What makes the trial interesting is that Ms. Ruiz is not accused of committing a crime but instead is accused of doing nothing. Unfortunately for her, the failure to act in some circumstances can be a criminal offense.

The statute reads: "A person commits an offense if the person has cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report [the information to law enforcement]". Texas Family Code §261.109.

I'm going out on a limb: she will be acquitted.

The case arises from incidents that took place in the classroom of first grade teacher Modesto Rodriquez which subsequently led to his conviction and a 20 year prison sentence for child sexual abuse. Prosecutors claim that Ruiz was told by a mother of one of Rodriquez victims of the abuse and that Ruiz failed to report it in violation of state law.

I took notice of this misdemeanor case when I saw that Tarrant County Assistant D.A. David Montague was the prosecuting attorney. Montague has been with the D.A.'s office for years and is an excellent felony prosecutor. Consequently, it is a bit odd that he ends up being the lead attorney on  a Class B misdemeanor, the lowest level criminal offense that the D.A.'s office has the responsibility for handling.

Maybe Montague's presence is some indication of how the State feels about its case.

But even with Montague at the helm, the case is not one that is easily won.

Here's why:

• From what has been reported, it is a bit cloudy as to what exactly the mother told Ms. Ruiz. Note that the statute requires that Ms. Ruiz had "cause to believe" a child was in danger. Unless the mother was direct and unequivocal, Ms. Ruiz can be excused for not acting on murky information.
• The crime involves the failure to act. Most crimes, rightly so, require a Defendant to have done something in order to be criminally responsible.  Juries understand the concept: a person is responsible for his actions. But when the government makes it a crime for not taking action when you otherwise have no legal responsibility to act, that becomes a tough sale.
• Ms. Ruiz is like you. Rightly or wrongly, a jury has a preconceived notion of what constitutes a criminal. Ms. Ruiz will not fit that profile, and  I suspect that most of the jurors in Fort Worth can relate to her: she works hard, for little pay, and is otherwise an upstanding citizen.

Barry Green is the District Attorney for the 271st Judicial District.