GALVESTON — U.S. District Judge Samuel B. Kent was indicted Thursday on charges of abusive sexual conduct and attempted sexual abuse based on allegations his former case manager made last year.
The indictment, handed down late Thursday, makes Kent the first federal judge to be charged with federal sex crimes.
Dick DeGuerin, Kent’s attorney, said the judge was “eagerly looking forward” to clearing his name.
“He’s angry and he’s ready for the fight,” DeGuerin said. It was unclear whether Kent would continue to hear cases while under indictment and how the indictment would affect his salary and the other benefits of his office.
An investigation began in November, six months after his case manager, Cathy McBroom, claimed that the judge lifted her shirt, put his mouth on her breast and made obscene comments to her. The indictment says Kent also attempted to force McBroom to perform oral sex on him.
But the indictment says the March 27, 2007, incident was actually the second time Kent touched her inappropriately during the six years she worked for him.
During the first incident, five years ago today, Kent touched McBroom’s groin, breast, inner thigh and buttock, according to the indictment.
In a statement released through her attorney, McBroom said she felt validated by the charges.
“I am relieved to find that federal judges are not above the law and that sexual abuse in the workplace is never acceptable, no matter the status of the offender,” she said.
DeGuerin said everything that happened between Kent and McBroom was “enthusiastically consensual” — a statement he’s repeated several times to the media. McBroom has said that statement “horrified” her.
“They worked together for six years on a daily basis,” DeGuerin said. “The first time she ever complained was when she was about to get fired. This is a classic swearing match.”
McBroom requested a transfer after the second incident and then filed a formal judicial misconduct complaint.
Because of that complaint, the Judicial Council of the 5th Circuit reprimanded Kent on Sept. 28 last year and suspended him for four months.
DeGuerin called the suspension “weak” and proof that evidence against the judge was limited.
“They’re some of the toughest judges in the country,” he said. “If they can’t agree on what happened, how can a jury agree?”
McBroom, too, thought the suspension was flimsy.
“I was shocked that Judge Kent’s conduct was not viewed more seriously and that he would be allowed to sit in judgment of others,” she said.
During the suspension, the FBI and U.S. Department of Justice began an investigation into the complaints and widened its probe to include examinations of Kent’s relationships with attorneys who practiced in his court and his real estate deals.
The indictments didn’t include any charges related to that investigation, but DeGuerin said federal prosecutors hadn’t committed not to pursue other charges.
After Kent returned from the suspension in January, he was transferred to the federal courthouse in Houston after almost two decades as the sole presiding judge over the Galveston court.
+++
Kent Timeline
Aug. 29, 2003 — First incident when McBroom complains of being touched inappropriately
March 27, 2007 — Second incident in McBroom’s complaint May 2007 — McBroom files a formal complaint
Sept. 28, 2007 — Kent reprimanded by 5th Circuit Judicial Council, suspended for four months
November 2007 — U.S. Department of Justice begins probe into McBroom’s claims
December 2007 — Probe widens to include Kent’s relationships with attorneys in his court and real estate deals
Jan. 10, 2007 — Kent returns to court after suspension
