LUFKIN, TX (KTRE) - An attorney for the former Hudson ISD kindergarten teacher accused of having sex with six high school students has filed a motion with the 159th Judicial District Court that is asking for her bail to be reduced.
Heather Lee Robertson, 38, of Lufkin, is still being held in the Angelina County Jail on six second-degree felony improper relationship between educator and student charges and six second-degree felony sexual assault of a child charges. Collectively, her bail amount has been set at $600,000.
In the document, Scott Tatum, Robertson's defense attorney, argues that she is "illegally confined and restrained" in the Angelina County Jail because Robertson's bail amount is "excessive, oppressive, and beyond the financial means of Heather Robertson." Tatum goes on to say that the collective bail on Robertson's 12 charges violates the Eighth and Fourteenth Amendments of the U.S. Constitution.
The document also requests that Judge Paul White conduct an evidentiary hearing, review the evidence, and reduce Robertson's bail to a "reasonable amount," so Robertson has the opportunity to be released from jail before her trial.
According to the Angelina County website, no date has been set for the hearing.
Two of the improper relationship and the six sexual assault of a child charges were filed on May 4.
Each of the six improper relationship charges involves six different victims. Each of the sexual assault charges involve the same victims. Hudson ISD police were able to file the improper relationship charges due to the allegations Robertson had sex with Hudson ISD students. Lufkin police were able to file the sexual assault charges due to the allegations Robertson had sex with underage boys in the city limits of Lufkin.
An arrest affidavit filed on May 4 states a student told a Hudson ISD officer he had sex with Robertson on numerous occasions between November and February. He said she would pick him up at his home and they would have sex in her car and at her apartment.
A second affidavit states another student said he had sex with Robertson the day before Thanksgiving. He said Robertson took him home after they had met at her apartment.
A third affidavit states a student convinced his parents on Nov. 25 that Robertson needed help moving in to her apartment and they dropped him off at the apartment. The boy said he then had sex at Robertson's apartment.
A fourth affidavit states a student told police Robertson picked him up from his home on three different occasions and returned him home after they had sex.
The jail records list offense dates of Nov. 23 and Feb. 1 on the new improper relationship charges. The six sex assault charges list offense dates of Oct. 30, Nov. 20, Nov. 25, March 11, March 11 and March 20.
The first offense date is three days after her husband filed for divorce.
Arrest affidavits from the previous charges state four different students admitted to having sex with Robertson. Two of them said they had sex with her at the same time.
Two of the students said they would sneak out of their houses and Robertson would pick them up and take them back to her apartment to have sex and then take them back home.
Robertson was arrested on the previous four charges on April 22.
Robertson admitted to a Hudson ISD police officer that she had sex with the four students, saying she had recently become a heavy drinker and would sometimes not remember the details of the encounters.
Every sexual encounter was sparked by social media, according to the affidavits.