Monday, January 14, 2008
3 women testify that McMillan harassed them at sheriff's office
Updated 6:39 p.m.
Lespia King's long-delayed lawsuit against former Sheriff George McMillan and the Roanoke Sheriff's Office resumes Tuesday at 9 a.m.
Testimony today before the jury panel of seven women and one man -- one member of the panel is an alternate -- outlined what attorney John Gibney called "really two trials going on at the same time." McMillan is accused in a civil assault and battery complaint of inappropriately touching King, who was a Roanoke city deputy from August 2000 to March 2004 and now works for the Roanoke County Sheriff's Office. King also has a sexual harassment claim against the city sheriff's office.
King's attorney, Terry Grimes, said McMillan hugged his client, kissed her against her wishes and tugged her into his lap during a meeting. He said McMillan repeatedly told King she should dump her boyfriend and have a relationship with McMillan.
Argument resumed today about whether to allow testimony from other women who say McMillan harassed them. It has been a long-running dispute in the case, and an earlier attempt to add six women to the case was rejected by the U.S. Fourth Circuit Court of Appeals. Jurors were sent from the courtroom today while King took the stand for brief testimony about what she knew of the other women's complaints and whether she'd known it while working as a deputy.
After hearing from King and from attorneys and after several discussions at the bench and in chambers, U.S. District Judge Samuel Wilson said today he'd allow at least some testimony from the other women, as long as it had a clear "nexus" to King's experience. With jurors back in the box, Grimes quickly called three current or former deputies who said McMillan made offensive comments or touched them inappropriately.
McMillan also took the stand today. He was the plaintiff's first witness and denied he'd hugged or kissed King, or acted inappropriately toward her. He did not address the claims of the other women, who had not yet testified.
And the double defense -- Gibney representing the sheriff's office, and Elizabeth Dillon representing McMillan -- began chipping away at details of Grimes' account of King's experience. Events Grimes seemed to describe as happening during a single meeting in McMillan's office actually occurred during two meetings, the defense attorneys noted. And they highlighted how Deputy Rachel Wylie said she'd seen King emerge in tears from a meeting with McMillan, but another witness, former Deputy Rhonda Johnson, said King didn't come out until an hour after Wylie's shift ended, at a time when only Wylie and two other women were present.
Sheriff Octavia Johnson, a long-time city officer who had two hard-fought campaigns against McMillan before winning the sheriff's position from him in 2005, is named in the case as a representative of the sheriff's office, but is not accused of any personal wrong-doing. Johnson and McMillan spent the day sitting at the defense table seprated by Gibney, who is representing the sheriff's office, but seemed to say little, if anything, to one another.
At one point, with jurors already sent out of the room, Wilson summoned the attorneys and court staff into chambers, leaving McMillan, Johnson and King alone in the front of the court. All three sat silently until their attorneys returned.
Updated 5:50 p.m.
The day finished with an hour of often emotional testimony from three current and former employees about harassment they said they endured while working for George McMillan.
Jennifer Donovan was the public relations officer for the sheriff’s office from January to October 2002. She said that during her job interview McMillan made a number of strange comments including that the public relations officer “would be like his mistress” and that people would talk about how close they would be. She said she took the job despite her misgivings and was subjected to offensive comments almost daily. She said McMillan frequently talked about women’s bodies and told Donovan she’d been hired despite another candidate having larger breasts. She testified that he twice touched her in ways that made her uncomfortable. She said she told him his behavior was unacceptable and he responded that her job performance was unsatisfactory. He told her to file a complaint with the city but that nothing would happen because he was “higher than God,” she said.
Rachel Wylie, who is still a deputy, testified that McMillan frequently hugged her and tried to kiss her on the lips, which made her very uncomfortable. He would squeeze her legs and say how strong they were. Responding to questions from attorney Terry Grimes, she said she never saw the sheriff act like that with male deputies.
Former deputy Rhonda Johnson several times needed a moment to compose herself as she related how she had lost weight after having her last child, and how McMillan called her into his office and told her he liked deputies to have fitted uniforms, and that she had a nice behind and should show it off. The sheriff put his hand on her inner thigh, she said, and she moved his hand away.
Updated 3:55 p.m.
Former Roanoke Sheriff George McMillan offered a simple defense today to allegations that he’d sexually harassed a former employee: He didn’t do it.
McMillan testified that he hadn’t pulled Lespia King into his lap, asked her for a kiss or hugged her. He said he may have put his arm around her at some point during the six times he could recall encountering her during her tenure at the sheriff’s office, but he certainly never harassed her. She never told him that his behavior disturbed her, he said, and she never evidenced any fear of him or discomfort around him.
