By BRAD ROLLINS
Matthew Todd Ferguson was headed for a trial on charges he sexually assaulted a woman and secretly videotaped sex with others at his San Marcos apartment.
But in June 2006, then-District Attorney Mike Wenk unexpectedly dropped the local charges against Ferguson, a former Texas State University student with a prior sexual assault conviction in Michigan. His motion for the dismissal noted that Ferguson had been indicted on similar charges in McLennan County where Ferguson lived while attending Baylor University.
“Hays County only has a single complainant and McLennan County clearly has the majority of witnesses and evidence [and] the State of Texas wishes to facilitate that prosecution and dismiss the immediate charges,” the motion stated.
And that happened. As his trial approached last fall in McLennan County on two sexual assault and nine counts of improper visual recording for sexual gratification, Ferguson agreed to plead guilty to some of the charges in exchange for a total of 25 years in prison.
The aborted prosecution in Hays County, however, is not as routine as it sounds, a case of passing the prosecution to the jurisdiction with the strongest case.
The move was prompted largely by District Judge Bill Henry’s ruling that defense team should have copies of the sex tapes Ferguson secretly recorded over the years at his home in Waco and then in San Marcos. Ferguson’s San Antonio attorneys had argued they needed copies to review and analyze since a large part of the case against their client centered around the dozen tawdry tapes found during a search of Ferguson’s North LBJ Drive apartment.