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Weekly hillcountryweekly.com
Thursday, April 8
The
Sentence Delivered by Criminal District 451 Judge Kirsten Cohoon
THE STATE OF TEXAS vs JAMES CHESTER KEMP Christina Ryrholm Hill Country Weekly Testimony On Tuesday morning the 451st District Court, Judge Kirsten Cohoon presiding, convened to determine the sentence for James Chester Kemp. The Weekly covered the bench trial in January (see the January 28 issue). As a bench trial there was no jury present for the case that was heard in the courtroom with all the COVID protocols in place. This week the same protocols were in place but there were a few more spectators listening to the testimony. Once again Erica Matlock, Assistant Criminal District Attorney, represented the State of Texas and co-counsels Doug Burford and Kurt Rudkin represented the defendant. As was the case in January the defendant was restrained with foot shackles and handcuffs wearing gray and black stripe prison garb. He sat quietly throughout the day without any visible reaction. In January Judge Cohoon found Kemp not guilty on the charge of harassment by a person in detention, guilty on the charge of obstruction or retaliation and guilty on the charge of aggravated assault with a deadly weapon enhanced by the choice of the victim’s skin color. Following the two month process of a Pre Sentencing Investigation (PSI) the actual sentencing phase occurred on April 6. The investigation was carried out by the adult probation office. Officer Mario Paredes testified about the results of interviews and research into Kemp’s past. Two main themes were discussed during the five hours of testimony
with pointed questions by both sides and answers that varied depending on the witness - mental health issues and religion. The final witness of the day was his mother, Susan Hamilton, who participated via zoom from Florida. She confirmed that he left home at the age of 18, had never had an apartment, communicated seldom and had mental health issues “his whole life”. She was grateful that he had been diagnosed with schizophrenia and was currently on proper medication. Hamilton commented that “he was a totally different person and I heard him laugh for the first time”. The mother’s testimony was a contrast from the grim picture previously painted by the prosecution’s expert witness, Dr. Matthew Fabian, who used both his summary of eight hours of interviews and statistical predictions based on years of research. Fabian is a Board Certified Forensic & Clinical Psychologist. His conclusion was that while he could not speculate on whether or not Kemp would follow through on threats he made to a deputy about his family in the jail he did believe that, “Threats are a type of violence and that’s part of the anti-social behavior”. Fabian further stated that he would have concern if Kemp was let out in ten years but would not surmise when it would be safe to release him. He said that Kemp “needs treatment but never has had it. He was not amenable to participating”. He concluded his testimony for the State by commenting that, “most offenders reoffend”. The expert for the defense was Dr. Lisa Watts who is a clinical psychologist. She was on the witness stand early, out of order, due to a time conflict. Her
testimony was what others also stated, that Kemp suffered from severe mental illness, meeting the criteria for Bipolar Type Schizoaffective Disorder. His mental illness was evident before Kindergarten and was exacerbated by a chaotic childhood that included physical abuse. There were two character witnesses that spoke of the Kemp they knew - after he already had been in prison for several months and was already on medication. They knew him from a prison ministry program, one from the nineteen:ten church and the other from St. Peter’s Catholic Church. Both state they believed he was genuine in his quest for understanding God and seeking faith. The Sentence At 3:52 that Tuesday afternoon Judge Kirsten Cohoon entered the court room to pronounce the sentence for James Chester Kemp. His trial had taken three days with the result of three guilty verdicts and one not guilty. The available range of sentencing was from five years to 99 years/life. After 27 months of confinement Kemp was about to hear the fate of his future. In her preamble Cohoon summarized the situation - that the defendant had chosen a bench trial where he was found guilty and also chosen to have the judge alone “assess his punishment”. She continued that following the code of criminal procedure she was to consider the applicable punishment based on his guilt for these three crimes committed in Kendall County. She was not there to “assess a judgement on his mental health nor whether his professed faith was truthful or for the purpose of a lighter sentence”. The Judge solemnly stated that
assessing guilt was the hardest part of her job. She continued but “You, Mr. Kemp, have a very long rap sheet for a very young man. Whether it is due to hate, as you so eloquently put it, or psychosis, your conduct is not acceptable in our society or in any society. “A life sentence is not a mercy but sometimes it is necessary. “I acknowledge the existence of parole but eligibility is not a guarantee it will be provided. “You entered a plea of not guilty, however you were found guilty.” At this point the Judge requested that he rise. “On the charge of obstruction/retaliation I sentence you to 10 years in the TDCJ (Texas Department Criminal Justice). “On the charge of aggravated assault with a deadly weapon due to hate based on the color of skin I sentence you to 45 years in the TDCJ.” The sentences will run concurrently. Kemp and his two lawyers stood side by side with a Sheriff’s deputy directly behind. He displayed no outward emotion or reaction but seemed to listen intently. Cohoon then spoke directly to Kemp, “You have the opportunity to heal and to get the help that you so desperately need to confront issues that you grapple with. Hopefully you will learn to lean on something besides drugs and violence your faith, whatever it means to you. I hope that you will be able to teach others not to go down the path that you did”. At four minutes past four, she concluded with “I wish you God speed”.
