Ex-youth prison official convicted of sexually abusing teenage inmate at West Texas lockup

By Alicia A. Caldwell, AP
Thursday, April 22, 2010

Ex-Texas youth prison official guilty of abuse

ODESSA, Texas — A former Texas youth prison administrator was found guilty Thursday of sexually abusing a teenage inmate more than five years ago in a case that ignited a statewide scandal over the treatment of young offenders.

Ray Edward Brookins was convicted of two counts each of having an improper sexual activity with a person in custody and having an improper relationship between an educator and student.

Brookins, a former assistant superintendent of the Texas Youth Commission’s West Texas State School in Pyote, was immediately taken into custody.

Brookins could face up to 20 years in state prison. The sentencing phase began Thursday, with a former inmate testifying that he had a sexual relationship with Brookins at a state prison in the 1990s. The man, who was 28 at the time, told jurors that he felt coerced because Brookins was a prison captain and could protect him from other inmates.

Testimony is expected to continue Friday.

Brookins is one of two former school administrators accused of sexually abusing teenage inmates. Several top agency officials have resigned, and former principal John Paul Hernandez awaits trial.

In all, authorities believe at least 13 boys were sexually abused. The case led to accusations of a cover-up and reports exposing lax medical care, youth beatings and a culture of retaliation against whistle blowers, and eventually lawmakers ordered an overhaul of the system.

Brookins’ attorneys called no witnesses and rested their case Thursday morning immediately after prosecutors rested their case.

The jury of seven men and five women could be heard deliberating with raised voices in the jury room of the Ector County courthouse. In notes to the judge, they reported being divided 10-2. But the judge ordered them to continue, and they reached a verdict after about three hours.

The former inmate testified that Brookins sexually molested him at night in his office. He said Brookins performed sexual acts on him while displaying pornography. He isn’t being named because The Associated Press generally does not identify victims of sexual abuse.

Defense attorney Rick Navarrete chastised the former inmate during closing arguments, saying he has two robbery convictions on his record and continues to have trouble with the law.

“You should never trust a man who cries on your shoulder while he stabs you — stabs society — in the back,” Navarrete told the jury. “This is a man who uses violence and takes what he wants.”

Navarrete also said the state’s evidence was inconclusive and unpersuasive.

Assistant Attorney General Adrienne McFarland blamed Brookins for the victim’s subsequent crimes, saying Brookins failed in his duty to act as a mentor and to rehabilitate the youth.

The jury heard from 11 witnesses over two days of testimony in Odessa.

Texas Rangers Lt. Brian Burzynski, who investigated the case, testified Thursday that Brookins and Hernandez summoned inmates from their dorms late at night to vacant conference rooms, offices and ball fields for sex over a span of at least two years.

The report, which wasn’t acted on for two years, also described late-night encounters involving oral sex, masturbation and pornographic videos. Some of the teen inmates were also threatened with retaliation, investigators said.

After the scandal broke, state lawmakers ordered a radical overhaul by improving staff-to-inmate ratios, creating strong new investigative powers to look into claims of abuse, and prohibiting courts from sending youths to state lockups for misdemeanors.

A family “Bill of Rights” on visitation and contact with inmates and how to file grievances was created and lawmakers create a new office in the agency to act as an advocate for inmates.

Associated Press writer Jim Vertuno contributed to this report from Austin.

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