Brown County DA Found in Contempt of Court

Brown County District Attorney Sky Sudderth was found in contempt of court for making false statements during a plea bargain hearing for a sex offender.

Judge Kurt Steib of San Angelo made the ruling Monday after hearing testimony about the June 5 hearing for Albert Andrew Atwood, 39, of Brownwood.

According to a transcript, Sudderth said he had been directed by the victim and her family to accept a plea bargain.

Atwood then pleaded guilty to one count of prohibited sexual behavior, and five counts were dropped. He was sentenced to eight years' deferred adjudication, which means the offense will be dropped from his record if he completes the terms.

But the victim and her mother testified Monday that they knew nothing about the plea agreement and never would have approved it because they wanted Atwood to serve prison time.

Judge Steve Ellis filed a motion for the contempt hearing last month after receiving letters from the victim and her family.

Steib, who presided over the Monday hearing after visiting Judge Weldon Kirk of Sweetwater recused himself, said he will set Sudderth's penalty after reviewing recommendations from the special prosecutor and defense attorney.

The maximum punishment is six months in jail and a $500 fine. Sudderth also could face disciplinary action _ from a private reprimand to being disbarred _ by the State Bar of Texas if a grievance is filed against him.

Sudderth, who retreated to a jury room for several minutes following the ruling, said Monday that he was disappointed but "will be back in the office early tomorrow as usual."

Sudderth, a Republican, is serving his first term as district attorney for District 35, which includes Brown and Mills counties. He has not said whether he will run for re-election in 2004.

-The Associated Press, 07/08/2003