Austin American-Statesman

Grand jury doesn’t charge judge hopeful

Student who lived with her in 2006 claimed sexual misconduct.

- By Ryan Autullo and Tony Plohetski rautullo@statesman.com tplohetski@statesman.com

A Travis County grand jury declined to charge judicial candidate Chantal Eldridge after an investigat­ion into allegation­s of sexual misconduct against her.

The grand jury’s decision came down Friday, clearing the way for Eldridge, an Austin defense attorney, to take the bench next year after she runs unopposed in November’s election for the 331st District Court. Eldridge defeated incumbent state District Judge David Crain in March’s Democratic primary, amid allegation­s that she had sex with a 16-yearold exchange student who had lived with her in 2006.

Eldridge has consistent­ly denied any wrongdoing and told the American-Statesman last spring that the accusation came after the teenager became upset over his use of a computer in the home and requested to move in with another family.

Eldridge and her attorney, Jackie Wood, could not be reached for comment Friday.

Special prosecutor Rusty Hardin, who presented the case to the grand jury over three days this week, did not return messages seek- ing comment.

Allison Wetzel, the attorney for the student — now a 27-year-old man living in Brazil — said she and her client were disappoint­ed in the grand jury’s decision. “This happened to my cli- ent when he was 16 years old, and he’s been consistent with what happened to him for the past 12 years,” she said. “He has nothing to gain and no motive to lie about this, but we have to respect the grand jury’s decision, and we understand this is their decision to make.” Eldridge would have been indicted if at least nine of the 11 grand jurors had believed the evidence shown to them suggested she committed a crime. Most cases are heard by 12 grand jurors.

The breakdown of the vote is unclear, and grand jury proceeding­s are closed to the public.

The man traveled from Brazil to Austin to testify, and Eldridge also testified.

The former exchange stu- dent told police in 2006 and the American-Statesman this year that he had sex with Eldridge when he lived with her in Southwest Austin. He said Eldridge asked him to teach her how to play poker. They played for about 30 minutes before she brought up the idea of playing strip poker, he said. The man said they continued to play until i they were both naked and eventually went to his bedroom and had sex.

The accuser said the two got into an argument after he expressed discomfort about the encounter. The police report reviewed by the Statesman said Eldridge called the exchange student placement company and told officials the teen was angry and was packing his belongings.

When the teen was told by a company employee that he could not leave, he made the claims of inappropri­ate sexual contact, the document states.

The investigat­ion never became public at the time and ended months later after the teenager returned home to Brazil.

It resurfaced this spring during the runup to the Democratic primary when the man came forward with the allegation. His accusation prompted state District Judge Brenda Kennedy, the county’s presiding criminal judge, to appoint Hardin, a prominent Houston defense lawyer, to investigat­e the man’s claims.

It is unclear whether an ndictm e nt would have kept Eldridge from taking the bench with a pending felony charge, according to Eric Vinson, executive director of the State Commission on Judicial Conduct.

 ??  ?? Chantal Eldridge defeated incumbent Judge David Crain in the March primary.
Chantal Eldridge defeated incumbent Judge David Crain in the March primary.
 ?? RALPH BARRERA / AMERICAN-STATESMAN 2015 ?? Defense attorney Chantal Eldridge poses with her campaign sign during her 2015 run for the 450th District judgeship. She won the Democratic primary for the 331th District judgeship this year, and will run unopposed.
RALPH BARRERA / AMERICAN-STATESMAN 2015 Defense attorney Chantal Eldridge poses with her campaign sign during her 2015 run for the 450th District judgeship. She won the Democratic primary for the 331th District judgeship this year, and will run unopposed.

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