Plaintiffs in ESD Case Allege Witness Tampering, Perjury

In a Nov. 2 filing, Charla Aldous and Brent Walker, attorneys for the Doe family, ask Judge D’Metria Benson to levy sanctions against the Episcopal School of Dallas and its counsel.

As you may recall, a jury awarded the Doe family $9.2 million in September when it found ESD liable for gross negligence and fraud.

The host of charges in the 40-page filing include witness tampering, perjury, obstruction of justice, “intimidation conduct,” and concealing material evidence. For the actions that “implicate criminal conduct,” the plaintiffs ask Benson to refer the case to the proper authorities.

One of the more surprising allegations concerns the cause of the recess on Sept. 8. During the rebuttal phase, Benson said new evidence needed to be investigated and allowed the parties to take a recess until Sept. 14. Court resumed the next week without the introduction of new evidence or witnesses.

The filing claims a current ESD teacher contacted Aldous and offered to share “sufficient evidence to prove material lies on ESD’s part during the litigation.” However, less than 24 hours after coming forward, the current teacher cut off contact. The plaintiffs request an investigation “into the facts surrounding this matter to determine whether witness intimidation or witness tampering occurred.”

Another, less serious charge, is that ESD dealt improperly with members of the media, namely Preston Hollow People, when it issued press releases and other statements throughout the course of the trial. Crisis PR specialist Lisa LeMaster is also named in the filing.

The plaintiffs are seeking $92,465.90 in legal fees incurred as a result of the alleged misconduct, as well as additional monetary sanctions “in an amount the Court deems appropriate.”

Benson will hear this motion, as well as the one for final judgment, at 1:30 p.m. Nov. 10.

To look at the filing yourself, go here and enter Case No. cc1003251a

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