The Port Arthur News
April 11, 2007 07:43 pm
—
By Ashley Sanders
The News staff writer
Precinct 8 Justice of the Peace Tom Gillam III is no stranger to court practices.
But the Port Arthur JP will be seeing a different side of the bench on April 23, as he makes an appearance as the plaintiff in a case filed against a local blogger.
Gillam filed a legal case Wednesday morning in the 58th District Court against Philip Klein, said Brent Coon, one of Gillam’s two legal representatives.
“Philip Klein recently stated on the website ‘Southeast Texas Political Review 2007’ (www.setpoliticalreview.com) that Gillam recently engaged in an inappropriate sexual act with a woman at the (Port Arthur) courthouse,” a statement released Wednesday by Coon and Beaumont attorney Gerald W. Eddins on Gillam’s behalf, read.
“Klein further stated in the same article that an employee walked in on Judge Gillam during the alleged act, became upset and left the courthouse in a manner that caused a glass door to break. This story is patently false, malicious and defamatory.”
Coon said Gillam is seeking unspecified damages from Klein and Klein Investments, Inc. of Nederland for the “damage done to his reputation and good name of his family.”
A separate petition was also filed on Wednesday to obtain a temporary restraining order to preserve recordings of radio programs hosted by Klein and another KOLE radio host, Ronnie Linden.
“This is an attempt to preserve evidence,” Coon explained. “We are also wanting to secure courthouse surveillance video and audio tapes to prove that Klein’s statements are false.”
The temporary restraining order is intended to keep all records in a secure location where they can not be tampered with or destroyed either intentionally or inadvertently, Coon said.
In response to the legal recourse, Klein wrote on his website that he and Linden will hold a press conference at 10 a.m. Thursday, at the KOLE radio station in Beaumont to address the particulars of the lawsuit.
Additionally, Klein released a statement about his involvement in the blog about Gillam which he states he wrote three weeks ago.
“Late this afternoon, a very nervous process server, served upon both myself as an individual and Klein Investments, Inc., the parent company to the Southeast Texas Political Review, a lawsuit and temporary restraining order,” Klein said. “As we have shown in the past, the Southeast Texas Political Review has every intention of aggressively defending itself and considering other actions as we have shown in the past which was demonstrated in the Port Arthur ISD v. Klein Investments, Inc., case which wrote case law regarding the same issues.”
Klein said he will be vindicated in this case based on his first amendment right as a U.S. citizen.
“Comments regarding elected officials, as well as public officials and events surrounding them is firmly protected by the first amendment of the United States Constitution. Clearly, sources that report misconduct and events are further protected. As being a public official, Judge Gillam’s actions, both current and past, will be on the table for discussion and will be during the course and scope of this suit,” Klein said.
“I see Jefferson County is one of the most corrupt counties in Texas. This suit is an attempt to silence one of the only few sources that brings the story to you the reader and listener to Southeast Texas.”
Gillam is suing Klein for defamation and libel. According to the Justice of the Peace, he was working alone in his office on the night in which Klein said he engaged in sexual misconduct at the courthouse.
“(Gillam) was doing paperwork in his office after hours and could not find computer disks,” Gillam’s court petition filed Wednesday reads. “He called his court coordinator at home and asked if she knew where the disks were located. She arrived at the courthouse, located the disks and placed them upon (Gillam’s) desk.”
Shortly after, Gillam completed his work and left the courthouse, according to court records.
“The coordinator realized she was alone at the courthouse and became uncomfortable,” the petition continues. As she attempted to leave the courthouse for the night, the coordinator reportedly discovered that the “exterior door to the courthouse was locked and she did not have a key” to unlock the door.
“She was therefore trapped inside the courthouse without a key to get out and did not have a cell phone,” the petition reads. “She started banging on the door to get (Gillam’s) attention as he approached his vehicle.”
Gillam reportedly heard the knocks and returned to the door to let his court coordinator outside. During the course of her “banging on the door,” the petition says the coordinator cracked the glass.
“The coordinator paid for the cost of the repairs out of her own pocket,” the petition concludes.
According to court documents, the courthouse surveillance video shows no third party present during this encounter between Gillam and his court coordinator.
Copyright © 1999-2008 cnhi, inc.