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Fate of hard drives in question
Published September 5, 2008
ANGLETON — The Brazoria County district attorney has asked for a hearing to determine what should happen with two computers confiscated during an investigation of former County Court at Law Judge James Blackstock.
District Attorney Jeri Yenne filed the motion Wednesday after she received a subpoena from the federal Equal Employment Opportunity Commission requesting she preserve the hard drives from the two county-owned computers, which are being kept by the county’s information systems director, according to documents from the district clerk’s office.
She also received a public information request from one of the women who accused Blackstock of touching her inappropriately and sending her lewd images by e-mail, court documents state. The Facts also filed an open records request to view the contents of the hard drive Thursday.
Blackstock pleaded no contest Aug. 29 to four counts of assault by offensive and provocative physical contact and one count of official oppression. Eleven charges of official oppression were dismissed. He also resigned his post as the County Court at Law No. 3 judge.
The court’s finding involved complaints from five women, ranging in age from their late 20s to mid-50s, leading to 14 misdemeanor charges of official oppression against Blackstock.
As part of a plea agreement, the county was ordered to clean two computers of any personal information, programs and data as soon as possible, according to court documents.
Yenne’s motion filed Wednesday asks visiting Judge George Godwin what she should do in light of the federal subpoena as well and open records request filed for the information on the computers. Blackstock’s attorney said the hard drives still should be destroyed because it’s part of the judge’s order.
Yenne stated in her motion that local government code and the Texas Public Information Act place her in a “dilemma and difficult position in determining lawful actions to be taken with respect to computer records.”
Yenne said Thursday she could not comment about the hard drive or the Equal Employment Opportunity Commission’s investigation into the claims against Blackstock. She did say she would do her best to follow the law.
“We at all times comply with state and federal law,” she said.
EEOC trial attorney Connie Wilhite stated in a letter to Yenne on Tuesday that the information on the computers would be needed in an investigation the commission is conducting into allegations against Blackstock filed by county employees.
“Thus, the hard drive must be maintained as is, without the destruction of any documents contained thereon, for our review,” Wilhite said in the letter filed at the district clerk’s office.
EEOC regional attorney Jim Sacher said he could not comment about any pending investigation.
“I can’t confirm or deny anything about any open investigation,” he said.
The public information request filed by one of the women who accuse Blackstock of sexual harassment was faxed to the district attorney’s office by Angleton attorney Lenette Terry.
Terry said the request was faxed from her office but she is not currently representing the woman in a lawsuit and she could not comment further.
Blackstock’s attorney, Jimmy Phillips, filed an answer to the motion for instruction saying the local government code and the public information act do not apply to personal information stored on the hard drive.
The computer already should have been cleaned because the law applies only to governmental records, Phillips’ motion states.
“They don’t have the probable cause to preserve the hard drive for a future fishing expedition,” he said.
Brazoria County Human Resources Director Jim McCoy said his office and the EEOC are investigating sexual harassment claims made by five county employees against Blackstock.
“It’s an administrative type of procedure,” he said.
Claims filed with the EEOC are separate of any criminal investigation, he said. McCoy said he is trying to determine if the county has any legal liability stemming from the accusations.
“There’s a question of whether a judge can create liability for the county,” he said.
A finding by the EEOC that discrimination occurred could lead to an offending employee’s termination, reassignment or the reinstatement of an employee fired because of discrimination, McCoy said. It could also lead to a financial settlement, he said.
He did say none of the employees who allege harassment have been fired, he said.
“Potentially the EEOC could file a lawsuit on behalf of the charging parties,” he said.
Blackstock was suspended Aug. 13 by the State Commission on Judicial Conduct after the 14 charges of official oppression were filed against him. In the time since he left the bench, his cases have been heard by the three other county courts at law as well as a visiting judge.
The county commissioners must appoint someone to the position and that person will serve the remainder of the term, which expires in 2010, Elections Director Janice Evans told commissioners in an e-mail.
The commissioners have not named a replacement, but it will be on the agenda for the next commissioner’s court meeting at 9 a.m. Tuesday, said Arthur Velasquez, executive assistant for County Judge E.J. “Joe” King.
Staff members for District Judge Randall Hufstetler moved law books, office supplies and personal items into the offices of the fourth-floor courtroom at the Brazoria County Courthouse previously occupied by Blackstock.
John Tompkins covers Brazoria County courts for The Facts. Contact him at (979) 237-0149.
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