McMillan’s testimony followed opening statements in which King’s attorney, Terry Grimes, related what he said was a series of episodes of harassment against his client: Once at the shooting range, King was trying to adjust her gun belt when the sheriff reached over and adjusted it for her, touching her around the waist. During several meetings between King and McMillan, the sheriff asked her to sit on his lap and kiss him, Grimes said, and on one instance he pulled her into his lap and kissed her on the lips. Grimes said McMillan repeatedly hugged King in the hallways in a way that made her feel uncomfortable, and he often held onto her buttocks
The two defense attorneys, one representing McMillan and the other the sheriff’s office, denied that harassment occurred. They said McMillan’s behavior was completely appropriate and well within the bounds of usual behavior.
There has been continued discussion today outside the jury’s presence about whether to allow other women to testify about what they say was harassment by McMillan, but so far this has not been brought into evidence.
Updated 12:05 p.m.
A jury has been seated in the sexual harassment case against the Roanoke Sheriff’s Office and former sheriff George McMillan.
Opening statements will start at 1 p.m.
In a lawsuit filed in 2005, former sheriff’s deputy Lespia King claims that McMillan sexually harassed her and created a hostile work environment by inappropriately touching, hugging and talking to her.
McMillan, who lost his office in November 2005 to former deputy Octavia Johnson, has said the lawsuit was politically motivated and that King's allegations are false.
Johnson has denied any role in the lawsuit's filing. After winning the election, she was named a defendant in the case because the sheriff's office, not just McMillan, was being sued. Johnson is not accused of any wrongdoing in connection with the lawsuit.
The lawsuit being heard in court this week includes the sexual harassment complaint against the sheriff’s office as well as a civil assault and battery complaint against McMillan. The current and former sheriffs sat together at the defense table this morning, separated by an attorney.
Following King's lawsuit, six other women with similar allegations against McMillan came forward. The 4th U.S. Circuit Court of Appeals ruled that those women could not join King's lawsuit because their claims were not "substantially similar" or, in some cases, they had not followed proper filing procedures.
However, those women could be called to testify this week.
Although the case had been scheduled to last all week, U.S. District Court Judge Samuel Wilson said he expects it to wrap up Tuesday.
Lespia King's long-delayed lawsuit against former Sheriff George McMillan and the Roanoke Sheriff's Office resumes Tuesday at 9 a.m.
Testimony today before the jury panel of seven women and one man -- one member of the panel is an alternate -- outlined what attorney John Gibney called "really two trials going on at the same time." McMillan is accused in a civil assault and battery complaint of inappropriately touching King, who was a Roanoke city deputy from August 2000 to March 2004 and now works for the Roanoke County Sheriff's Office. King also has a sexual harassment claim against the city sheriff's office.
King's attorney, Terry Grimes, said McMillan hugged his client, kissed her against her wishes and tugged her into his lap during a meeting. He said McMillan repeatedly told King she should dump her boyfriend and have a relationship with McMillan.
Argument resumed today about whether to allow testimony from other women who say McMillan harassed them. It has been a long-running dispute in the case, and an earlier attempt to add six women to the case was rejected by the U.S. Fourth Circuit Court of Appeals. Jurors were sent from the courtroom today while King took the stand for brief testimony about what she knew of the other women's complaints and whether she'd known it while working as a deputy.
After hearing from King and from attorneys and after several discussions at the bench and in chambers, U.S. District Judge Samuel Wilson said today he'd allow at least some testimony from the other women, as long as it had a clear "nexus" to King's experience. With jurors back in the box, Grimes quickly called three current or former deputies who said McMillan made offensive comments or touched them inappropriately.
McMillan also took the stand today. He was the plaintiff's first witness and denied he'd hugged or kissed King, or acted inappropriately toward her. He did not address the claims of the other women, who had not yet testified.
And the double defense -- Gibney representing the sheriff's office, and Elizabeth Dillon representing McMillan -- began chipping away at details of Grimes' account of King's experience. Events Grimes seemed to describe as happening during a single meeting in McMillan's office actually occurred during two meetings, the defense attorneys noted. And they highlighted how Deputy Rachel Wylie said she'd seen King emerge in tears from a meeting with McMillan, but another witness, former Deputy Rhonda Johnson, said King didn't come out until an hour after Wylie's shift ended, at a time when only Wylie and two other women were present.
