Trial over penis-shaped candy likely to be postponed by legal wrangling
A trial date set Wednesday for a Williamson County man who anonymously sent a chocolate candy bar in the shape of a penis to a McLennan County Sheriff’s Office employee likely will be postponed while his attorney challenges the legality of the charge against him.
McLennan County Court-at-Law Judge Vik Deivanayagam set a Feb. 3 trial date for Thomas Roy Gourneau on his Class B misdemeanor harassment case during a pretrial hearing Wednesday.
However, Gourneau’s attorney, Cody Cleveland, said he likely will submit a writ challenging the constitutionality of the harassment statute after prosecutors last week added an additional layer of allegations to the original charge. That could delay the trial by a year or more, Cleveland said.
“Up until last Wednesday, my client was charged with one set of allegations,” Cleveland said after the hearing. “When you look at the warrant he was arrested on and the affidavit, he was arrested on one set of allegations. Now, the Wednesday before Thanksgiving, the state decided to add other allegations. Those allegations have been deemed unconstitutional by the appellate court out of Fort Worth.
Read more: https://www.wacotrib.com/news/crime/trial-over-penis-shaped-candy-likely-to-be-postponed-by/article_3dbce080-40e6-5a55-a3d1-aea60fe068a6.html
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