Saturday, August 21, 2010

Docket Call: Judge Orders Release After Consultation

Prosecutor said it takes 9 months to get DNA tests from DPS

Waco -- In the high speed atmosphere of a criminal docket
call, 19th District Judge Ralph Strother called cause
numbers from the list on the bench Friday morning.

Attorneys stood and made brief explanations of where they
are with their cases. Some said they will probably ask the
judge to pass the case, to put it off for another day.
Others said they will be ready for trial at a subsequent
setting. Still others said they will probably arrange a
plea agreement between their client and prosecutors.

When the judge reached the number for the case against DannyPassmore, a Robinson karate teacher, author and realitytelevision star who was charged with aggravated sexualassault of one of his juvenile students, Judge Strother
asked, "Where do we stand on this one?"

Prosecutor Edward Vallejo, seated in the jury box at the
side bench, rose and said, "You Honor, we're still waiting
on DNA test results from the lab."

"Local lab?" the judge asked.

"No, sir," said Mr. Vallejo, "the DPS lab."

"I thought that at one point we were going to ask them when
they will probably have results," the judge said.

"They said they're running about 9 months behind on all DNA
tests," replied Mr. Vallejo.

Judge Strother shrugged and continued down the list of cases
called before the docket.

That brief and rather cryptic exchange, in which Mr.
Passmore's name was never mentioned in open court, led to
his Friday afternoon release when the McLennan County
District Attorney's office made a decision to refuse the
charges against him.


He had been held in jail on a $250,000 bond since late May.

The case has not been presented to a Grand Jury, pending
test results.

Because it's been more than 90 days since he was charged,
the Court would have been obliged to either release him on a
personal recognizance bond, or reduce the amount of bond
under which he was held had Mr. Passmore's attorney filed a
motion in application for a writ of Habeas Corpus and
release due to delay in prosecution.

Instead, prosecutors simply declined the charges against Mr.
Passmore and the Court released him from custody.

Mr. Passore is a champion black belt practitioner of
American Street Karate. He operated a martial arts academy
for youthful students in Robinson until his incarceration in
the McLennan County Jail.

Robinson Police arrested him on the strength of a probable
cause affidavit from one of his students alleging he
committed the act of aggravated sexual assault and that
there was continuous sexual abuse carried out against the
child at the Passmore residence.

A local doctor asserted that injuries to the child were
consistent with those experienced in that type of assault.

Prosecutors requested the additional evidence of DNA
matching through the DPS laboratory.

Mr. Passmore is an active churchman involved with missionary
activities on visits to such impoverished countries as civil
war-torn Western Sahara.

He is a veteran of the Marine Corps and he and his wife
wrote a book and published it through a self publishing
program offered by Amazon.com. "Positive Defensive Behavior:
Emotional Self-Defense Behavior for Youth" has one section
regarding "How to spot sexual con games." The text gave
tips on "How to ask for help."

According to Amazon.com, the book is now unavailable.

Mr. Passmore appeared on an episode of the reality
television show, Borat, taped at a martial arts function in
San Antonio.

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