A potential juror was held in contempt of court and taken to jail Monday. H. Lee Brucato, 71, of Wolfforth was among 98 prospective jurors in the criminal trial of Jose Gonzalez.
Brucato disrupted the proceedings according to court documents. Attorneys tried to keep going with the jury selection process, including asking questions of potential jurors. It can also include a discussion of the details of the case.
“Brucato … made a statement that she did not want to listen to anything about child sexual abuse,” a court order said.
Attorneys tried to keep going.
The criminal case
Gonzalez, 35, is going on trial in the 140th District Court for a charge of continuous sexual abuse of a child under the age of 14. Previous news reports said an underage girl in Central Lubbock came forward to report sexual abuse in March 2025. The reports also said Gonzalez admitted to police there had been sexual acts.
“Brucato again made a statement akin to she would not listen to anything about child sexual abuse,” said the contempt order signed by State District Judge Douglas Freitag.
Attorneys approached the bench to talk with Freitag for a moment.
“After concluding the bench conference with the attorneys, the court admonished the panel as a whole that the court was sure that each of them would not like everything they would hear during a criminal trial … Just because they didn’t want to hear something or didn’t like something that they heard, those were not reasons to excuse someone from their service,” court records said.
Brucato again said she would not listen.
“The Court then admonished her that she didn’t have to listen,” the contempt order said.
But she was not excused and would have to remain for the jury selection process.
“Brucato, … while standing from her seat then made statements before the entirety of the jury panel that it was her choice and she would not listen despite the court’s continued admonishments. Based upon the repeated statements from … and the continued disruption of the court’s proceedings, the court then ordered H. Lee Brucato … into custody,” the order said.
She was ordered to stay in jail until Thursday morning at 10:30 a.m. or until jury proceedings wrap up – whichever comes first.
Attorney information was not listed for Brucato, so LubbockLights.com was unable to offer a chance to comment. District Attorney Sunshine Stanek chose not to comment and Freitag has not responded to LubbockLights.com.
Jury duty exemptions include:
75 years of age or older
Has legal custody of a child younger than 12 years without other adequate supervision
Student of a public or private secondary school
Attending an institution of higher education
Officer or an employee of the Senate, House of Representatives or other agency in the legislative branch of state government
Was already summoned (with exceptions) in the last two years in a county with at least 200,000 people or 3 years in a county of more than 250,000
Primary caretaker of a person who is unable to care for himself or herself
On active duty and deployed to a location away from home
A district court may permanently or temporarily exempt someone for a physical or mental impairment
Source: Texas Government Code 62.106 and 62.109
Link: Lubbock County jury information page.
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