Sexual assault and misconduct cases often rely on uncorroborated evidence and may not make it as far as a trial. In Parker County, a grand jury recently declined to indict an attorney who was charged with sexual misconduct with a former client last year.
The Star-Telegram reported on how Matthew McConahay, a 43-year-old lawyer from Weatherford, was arrested and accused of sexual misconduct against a 41-year-old woman from Wills Point. The report said he represented her in a drunk driving case.
Christy Jack, a special prosecutor, said surveillance video was examined and search warrants were executed in the case. Numerous witnesses were spoken to and police conducted forensic tests. She stated.
“The results of our investigation were presented to a Parker County grand jury, which declined to return an indictment or take any further action. I am not at liberty to disclose the grand jury’s vote or the reasons behind their decision,”
The Willis Point woman was arrested in 2015, by Weatherford police on suspicion of drunken driving. She was later charged with DWI driving with an invalid license and resisting arrest.
She pleaded guilty to DWI and resisting arrest. The other charge was dismissed. The woman was sentenced to four years in prison.
Later McConahay was investigated. Another attorney filed a motion saying his client’s rights had been infringed upon. He said her plea had not been voluntary and her counsel (McConahay) was ineffective.
The Star-Telegram reported District Judge Craig Towson granted the woman a new trial in August 2015. During the course of the hearing on that motion McConahay would not answer questions related to sexual contact with the woman, the new attorney and a prosecutor said. The woman was once again sentenced to four years in prison on the DWI charge in September.
Parker County Assistant District Attorney Jeff Swain said in the news report McConahay declined to answer questions related to sexual conversations or actions and took the Fifth on every question.
The lawyer was asked if he sent sexually explicit texts and made sexual advances toward the client.
After the hearing, a Texas Ranger initiated an investigation into the woman’s complaint against the lawyer.
McConahay is a former Fort Worth police detective. He was a prosecutor with the Parker County Attorney’s Office, and is a former adjunct professor at Weatherford College.
What is Sexual Misconduct?
Many states have laws that govern when a person in a position of power takes advantage of their position by entering into a sexual relationship with a person such as a client or employee.
The law assumes the victim cannot properly consent to sexual activity because he or she is under the defendant’s influence or authority due to the relationship. The relationships in question include:
There can be some gray areas in sexual misconduct charges. If you face these allegations, please call our Fort Worth criminal defense lawyers at (682) 204-4066.