NEW BOSTON, Texas -A criminal defense attorney's attempt to compel the New Boston Independent School District to release the names of more than 85 students was shot down Thursday by a Bowie County district judge.
Texarkana lawyer Shorty Barrett, who represents former NBISD substitute teacher Dylan Simpson in a sexual misconduct case, served the district with a subpoena last week seeking the names and contact information of all students enrolled in the seventh grade in 2017. Barrett said in court that he believes some of the students may have information about the case that could benefit his client at trial next week.
Simpson, 22, is facing two counts of indecency with a child by sexual contact and three counts of online solicitation of a minor involving four alleged victims, ages 12, 13 and 14 at the time of the alleged misconduct.
Austin, Texas, lawyer Rick Lambert filed a motion to quash the subpoena on behalf of NBISD. At a hearing Thursday before 202nd District Judge John Tidwell, Lambert described the move by Barrett as a "fishing expedition" that would unduly burden school administrators during a time when they are preparing students for state testing and end-of-school-year activities. Lambert further explained that release of student contact information is barred by federal law.
Lambert said NBISD Superintendent Brian Bobbitt was on hand to testify about the difficulty fulfilling such a request presents. Some students who attended class as seventh graders in 2017 might not still be enrolled in the district, every parent would have to be contacted and asked to give consent for their child's information to be released and every parent would certainly have a bevy of questions concerning the disclosure request, Lambert said.
Barrett said that in preparation for trial, he and his law partner, Joe Tyler, have been reviewing videotaped recordings of 16 interviews of the alleged victims and other students at the Texarkana Children's Advocacy Center. Barrett said that those students mentioned at least six others by first name only who might have relevant information.
"As to the subpoena as it's written and listening to arguments of counsel, you're asking for the names and addresses of 88 individuals and you just told me there were possibly six people that are relevant. Therefore the motion to quash is granted," Tidwell ruled.
Tidwell also heard arguments concerning a motion to delay the trial, which is currently set for jury selection Tuesday at the Bowie County courthouse in New Boston.
Barrett argued that the defense needs more time to comb through social media evidence of students recently acquired by the state and provided to the defense. First Assistant District Attorney Kelley Crisp said she and Assistant District Attorney Lauren Richards were able to go through the material in about one and a half days and that the defense was given the information the morning after the evening it was received by the state.
Crisp said she and Richards didn't find anything relevant to the case in the "social media remnants from three little girls" and pointed out that the defense would likely be barred from using some information because of law that protects alleged victims from questioning about behavior unrelated to the criminal case at issue.
Tidwell denied the motion for a delay in the trial setting. A final pretrial hearing in the case is scheduled for Monday.
Simpson is free on bond.
He was arrested after the New Boston Middle School's principal contacted the New Boston Police Department in December 2017 and reported that the school's counselor had come to her with allegations from a student.
Simpson allegedly told one student he wanted to sneak her out of her home and have sex with her in his pickup and he allegedly sent photos of his genitals to multiple girls. Another student told investigators she didn't realize it was her substitute teacher who'd sent her a message on Instagram until he sent her a photo of his face.
That girl said she told Simpson they shouldn't be communicating online because of his status as a substitute teacher and Simpson replied by allegedly telling her not to tell anyone. A few hours later, Simpson allegedly sent that girl a photo of his genitals and continued until the student blocked him from her Instagram account.
Another student allegedly told an interviewer at the Children's Advocacy Center in Texarkana that Simpson was in a state of arousal when he purposely rubbed his crotch area on her arm during class. Another student allegedly reported that Simpson rubbed her buttocks and put his hand on her breast one day at school.
Each of the five counts Simpson faces is punishable by two to 20 years in prison. Simpson has pleaded not guilty.