Judge: Hockley County Sheriff lawsuit can go forward - KCBD NewsChannel 11 Lubbock

Judge: Hockley County Sheriff lawsuit can go forward

Paul Scarborough (Source: Facebook) Paul Scarborough (Source: Facebook)
R. C. Cheek (Source: www.levellandnews.net) R. C. Cheek (Source: www.levellandnews.net)
LUBBOCK, TX (KCBD) -

In a hearing Wednesday morning Lubbock District Judge Ruben Reyes denied dismissing the lawsuit dealing with the Republican Hockley County Sheriff's election.

On August 17 R.C. Cheek filed a lawsuit against Paul Scarborough saying laws were broken during the Republican primary by illegally closing polling locations and keeping people from voting. The lawsuit also says there were irregularities like missing ballots during the recount that ended with Scarborough winning the election by one vote.

On Wednesday Scarborough's attorney Richard Husen asked Judge Reyes to dismiss the lawsuit saying that according to the Texas Election Code the time frame requirements for the trial to be heard were not met. The judge denied this request.

Judge Reyes then granted Cheek's attorney James Palomo more time to gather evidence such as the election records and ballots. However, Judge Reyes also told Palomo that while he was granting the request to gather these records, if Hockley County officials had legal or confidentiality reasons not to release such records then he would discuss the reasoning behind it.

Palomo also requested any documented communication between Pat Cowan, the Hockley County Republican Chair, and Scarborough. This includes things like emails and Facebook comments or messages.

Judge Reyes is giving Palomo and Husen until Friday at 5 p.m. to gather this evidence.

The trial will then begin next Tuesday because the court is closed Monday for Labor Day.

Right now it is unclear where the trial will be held – either Lubbock or Hockley County. Judge Reyes says if it is more convenient for the people involved in the lawsuit to stay in Hockley County then the trial can be moved. A definite location should be determined by the end of this week.

Copyright 2012 KCBD. All rights reserved.

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