Brooksmith & Riordan: Trials of Justice at Tom Green County Courthouse

Tensions were high during court this week as jury selection and jury trials took place at the Tom Green County Court. Brett A. Brooksmith, 51, and Justin Riordan, 30, were among those who faced the judges for their sentences.

Brooksmith was facing three counts of Injury to Child with Intent of Bodily Injury with previous convictions of two counts of Indecency with a Child Exposure and failure to Register as a Sex Offender.

On Tuesday, Brooksmith waived his right to a jury trial and decided to take the plea the state offered him. The plea included that Brooksmith plead guilty to the current charges and plead true to the enhancements to habitual paragraphs, which included his previous convictions.

Brooksmith agreed and the judge accepted without objection and ultimately found Brooksmith guilty beyond any reasonable doubt. He was sentenced to 25 years confinement in the TDCJ Institutional Division for each count, but the 25 years is to run concurrently (parallel, at the same time).

He was released to the Sheriff’s Department until he can be transferred to the proper facility. Brooksmith also waived his right for an appeal or the ability to file a new motion.

Also on Tuesday, the jury selection for Riordan took place so his trial could begin on Wednesday.

Wednesday consisted of a full day of witness and evidence examination for Riordan, who is facing an Aggravated Sexual Assault Child charge that is claimed to have occurred February of 2014. He is currently pleading not guilty.

According to complaint, on Feb. 22, 2014 Riordan attended a barbeque gathering in Miles where the victim was staying. During the gathering, the girl consumed large amounts of alcohol without the consent of her guardians and stayed up with Riordan, and two other members, after guests had left and family had fallen asleep. The victim had fallen asleep with the two other members on the sectional couch whereas Riordan positioned himself in the recliner.

At some time around 1 a.m., Riordan positioned himself on top of the victim where he forcibly sexually assaulted her and demanded that she not speak of it to anyone.

Two days later, a sexual assault examination confirmed that the victim had indeed been sexually assaulted.

Riordan is requesting the Jury to grant him Community Supervision, if convicted, as he has no prior convictions. Riordan is currently out on bond and is sticking to his not guilty plea.

During Wednesday's jury trial, several witnesses were interviewed and a reoccurring theme became present because the incident happened almost exactly two years ago. “I don’t know,” or “I don’t remember” were common responses from witnesses. Even though most of these witnesses were at the same barbeque, none of their stories are exactly the same, and many of the details are different depending on the person. However, there is one thing they can all agree on and that is which lights were left on in the house. Also, no one was drunk even though alcohol was involved.

Details such as who sat where on the sectional couch, who went to get breakfast, who went into the store, who was drinking, who wasn’t and who called whom on the phone were among the details that varied among witnesses. The State did mention that the first six witnesses were there reluctantly. They are close friends of Riordan.

Another flaw in the case brought to attention was the Tom Green Sheriff’s Office Investigator did not follow the proper procedures for the investigation of the case. Additionally, the call to the Sheriff’s Office stating an incident occurred wasn’t reported until about 36 hours after.

However, the investigator only initially interviewed three of the approximate 10 people who were at the barbeque, and stated she had no intention of interviewing any others, not even Riordan. It wasn’t until October of 2015 that she decided to interview another selected three, a full year and half after the incident occurred.

In addition to this, evidence other than the “supposed” clothes of the victim were not taken. The clothes were taken into custody when the victim went to Shannon Medical Center the next day after the incident for medical examination. Three months later, the investigator then decided to go back to the residence to take photos of the crime scene, but didn’t take any evidence because she was told by a witness that there was none.

The flaws in this case are being brought forth with a magnifying glass and a huge flashlight. Riordan’s jury trial will continue through Thursday.


