Mugshot towel could have impacted Paxton's 'right to fair trial,' judge says

This handout photo provided by Collin County, Texas shows Texas Attorney General Kenneth Paxton, who was booked into the county jail Monday, Aug. 3, 2015, in McKinney, Texas. A grand jury last week indicted Paxton on felony securities fraud charges. (AP Photo/Collin County via AP) less This handout photo provided by Collin County, Texas shows Texas Attorney General Kenneth Paxton, who was booked into the county jail Monday, Aug. 3, 2015, in McKinney, Texas. A grand jury last week indicted ... more Photo: HOGP Photo: HOGP Image 1 of / 27 Caption Close Mugshot towel could have impacted Paxton's 'right to fair trial,' judge says 1 / 27 Back to Gallery

AUSTIN - Ken Paxton was allowed to skip swaddling his shoulders in a white towel for his mugshot to ensure he was guaranteed a fair trial, a local judge decided Monday.

Everyone booked into the Collin County jail for far more than a decade has had to wear a white towel around his or her shoulders to ensure that everyone is on an even playing field when identifying a potential suspect.

But not Paxton. The first-term attorney general, indicted Monday for felony securities fraud, was allowed to forgo the towel.

READ THE JUDGE'S ORDER HERE

"Due to the high profile nature of this case and the Defendant's right to fair trial, the Court hereby orders the Sheriff of Collin County, Texas, to refrain from making the Defendant wear a towel while being photographed in custody," Tarrant County Judge George Gallagher wrote in his Monday order.

"It (the towel) just takes clothing out of the process," said Collin County Sheriff's Office Lt. Chris Havey, who said it's called "the great equalizer."

"We do not give anybody in the booking process the opportunity to opt out of it," he added. "That being said, we will comply with a court order obviously. To my knowledge, we have never seen another court order telling us not to use the towel for the booking photos."

Paxton also entered and exited the jail through a door inaccessible to the public and press, usually only taken for those who are brought into the complex in handcuffs. Paxton made no public statements yesterday, skipping dozens of members of the media who waited more than an hour for him to appear at the county courthouse.