By John Tompkins
The Facts

Published September 10, 2008

An order to destroy information on two computers in Judge James Blackstock’s official oppression case stands after the district attorney and Blackstock’s attorneys conferenced by phone with the visiting judge overseeing the case Tuesday.

A Houston attorney representing two women who allege Blackstock sexually harassed them also said Tuesday he likely would file a civil sexual harassment suit against the county but did not say when.

Judge George Godwin told District Attorney Jeri Yenne and defense attorney Jimmy Phillips there is a standing order to clean the hard drives of the former judge’s personal information on the two computers, Phillips said.

“We called the judge and he indicated there was a valid order,” he said. “The judge felt there was no need to proceed further.”

The attorneys spoke with Godwin after Yenne filed a motion to request instruction last week 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.

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 last week.

Yenne said she intends to do her best to comply both with the federal subpoena as well as the court order.

“The court order remains in effect and the federal subpoena remains in effect and the public information requests remain in effect,” she said. “Our goal is to comply with all state and federal laws as well as court orders.”

Phillips said he would give Yenne time to have the information cleaned from the computers before he would consider filing a motion to find her in contempt of the order.

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.

Houston civil attorney Martin Shellist is representing two of the women who allege Blackstock sexually harassed them. He said though Yenne is trying to do the right thing by prosecuting the judge, she should not have agreed to clean the hard drives of information in the plea agreement.

“How could they agree to destroy evidence?” he said.

Yenne said cleaning the hard drives was part of the agreement because taking personal information off a computer used by a former county employee is routine when the computer is transferred to another employee. Before the federal subpoena was issued for the drives, they were not considered evidence, she said.

The judicial conduct commission is investigating claims made by the women and a federal judge likely will soon order the hard drives be preserved, Shellist said.

“A federal court will issue an order requiring electronic document preservation,” Shellist said. “I have no doubt about that.”

The commission’s regional attorney Jim Sacher did not return messages seeking comment Tuesday. He has said the commission could not confirm, deny or comment about any investigation.

Shellist said he likely would be filing a civil sexual harassment suit against the county on behalf of his clients.

“It seems the rights of my clients were violated,” he said.

Women were “strongly discouraged” by other county employees from bringing allegations against the judge, Shellist said.

“Women were told, ‘I would not go forward,’” he said.

Shellist declined to identify the county employees who he claims knew of past allegations.

Shellist also said Yenne should have an independent counsel assigned to deal with the civil and criminal cases involving the former judge.

With the commission investigation the county is, “in the position to defend the person” they prosecuted for official oppression, he said.

Yenne said she would continue to represent the county.

“My office has and will continue to do the right thing,” she said. “We are representing and will continue to represent Brazoria County. This is a difficult job. This is my job description.”

Yenne did say she could consider hiring co-counsel to help her with the case.

Brazoria County Commissioners also decided Tuesday to take applications for Blackstock’s former judgeship and are set to appoint a new judge by October.

John Tompkins covers Brazoria County courts for The Facts. Contact him at (979) 237-0149.