Presiding officer apologizes for sleeping during hearing in Keller

Posted Friday, Feb. 10, 2012 0 comments  Print Reprints
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KELLER --An Austin attorney who fell asleep while he presided over a Keller family's special education due process hearing has been replaced.

In an email sent to the family on Feb. 6, Larry Craddock said he "slept one or two minutes at most" during the January hearing and said he is taking medication that causes drowsiness.

"I am writing to apologize for going to sleep during the hearing in this case. It was completely involuntary on my part. I meant no disrespect to the parties," the email states.

Craddock declined further comment in a brief telephone interview on Friday, but confirmed that he sent the family an apology through email.

He said he is no longer presiding over the case, but declined to say whether he was removed or stepped down voluntarily.

"I can't talk about this," he said. "I have a problem and I'm seeing doctors about it."

Dallas attorney Myrna Silver, who is representing the family, said she was notified by the Texas Education Agency on Friday that a different hearing officer has been assigned.

Parents Donna Harvey and Sheryl Kaminsky said the hearing is about special education services that they believe the Keller school district should have provided for their 18-year-old son.

They said their son, who they say is autistic now attends a Dallas private school.

Kaminsky took a photo that she said shows Craddock looking at his cell phone at one point, and shot video footage of him that appears to show him with his eyes closed.

The video, posted on YouTube, had received more than 4,500 views by early Friday afternoon.

Silver said Craddock slept while she was presenting evidence and during witness testimony over three days.

"He was continuously dozing off, falling asleep," Silver said. "If the school district's attorney and I would begin to argue about something, he would rouse himself and make a ruling.

"What the video shows is extremely egregious."

Jessamy Brown, 817-390-7326

Twitter: @jessamybrown

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