1~1111I1111li1!l1l1ll'llllllllillIIUI1UHt 'II IUllllllllllli~UI.lillllU1II:1.'IIIUI~ "IIHljlj.'I.IlIIIIIU;I.IIIII~111r
4:08-CI'-00596 IJoculT1cmt 56 r:ilecl in TXSD on 01/0f)/2009 Page f) of 7 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 6
Ii .O(3-cl--005C3fl Docu 111(;n t Fi In D on 01 !Ofl/2009 F)age 7 of 7 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-
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