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Jamie Mock

Fort Bend County Judge Declines to Recuse Himself Following Accusations of Bias

(FORT BEND COUNTY) – A Fort Bend County judge has declined to recuse himself from upcoming sexual assault trials after allegations of bias against sexual assault victims who delay outcry. The request for recusal was filed by the District Attorney's Office following a recent trial in which Judge Robert Rolnick of the 458th District Court is alleged to have behaved inappropriately in front of jurors.

The DA’s office has appealed his decision to the regional administrative judge and will ask for a hearing to present evidence as to why he should be recused.


The Fort Bend County District Attorney’s Office has also filed a motion to release juror information in that case to law enforcement for an outside investigation concerning the judicial bias and/or misconduct. The motion to recuse was filed by the DA’s office on Sept. 1, and Rolnick declined to sign it.


Rolnick, a Democrat, was elected in 2018 but was defeated in the 2022 Democratic primary by Stephen Longoria.


On Aug. 16 a Fort Bend County jury found defendant Gerson Rodriguez guilty of aggravated sexual assault of a child. Rodriguez is the uncle of the victim. The sexual assault occurred in 2011, when the victim was 11 years old. The victim delayed outcry of the abuse until she was 17 years old, after her father killed her mother and her younger siblings were sent to live with Rodriguez. His sentencing is set for Oct. 7. The trail was held in Rolnick’s court and documents filed by the DA’s office allege multiple instances of preferential treatment by Rolnick towards the defendant.


“Judge Rolnick’s conduct and demeanor plainly expressed throughout the trial his disbelief in the complainant’s testimony,” says the motion to release juror information. “Not only were his non-verbal actions discourteous, impatient and unprofessional to the complainant’s testimony, Judge Rolnick’s behavior conveyed to the jury that her accusations were not to be believed.”


According to prosecutors on the case, Rolnick rolled his eyes, pursed his lips and shook his head during the victim’s testimony. At one point, Rolnick allegedly halted her testimony “abruptly,” declared a lunch break and left the bench.


Rolnick also allegedly declined to provide requested testimony transcripts to jurors during deliberations and attempted to declare a mistrial, saying at one point he was going to enter the deliberations room to ask if the jurors were deadlocked. Both the prosecutor and the defense protested, and Rolnick did not enter the jury room.


Prosecutors also say that Rolnick’s “displeasure with the verdict was visibly apparent,” and he asked the jurors if “they were sure” before eventually saying, “I guess I gotta take him into custody,” according to affidavits.


Following the trail, prosecutors allege that Rolnick made several comments to the jurors that caused emotional distress, including allegedly telling the jurors that he doesn’t believe in, or trust, delayed outcries and they should “talk to the defense attorney.”


The next trial on Rolnick’s docket involves another sexual assault of a child charge in which the victim, who was seven at the time of the alleged abuse, delayed outcry.




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