Sheriff Octavia Johnson, a long-time city officer who had two hard-fought campaigns against McMillan before winning the sheriff's position from him in 2005, is named in the case as a representative of the sheriff's office, but is not accused of any personal wrong-doing. Johnson and McMillan spent the day sitting at the defense table seprated by Gibney, who is representing the sheriff's office, but seemed to say little, if anything, to one another.
At one point, with jurors already sent out of the room, Wilson summoned the attorneys and court staff into chambers, leaving McMillan, Johnson and King alone in the front of the court. All three sat silently until their attorneys returned.
Updated 5:50 p.m.
The day finished with an hour of often emotional testimony from three current and former employees about harassment they said they endured while working for George McMillan.
Jennifer Donovan was the public relations officer for the sheriff’s office from January to October 2002. She said that during her job interview McMillan made a number of strange comments including that the public relations officer “would be like his mistress” and that people would talk about how close they would be. She said she took the job despite her misgivings and was subjected to offensive comments almost daily. She said McMillan frequently talked about women’s bodies and told Donovan she’d been hired despite another candidate having larger breasts. She testified that he twice touched her in ways that made her uncomfortable. She said she told him his behavior was unacceptable and he responded that her job performance was unsatisfactory. He told her to file a complaint with the city but that nothing would happen because he was “higher than God,” she said.
Rachel Wylie, who is still a deputy, testified that McMillan frequently hugged her and tried to kiss her on the lips, which made her very uncomfortable. He would squeeze her legs and say how strong they were. Responding to questions from attorney Terry Grimes, she said she never saw the sheriff act like that with male deputies.
Former deputy Rhonda Johnson several times needed a moment to compose herself as she related how she had lost weight after having her last child, and how McMillan called her into his office and told her he liked deputies to have fitted uniforms, and that she had a nice behind and should show it off. The sheriff put his hand on her inner thigh, she said, and she moved his hand away.
Updated 3:55 p.m.
Former Roanoke Sheriff George McMillan offered a simple defense today to allegations that he’d sexually harassed a former employee: He didn’t do it.
McMillan testified that he hadn’t pulled Lespia King into his lap, asked her for a kiss or hugged her. He said he may have put his arm around her at some point during the six times he could recall encountering her during her tenure at the sheriff’s office, but he certainly never harassed her. She never told him that his behavior disturbed her, he said, and she never evidenced any fear of him or discomfort around him.
McMillan’s testimony followed opening statements in which King’s attorney, Terry Grimes, related what he said was a series of episodes of harassment against his client: Once at the shooting range, King was trying to adjust her gun belt when the sheriff reached over and adjusted it for her, touching her around the waist. During several meetings between King and McMillan, the sheriff asked her to sit on his lap and kiss him, Grimes said, and on one instance he pulled her into his lap and kissed her on the lips. Grimes said McMillan repeatedly hugged King in the hallways in a way that made her feel uncomfortable, and he often held onto her buttocks
The two defense attorneys, one representing McMillan and the other the sheriff’s office, denied that harassment occurred. They said McMillan’s behavior was completely appropriate and well within the bounds of usual behavior.
There has been continued discussion today outside the jury’s presence about whether to allow other women to testify about what they say was harassment by McMillan, but so far this has not been brought into evidence.
Updated 12:05 p.m.
A jury has been seated in the sexual harassment case against the Roanoke Sheriff’s Office and former sheriff George McMillan.
Opening statements will start at 1 p.m.
In a lawsuit filed in 2005, former sheriff’s deputy Lespia King claims that McMillan sexually harassed her and created a hostile work environment by inappropriately touching, hugging and talking to her.
McMillan, who lost his office in November 2005 to former deputy Octavia Johnson, has said the lawsuit was politically motivated and that King's allegations are false.
Johnson has denied any role in the lawsuit's filing. After winning the election, she was named a defendant in the case because the sheriff's office, not just McMillan, was being sued. Johnson is not accused of any wrongdoing in connection with the lawsuit.
The lawsuit being heard in court this week includes the sexual harassment complaint against the sheriff’s office as well as a civil assault and battery complaint against McMillan. The current and former sheriffs sat together at the defense table this morning, separated by an attorney.
Following King's lawsuit, six other women with similar allegations against McMillan came forward. The 4th U.S. Circuit Court of Appeals ruled that those women could not join King's lawsuit because their claims were not "substantially similar" or, in some cases, they had not followed proper filing procedures.
However, those women could be called to testify this week.
Although the case had been scheduled to last all week, U.S. District Court Judge Samuel Wilson said he expects it to wrap up Tuesday.
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