URL http://query.nytimes.com/gst/fullpage.html?res=9C05EFD6153FF932A25757C0A9619C8B63

DATE/ AUTHOR None	AUTHORS: Ralph Blumenthal

H 2 Charged in Texas State School Abuse Case

S1 A former assistant superintendent and a former principal at a Texas state school for juvenile offenders were arrested Tuesday on charges of deviate sexual intercourse and other sexual contact with six boys ages 16 to 19.

S2 The two, Ray E. Brookins, 42, and John P. Hernandez, 41, administrators serving the Texas Youth Commission, were named two years ago in a Texas Rangers investigation into accusations of sexual abuse at the West Texas State School in Pyote.

S3 But the findings, cited in internal reports, came to light only with news accounts in February, setting off a statewide outcry, legislative inquiries and a revamping of the Youth Commission.
S4 More than 2,100 complaints of mistreatment have been received on a hot line and families have filed civil lawsuits.

S5 ''With today's indictments, the victims of sexual abuse at West Texas State School are a step closer to the justice they deserve,'' said the Texas attorney general, Greg Abbott, who took over the prosecution after complaints that the local district attorney had let the case languish.

S6 Mr. Brookins, who had been acting superintendent in charge of the West Texas State School, was arrested at his Austin home and ordered held on $100,000 bond at the Travis County jail, the attorney general's office said.

S7 The office said Mr. Hernandez was arrested at his parents' home in Fort Stockton and ordered held on $600,000 bond at the Pecos County jail there.

S8 Neither man has appeared in court to offer a plea, a spokesman for Mr. Abbott said late Tuesday.

S9 Mr. Hernandez, in a phone conversation weeks ago, said he would plead not guilty if indicted.
S10 His lawyer, Albert Valadez, said Tuesday that Mr. Hernandez ''maintains his innocence.''

S11 Neither Mr. Brookins nor a lawyer could be reached for comment.

S12 The indictments were brought by a Ward County grand jury after the part-time district attorney, Randall W. Reynolds, ceded jurisdiction April 4 to Mr. Abbott and three other prosecutors from his office.

S13 Mr. Brookins and Mr. Hernandez were charged with 13 instances of using their mouths and hands on the genitals of youths detained at the school in 2004 and 2005.
S14 The youths' names were withheld.

S15 The indictments were called ''excellent'' by Jay Kimbrough, a former deputy state attorney general and the special conservator named by Gov.
S16 Rick Perry and legislative leaders to change the Youth Commission.

S17 According to documents that have emerged in recent weeks, the Youth Commission knew as early as February 2005 that a Texas Ranger had visited the school to investigate a math tutor's report that students had complained of being sexually abused by Mr. Brookins.
S18 The Ranger, Brian Burzynski, corroborated the accusations, along with similar complaints against Mr. Hernandez.

S19 Both administrators resigned without criminal charges, and state investigators are examining why commission records remained secret and whether they might have been altered to hide evidence of the accusations.

S20 Before transferring to West Texas, Mr. Brookins had been disciplined at another Texas youth facility for having pornography on his computer.

S21 Both men were reported to superiors for taking boys from the dorms at night for trysts behind closed doors, official reports later documented.

S22 After resigning from the state school, Mr. Hernandez was hired at a charter school in Midland.

