Mistrial for Horseshoe Bay Priest

September 10, 2008

AUSTIN, Texas (KXAN) — The trial for Paul Clogan, a Horseshoe Bay priest, was canceled after jurors arrived at the Burnet County Courthouse Annex Tuesday morning.

Clogan, the former pastor of St. Paul the Apostle Catholic Church, is charged with indecency with a child. The 77-year-old is accused of inappropriately grabbing a 16-year-old boy at the Driftwood Movie Theater in Marble Falls in December 2005. The alleged incident happened during a showing of King Kong.

Clogan's attorney, Eddie Shell, filed the motion for mistrial.

"We thought we had a good jury and then there was an issue over the way the strikes were made," said Shell.

Shell said each side gets to strike ten potential jurors, but there was an administrative mix up on how it was done. Assistant District Attorney Cheryl Nelson would not comment.

Shell said he was ready to go to trial, but could see pros and cons to pushing it back.

"Our client is elderly so it's a little bit of a set back in terms of his time and weighing on his life and his family's life," said Shell. "But on the other hand, an attorney always likes more time to prepare for trial."

Both sides get three more months to prepare. District Judge Gil Jones set Clogan's new trial Dec. 8.


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