DA race marked with series of suits, countersuits
by Paul Teague, pteague@newstopic.net
5 months ago | 1825 views | 2 2 comments | 16 16 recommendations | email to a friend | print
The race to determine who may have power over the legal proceedings of the 25th Judicial District appears headed to its own series of courtroom dramas.

On Monday, a former client of Republican district attorney candidate Shawn Clark filed a counterclaim to a libel and slander lawsuit made by Clark and his wife in January in response to an alienation of affection suit filed against Clark by the client’s husband.

Clark, a Hickory attorney, is seeking the GOP nomination for district attorney against the incumbent, Jay Gaither, who is vying for a third four-year term. The winner will take on Democratic candidate Jason Parker and Libertarian contender T.J. Rohr.

In the submission to Catawba County Superior Court, Tiffany Lynn Watts Turnmire contends Clark engaged in an “inappropriate and illicit relationship” with her while representing her in domestic violence and child custody proceedings.

In a lengthy interview Tuesday at the News-Topic, Clark denied the allegations and presented sworn affidavits from individuals who state Turnmire’s husband, Timothy, told them there was no affair between Clark and his wife and that a series of intimate e-mail exchanges by Tiffany Turnmire and Clark – submitted as part of his lawsuit – were fraudulent.

“There absolutely was no affair,” Clark said. “She was a client.”

According to North Carolina State Bar ethics guidelines, a lawyer is prohibited from having sexual relations with a client, unless the relationship began prior to legal representation.

Clark, who has been in practice for more than 12 years, said his involvement with Tiffany Turnmire began in late 2007 when he represented her in a domestic violence case against her husband and regarding the removal of two (later three) children by the Catawba County Department of Social Services. As one of four attorneys in Catawba County under contract with the state for DSS custody hearings, Clark said he continued to represent Tiffany Turnmire into last year. He said he petitioned the court to be removed from her case in July 2009 but was turned down when Turnmire declined to grant permission.

Prior to his petition, Clark does admit to paying for an airline ticket and hotel accommodations for Turnmire while he was in Las Vegas, though an original plan had her visiting a friend in Florida. He said the trip, which did not include his wife or children, was part of a vacation to attend the wedding of a friend’s relative in Arizona and that Turnmire had been contacting him constantly.

“Looking back, how stupid was that?” Clark said. “She didn’t stay with (me or my friends). She had her own room on a separate wing and floor. Nobody touched her. I didn’t touch her. I didn’t see anybody touch her.”

Prior to the Las Vegas trip, Clark said the Turnmires’ relationship had reached a boiling point in May 2009, shortly after the couple had been granted extended visitation with their children. Clark said an altercation between the Turnmires resulted in both filing domestic violence and assault complaints. He said he visited Tiffany Turnmire and her mother at the hospital to check on the condition of his client. Tiffany agreed to move in with her mother, Clark said, though the residence was a short distance away from where her husband lived.

It was at this point, Clark contends, that Tiffany Turnmire began to call him constantly and appear at his office without an appointment.

“She’s calling me all the time, e-mailing me and not taking her medication,” Clark said. “I do a lot of domestic work, so it’s not unusual for people to call me. These often are emotionally broken people.”

Clark said he recalled seeing Tiffany Turnmire in August to discuss her case, then helped change a flat tire, which resulted in him removing a dress shirt that wound up in her car. As part of Timothy Turnmire’s complaint, he has submitted a photo of Tiffany wearing Clark’s shirt.

“Why in the spit she is wearing it, I can’t tell you,” Clark said. “I think Tim and Tiffany are in this together to try to extort money from me.”

In September, Clark said the Turnmires agreed to drop the domestic violence and assault charges stemming from the May incident. A month later, Clark said he was approached by Steve Brackett, Timothy Turnmire’s attorney, who said Tiffany had admitted to having a sexual affair with Clark to her husband.

“I had never touched her,” Clark said.

Shortly thereafter, Clark said Brackett contacted him and said Tiffany Turnmire was in Brackett’s office with her three children. Clark said it was the first time he had seen Turnmire with her kids, noting that she told Brackett there had been no inappropriate relationship with Clark and admitting her trip originally had been planned for Florida and not Las Vegas.

Clark said he was advised by Brackett to meet with his client, Timothy Turnmire, on Oct. 12, 2009. During the meeting, Clark claims Turnmire accused him of having an affair with his wife and said he had proof.

“I feel like I went into an ambush,” Clark said.

Clark said four demands were made by Timothy Turnmire:

• Drop out of the district attorney’s race;

• Have nothing to do with his family;

• Have Clark tell his wife he had an affair with Tiffany;

• Pay him $175,000.

“The night of the meeting with Steve and Tim, Tiffany calls my house and speaks to (Clark’s wife) Ashley,” Clark said. “She said to pay (Timothy Turnmire) and everything will go away.

“Several weeks later she calls my wife again and apologizes. We have part of this recorded. But she said Tim was still going to take things to court.”

Clark said he later met with Tiffany Turnmire on two occasions in public, during which Clark said she agreed to write a statement denying any affair and that the story had been made up by her husband in order to obtain money.

In November, Clark said he removed himself from representing Tiffany Turnmire any further, though he claims Timothy Turnmire continued a pattern of sending her threatening text messages.

“I did everything I could to help this girl,” Clark said. “I could have easily dropped out of this race. This is much, much more than some guy saying I had an affair with his wife.”

comments (2)
« LarryKay wrote on Wednesday, Mar 10 at 08:03 AM »
This story should have told how Jay Gaither has been behind this story from the begining with the lawsuits. The story should also have told the past history of this girl and her husband. This is two things, someone trying to get money and Jay Gaither pushing it!
« LarryKay wrote on Wednesday, Mar 10 at 07:57 AM »