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Special prosecutors out of Henderson County appointed in trial of Smith County clerk accused of interfering with son's arrest

Karen Phillips said she does not have an attorney at this time. She said she had one, but she heard the lawyer lie to her in front of a judge in the another case.

TYLER, Texas — Attorneys from the Henderson County District Attorney's Office have been appointed to serve as special prosecutors in the trial of Smith County Clerk Karen Phillips, who is accused of interfering with her son Derek Phillips' arrest last March. 

Her charge -- interfering with public duties (class B misdemeanor) -- stems from accusations of interfering with her son Derek Phillips' arrest during a traffic stop on March 28, 2023. 

Documents allege Derek Phillips interfered with a traffic stop involving another man, Cody Voss, several times. At one point, Karen Phillips grabbed a sheriff's deputy and pushed another deputy as these officers tried to arrest Derek Phillips after he ran into her home.

During a scheduled arraignment hearing Friday, Jeff Herrington and Daynah Fallwell with the Henderson County District Attorney's Office announced themselves as special prosecutors for the case in the Smith County Court at Law No. 2. 

The judge then asked Karen Phillips if she had an attorney to represent her. 

Karen Phillips said she does not have an attorney at this time. She said she had one, but she heard the lawyer lie in front of a judge in another case.

She told the judge she’s open to what the state has to say, but she would like some time to hire a reputable attorney. 

The judge decided not to have the arraignment on Friday and wait until she gets an attorney. He also said he would get her a copy of the indictment. 

Court officials will work to determine a new arraignment date, the judge said. He added the next pre-trial hearing is set for Feb. 2 with a current trial date of March 20. 

Derek Phillips' next court appearance will be on Feb. 1 in the County Court at Law No. 3, according to court records. In addition to interfering with public duties, he is also indicted on resisting arrest (class A misdemeanor) and evading arrest (class A misdemeanor) charges.

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