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Sheriffs Attorneys
Respond To Allegations
Counter-Suit Filed Against Townsend
For Slander
By Jerry Sena
Attorneys for Watauga County Sheriff Mark Shook filed
an answer Monday to claims he sexually harassed and wrongfully
fired his chief deputy last year.
The 14-page document denies all allegations in the suit
filed in federal court for former chief deputy Paula Townsend
last month.
Shook and his attorneys also included a counter-suit accusing
Townsend of slander. The counter-suit asks for punitive
and other damages from Townsend.
The suit claims Townsend told at least one person in June
2005 that Shook forced himself on her.
Shooks attorneys say Townsend made the claim out
of spite, knowing it was false, or, with reckless
disregard for their accuracy.
The document alleges that the backlash has [deprived]
him of his good name, reputation, and the esteem of his
professional associates, friends and acquaintances,
while exposing him to public scorn, contempt, ridicule,
and disgrace.
The counter-suit states that Shook believes Townsend has
continued the defamatory statements to his friends,
business associates, social acquaintances and other members
of the public at large, throughout Watauga, Avery
and Wilkes counties.
Lawsuit History
Townsends 11-page complaint, filed June 14 in Statesvilles
U.S. District Court, alleges Shook fired her because shed
refused his sexual advances.
Attorneys for Shook and co-defendant Watauga County have
until Aug. 7 to answer a second sexual harassment lawsuit
filed June 23 for former county communications chief Patricia
Shook.
Unlike Townsends, Patricia Shooks suit makes
no claim of sexual advances but focuses on gender bias
as the basis for continued harassment and her eventual
firing.
Townsends suit, however, claims that on New Years
Eve 2002, Shook told her of his interest in engaging
in a personal relationship with her.
Townsend claims when she rejected Shooks advances,
he began assigning her to work specifically with
him.
As they worked together, Townsends complaint continues,
Shook continually expressed his desire to engage
in a personal relationship with (her).
The suit claims Shook also touched her inappropriately
in a sexual manner on several occasions, and, ...made
sexual comments to her regarding his sexual fantasies
and his past sexual experiences.
Politically-charged?
The sheriff, who will face Democrat Len L.D.
Hagaman in Novembers election, has characterized
the charges as fabrications contrived by political opponents
who are trying to discredit me to the voters.
County attorney Andrea Capua has said much the same.
To me, its pretty obviously politically motivated,
because [Townsend] put [the lawsuit] out to the press
before Mark was even served. Paulas the one getting
it out to the press, so she obviously has no problem with
this stuff being out there.
Hagaman has refused to comment. He issued a press release
last month stating he had no position on the
lawsuits or the allegations against his Republican opponent.
Rumors of the lawsuits began to heat up just before the
May 2 primary election, in which Shook was expected to
face a stiff challenge from retired deputy sheriff Joe
Moody.
Although it was known by several that a complaint was
being processed before the primary, the first suit was
not filed until a month and a half after the election
and Moodys campaign failed in a landslide loss to
incumbent Shook.
Whatever political undercurrents may exist in the lawsuit
filings, Shook and Capua have said they are not of the
Democrat-Republican variety.
Shook has said, When I said it was politically motivated,
I didnt mean by any party, but by certain individuals
who want to hurt me and who want me out of office in retaliation
for being terminated.
Capua said, I dont think this is Democrat
versus Republican. The political motive is to get [Shook]
out of office. [Townsend] would have loved for Mark to
have lost the primary so she could have a way back into
the sheriffs department.
Townsends attorney, Angela Gray, called the sheriff
a bad apple whom Watauga County officials
failed to take...out of the bunch.
County Embroiled
The suit against the county is based in part on the claim
county officials failed to take action when Townsend complained
of Shooks behavior to county manager Rocky Nelson.
Capua denied either Townsend or Patricia Shook ever took
their grievances to the appropriate authorities before
filing complaints with the Equal Employment Opportunity
Commission.
In their response to Townsends suit, Shooks
attorneys claimed she failed to exhaust all available
administrative remedies.
Gray said she has evidence of Shooks advances in
the form of a letter, allegedly written in the sheriffs
own hand. In the letter, Gray said, Shook makes inappropriate
comments regarding his feelings for Townsend.
Townsend has refused to produce a copy of the letter,
though, saying it was being used in negotiations between
her attorney and lawyers for Shook and the county.
Neither the county nor Shook has denied the existence
of the letter, copies of which have surfaced on the Internet.
The language of the letter is totally inappropriate
coming from an employer to an employee, Gray said.
The county of Watauga is aware of this letter, yet
has done nothing about it. They allowed Mark Shook to
continue as the sheriff.
She said the countys inaction potentially exposed
other women to similar harassment.
We cant go back and take back the things [Shook]
did to Paula, she said. But they can take
steps to be sure it doesnt happen to someone else.
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