Judge Files Defamation Lawsuit Against Local Blogger
KFDM News has obtained a copy of a lawsuit filed by Jefferson County Precinct 8 Justice of the Peace Tom Gillam against local blogger Philip Klein of Klein Investments, in which attorneys for Judge Gillam accuse Klein of false, malicious and defamatory statements in a story that cited sources claiming Gillam had engaged in an inappropriate sexual act with a woman at his office in the subcourthouse.
Attorneys Gerald Eddins and Brent Coon are representing Gillam. They filed the lawsuit Tuesday at the Jefferson County Courthouse. Klein's article was posted March 27 on his website.
Klein is a private investigator who's been publishing a blog for more than a decade.
In a statement posted Tuesday on his website, Klein says Klein Investments has every intention of aggressively defending itself. He says comments regarding elected officials, as well as public officials and events surrounding them, are firmly protected by the 1st Amendment.
Last month, when Klein learned about a glass door being broken in Judge Gillam's office at the Port Arthur sub-courthouse, he began investigating.
Klein reported on his blog that according to unnamed sources, an employee of Gillam's had walked in on Judge Gillam in his office in March, engaged in sexual activity with a woman. Klein reports the employee got upset and ran out of the office, slamming the door and breaking the glass.
In his lawsuit, Gillam says he and his court coordinator were working after hours on separate projects at the Port Arthur sub-courthouse.
Gillam says he left, and shortly afterward, his court coordinator was going to leave, but she noticed she was locked inside the courthouse. She started banging on the door to get Gillam's attention, and that's when the glass cracked.
The coordinator paid for the cost of the repairs out of her own pocket.
A statement released to KFDM News by attorneys Eddins and Coon states Klein's story is "patently false, malicious and defamatory. On April 10, 2007, Judge Gillam filed a civil action for defamation against Philip Klein and Klein Investments, Inc., in an attempt to repair the damage done to Judge Gillam's reputation and the good name of his family."
The statement says "at trial irrefutable evidence will be presented that proves Mr. Klein's public and private statements regarding this matter to be unequivocally and unconditionally false. The supporting evidence will include courthouse surveillance videotape that conclusively shows the story to be lies. Mr. Klein has used the Internet to spread his bogus story throughout Texas and beyond. Judge Gillam's only recourse is to use the legal system to bring an end to the shameless and outrageous personal attack upon his character and reputation."
Courthouse surveillance video in the custody of Sheriff Mitch Woods, and a restraining order approved by District Judge Bob Wortham also protects the integrity of the tape.
Philip Klein told KFDM News he'll hold a news conference Thursday at 10 a.m. at the KOLE studios.
Klein has issued a statement on his website that reads, "Klein Investments has every intention of aggressively defending itself. He says "comments regarding elected officials, as well as public officials and events surrounding them, is firmly protected by the 1st Amendment."
Gillams attorneys filed a separate petition to obtain a Temporary Restraining Order to preserve recordings of radio programs hosted by Klein and Ronnie Linden on a local radio station.
Judge Bob Wortham granted a Temporary Restraining Order Tuesday and set an April 23 hearing date on a motion for a Temporary Injunction in which Gillam's attorneys are seeking to preserve evidence for the lawsuit.
