Patricia Rush in court in November 2011. (File)
WACO (June 15, 2012)--Former Hallsburg teacher Patricia Rush, 39, who could face another trial on four counts stemming from allegations of inappropriate conduct with one of her students, remains free on bond after a hearing Friday during which prosecutors sought to have her bond revoked.
Rush was acquitted in December on 10 counts of an 18-count indictment that included aggravated sexual assault, indecency with a child and improper relationship between an educator and a student.
The jury reported it was deadlocked on the remaining eight counts, said Alan Bennett, Rush's attorney.
Bennett also said in subsequent weeks the state has dismissed four of the remaining charges and now Rush is charged only with two counts of aggravated sexual assault and two counts of improper relationship between an educator and a student remain.
A $100,000 bond was set Friday on those charges, which Rush posted.
Bennett said 19th State District Court Judge Ralph Strother strongly admonished Rush in court Friday, telling her that if he heard she was frequenting dance halls or like venues while awaiting retrial, he would revoke her bond and send her back to jail.
The state, represented by Assistant Attorney General Lisa Hoing, has said it plans to retry Rush on the remaining counts.
But Bennett said he has filed an appeal with Waco's 10th Court of Appeals after a writ of Habeus Corpus filed in the 19th court seeking all remaining charges be dropped was denied.
Bennett said the basis of the appeal is that retrial on the remaining issues constitutes double jeopardy.
The affidavit submitted for the original arrest warrant in 2007 said authorities started an investigation after a woman, who was not named, contacted the sheriff's office and told an investigator that her son had been spending a lot of time with Rush and said she was concerned that the boy and Rush were "having a sexual relationship."