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Investigation Could Not Prove State Senator Sent Lewd Texts to Texas Student

The University of Texas completed its investigation on Tuesday into whether State Sen. Charles Schwertner sent sexually explicit messages -- including photos of his genitals -- to a student, issuing a report that neither fully incriminates nor clears the Georgetown Republican of wrongdoing.

By Rebekah Allen

The University of Texas completed its investigation on Tuesday into whether State Sen. Charles Schwertner sent sexually explicit messages -- including photos of his genitals -- to a student, issuing a report that neither fully incriminates nor clears the Georgetown Republican of wrongdoing.

The same afternoon, responding to a public record request, the university released the offensive text messages and LinkedIn messages that led to the probe. Schwertner told a UT investigator that the texts came from his accounts, but were sent by a person he knows and shared his user information with, but refused to identify.

Schwertner and his attorneys said the report served as vindication for their claims that he was innocent.

"I do not condone sexual misconduct of any kind. The University of Texas has closed their investigation because I did not send the offensive text messages in question," Schwertner said in a prepared statement.

The university reported it could not prove Schwertner sent the offensive messages, and a forensic investigation found that they did not come from his phone. However, the messages did come from Schwertner's Hushed account, a privacy app that allows people to send messages from separate phone numbers, and his LinkedIn account.

The UT investigation also described Schwertner as uncooperative and unwilling to be interviewed or answer questions about whether he had other electronic devices where the messages could have originated.

Schwertner's attorneys said in a statement that they prevented him from being interviewed by the university because they considered the school's investigative process unfair.

An attorney purporting to represent a mysterious third party, whose identity was never revealed to the investigators, at some point claimed responsibility for sending the messages. Schwertner told investigators he knew this unidentified person, and shared his user name and passwords with the individual, but refused to reveal their identity in the investigation.

The university investigative report acknowledged that the unnamed person might not exist.

"We recognize that it is plausible that the Respondent [Schwertner] sent the text messages and photograph from a device other than his personal cell phone and the third person claiming responsibility is being untruthful or does not exist, but we have no evidence to support those possibilities," the investigation summary reads.

Reached for contact, UT spokesman J.B. Bird said the university will let the report speak for itself.

 

The messages

The messages begin on May 3 with a professional back and forth on a LinkedIn account belonging to a Charles Schwertner MD and an unnamed student, discussing the student's desire to work in health care and politics. Schwertner is a surgeon.

On Aug. 28, Schwertner appears to ask the student via LinkedIn message for her cellphone number at 2:20 p.m. and then at 3:59 p.m. he mentions her attending a committee meeting, inviting her to sit in the audience.

The student responds with her number, which is redacted, and thanks him for connecting her to his staff members and accepts his invitation to sit in the audience. The student provides emails from Schwertner's chief of staff Drew Graham and another senate staff member following up on his offer to attend a committee hearing.

At 6:20 p.m. that same day in the LinkedIn message, Schwertner appears to say, "Hope you're getting my texts I sent you."

The student responds, "Please stop the inappropriate texts, it is unprofessional."

Separately, UT released text messages provided by the student from a person claiming to be "Charles." The texts are not dated, but the UT report notes they were made on the same day the LinkedIn account asked for her cellphone number.

UT also released a photograph of Schwertner's legislative business card, where the phone number used for the texts is written in by hand.

"Sorry. I really just wanted to f--- you," the string of texts begins.

"If you'd like to still sit in the audience then by all means come," the text said referencing the LinkedIn conversation.

"This is Charles"

"Send a pic?"

"I'll send you one"

"Hello? Want to just use LinkedIn? Or my main cell?"

"It's me want me to prove?"

"And I have more proof of life ;)"

The photos are redacted.

The student wrote in the text, "Please stop, this is unprofessional. I'm a student interested in learning about Healthcare Policy. These advances are unwanted."

The student received no subsequent messages from Schwertner's accounts.

In September, the Austin American-Statesman first reported that Schwertner was being investigated by the University of Texas, after a student complained he sent lewd text messages including apparent photos of his genitals.

Schwertner won re-election to his Senate seat on Nov. 6.

On Tuesday evening, Texas Democrats jumped on the results of the report.

"These are not the actions of an innocent man," said Texas Democratic Party Executive Director Crystal Perkins. "Sen. Charles Schwertner is a liar and clearly unfit to serve in elected office."

After the investigation surfaced, Lt. Gov. Dan Patrick, the Senate president, said he would reserve comment until after the investigation was complete.

Patrick's spokesman Alejandro Garcia said Tuesday evening said Patrick was reviewing the materials.

(c)2018 The Dallas Morning News

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