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lana, Mon, 02/22/2016 - 02:55

People like you make me sick Your just like the jury in my sons case you have already decided he was guilty before you know anything about the case.You see that a child reported an assult but did you ever stop to think the girl was lying Everyone story matched except the girls She was told if your caught lying cry the jury will be sympathetic so that's what she did.The jury with their verdict was saying everyone else lied including the er people .If you had attended you would of also know that the TGC sheriffs office did not do their job at all in investigating the alleged attack.So before you start foamig at the mouth next time make sure you know your facts otherwise keep your ugly comments to yourself

Justin is a victim off a political and press driven public opinion fueled by San Angelo Rape crisis center. With there protest and threats of future protest to DA. Justin was told that if he was going to take a plea he needed to do nit fast before they had another protest. He declined because conditions of plea deal required him to lie weekly in treatment meetings that he did something he did not do. this is not over we will not let this injustice go with out a fight. too many people know what kind of a GENTLEMAN that Justin Riordan (MILES/MOODLE) is. The Rape Crisis Center had this case removed from court docket when it was scheduled for dismissal. They Got It Prosecuted Buy petition and filled court room wearing there rape crisis center badges for JURY TO SEE WHEN TOLD THEY HAD TO REMOVE THEM THEY SLAMMED DOWN ON FLOOR. THEY ALSO PUBLISH A FALSE TESTIMONY JUST DAYS BEFORE TRIAL STARTED. Justin was convicted before this trial ever started. perfect example of TGC SALEM WITCH HUNT. and you want to call it JUSTICE. THEY PICKED THE WRONG YOUNG MAN TO MAKE AN EXAMPLE OF The Backlash From this is just getting STARTED AND WILL NOT STOP UNTIL REAL JUSTICE IS FOUND.

lana, Mon, 02/22/2016 - 02:42

I want everyone to know how this justice system in tgc failed my son.First the detective Ybarra who got an arrest warrant for my son before she even properly did her investigation.She didn't talk to everyone involved till 18 months after the alleged assult.She never took pics of the couch or even took the cushions to be tested she never took pics for 18 months of where the alleged assult took place.The alleged victim was on her period but still she took no samples from the couch.They never asked for my sons clothes from that nite.The alleged victim showered several times before going to the hospitalbut yet they say she was raped with no physical evidence.Ialways thought you had to have evidence of an attack.yet they pushed on after my son to wrong a right.When asked on the stand Ybarra couldn't remember a lot of things she had done in this case.The Rape Crisi center wouldn't know an assult if it slapped them in the face.From the get go they did not look at the evidence they went on a witch hunt and my son
was that.When they were asked to remove their badges in the courtroom they took them off and slammed them on the floor like little kids. A promiment attorney replied makes me wanna donate to them.You really want people like that running rape crisi not me .Next that person we call our district attorney She didn't care about the lack of evidence she went after my son to wrong a right her office did.The reporter said it all in her report.To know that she went after an innocent man and put him in prison is pathetic.She has no business being in the district attorneys office.Her husband was caught drinking and drugging and causing an accident but yet he was never arrested She met him at the hospital and told her husband not to submit to a blood test.My opinion he should of been given the same treatment as u and I would of gotten JAIL CAR IMPOUNDED AND HIS FACE IN NEWSPAPER but because it's the das husband I was told he got a special prosecuter WHY hes no different than you and I Our district attorney is a double standard district attorney and you people sit back and say nothing.If this was your son you wouldn't keep silent but because its not you turn the other wayOne day I may be your son and you fighting for his life.Please people of san angelo read the report that Simone wrote and you will see the wrong my son has been given All these people need to be held responsible for what they have done to my son.Please help my son he doesn't deserve what they have done to him.Read it and then tell me hes guilty.This is what society has done it has given these little girls so much position that your son or husband could be walking down tha street and they can do the same to them as they have done to my son The laws have to change

You are so right. Our DA goes into this with personal agendas, she doesn't go by the laws, its all about personal with her. Go back and read the articles about what was found in his truck when he had the wreck. Some people get the good ole boy thing in this county while other's get the shaft.

This isn't the first case. 10 years ago 2 men were innocent but were sentenced to 20 years. They came up for parole but our DA has written letters to keep them there so be prepared they will fight you on every turn. I agree Justin is INNOCENT. I know him and I hate that they are repeating what they did 10 years ago to another innocent person.

lana, Mon, 02/22/2016 - 13:57

Thank you We need to make a change before someone else's son suffers the same fate as my son.

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