New evidence of judicial misconduct halts execution of East Texas man sentenced by District Judge Bascom Bentley. (Source: KETK)
Anderson County, TX:
In 2003, District Judge Bascom Bentley sentenced Robert Roberson to death for the so-called shaken baby syndrome of his 2-year-old daughter Nikki Curtis. However, Judge Bentley had secretly authorized the child's maternal grandparents, Larry and Verna Bowman, to take her off life support prior to charging Roberson with capital murder. In fact, it was Bascom Bentley himself who called the hospital directing them to contact the Bowmans for permission to remove Nikki from life support. According to Larry Bowman, Judge Bentley told the hospital that the Bowmans were actually Nikki's parents. Bentley showed prejudicial malicious intent the moment he picked up the phone. After finding all of this out, the investigating officer recanted his entire testimony. (Source: NBC Dateline)
Medical kidnapping and termination of life sanctioned by the presiding judge in a capital murder case.
Robert Roberson was arrested the same night Bascom Bentley signed the arrest warrant and before little Nikki Curtis' autopsy. Bentley was NOT the sitting 3rd District Court judge where the criminal case was filed, nor is there legal documentation the case was transferred to him. In typical corrupt East Texas fashion, Roberson's case was assigned to Bentley's docket, despite three other available district judges without conflicts of interest. Bentley did not want a Family Law hearing in a different court regarding parental rights over Nikki Curtis, so he chose to violate Robert Roberson's due process. The risk of a remand or an outright dismissal on a technicality wasn't even considered when Bascom Bentley named himself executioner. A small town judge's bloated ego outweighed a little girl getting justice.
"Whaddaya mean, recuse?"
What did Nikki Curtis die from? Quite a different set of facts than those presented during Robert Roberson's trial and post-conviction. Bascom Bentley's hometown jury would, as they say, convict a ham sandwich if he told them to. An indigent father accused of bashing his daughter's head in would be an easy win for Anderson County prosecutors. Yet as usual, Bentley chose to usurp the entire legal process, just to see what he could get away with and who at the higher courts would go along with it. Who cares whose rights are violated? Robert Roberson's current execution date is set for Oct. 16. He is represented by Austin attorney Gretchen Sween.
“Anderson County Judge Bascom Bentley, who presided over Mr. Roberson’s trial, is the person who gave the Bowmans permission to authorize removing Nikki from life-sustaining care contrary to Texas law.
The Anderson County District Judge [Bascom Bentley] never disclosed that he is the one who authorized circumventing Robert’s parental rights and violating Texas law so that Nikki’s removal from life support could be hastened—and then her father was charged with capital murder.
Read the latest Texas Court of Criminal Appeals brief re. Robert Roberson, Anderson County, et al.
Playing God, Judge, and Jury
The Robert Roberson death penalty case is a tiny glimpse on how things are run in Anderson and neighboring counties. District Judge Bascom Bentley was not only known for his colorful courtroom outbursts and tantrums when facts came out he didn't approve of, but for his notorious judicial overreach. Defendants who were friends and relatives of the court received slap on the wrist probation for such crimes as embezzling hundreds of thousands of dollars. (Source: Former water clerk pleads guilty to theft by pubic servant, Jacksonville Progress)
Circa 2009, Bascom Bentley sentences Rusk, TX water clerk Doris Robinson, wife of Jacksonville's mayor pro tem, to probation for stealing $147,000. She was given 4 years to pay half of it back in installments.
If a felony case didn't suit him, Bentley would delegate it down to the misdemeanor County Court at Law judge for adjudication, also in violation of Texas law. Regardless of cut-and-dried ethics complaints, then Attorney General Greg Abbott never intervened, and the State Commission of Judicial Conduct never issued a reprimand. Felony cases signed off by subordinate court judges were upheld. Local media championed Judge Bentley as a "hammer" on crime, while covering up the early release of sex offenders groomed for jury duty in his courtroom.
Cherokee County Court at Law Judge Craig Fletcher signs felony sex offender release order for District Judge Bascom Bentley "by permission." (Source: Jacksonville Progress)
Hometown newspapers also covered up when Bascom Bentley's bailiff Constable Randy Thompson was busted for dealing crystal meth to undercover agents circa 2006. Bentley presided over a removal hearing citing several violations, including that Thompson "never served as bailiff," despite Thompson being the court's designated errand boy after being appointed Constable Precinct 3. (Source: Removal hearing requested against Thompson, Jan. 7, 2006, Jacksonville Progress) Thompson was arraigned in federal court on drug charges the following day. It was Bascom Bentley who made sure the Cherokee County district court record never mentioned Thompson was working law enforcement while awaiting arraignment.
No bond set today for the Cherokee County Constable accused of "possession and distribution of pseudoephedrine", a chemical used to make methamphetamine. Randall Thompson pleaded not guilty in his hearing Tuesday morning. Thompson's public defender says he told the judge today Thompson will not be employed with the county. But Cherokee County Judge Chris Davis says he has not received a letter of resignation, so technically Thompson is a paid employee. He remains behind bars. (Source: Constable Pleads Not Guilty To Drug Possession, Distribution, Jan. 17, 2006, KLTV)
Randall Lee Thompson on federal detainer.
Judge Bentley's egregious judicial errors over the years were rubber-stamped by his East Texas colleagues at the appellate level, giving him credence to rule however his mood swung. The fix would be in before the morning flapjacks made it off the skillet. This won the hearts and minds of several prominent Texas Republican leaders back in the day, including former Governor George W. Bush. Nothing warmed their cockles like bending the Rule of Law on a whim and getting away with it. They were just stupid enough to believe they were always doing the right thing. All Bentley had to do to execute a prisoner was take a baby off life support.
As a footnote, Texas death row inmate Robert Roberson has been granted a reprieve pending a review by the trial and appellate courts.
