On September 10th, 2015 a lawsuit was filed by then Forrest County Sheriff's deputy, Candace Eubanks, against Forrest County prosecutor Pam Castle for having an alleged affair with her husband, Tim Eubanks.
In the original Alienation of Affection complaint, which can be read by clicking here, Mrs. Eubanks alleged to possess a recording of her husband and Castle together in Mr. Eubank's vehicle. The complaint stated that Ms. Eubanks
Came into possession of a full audio recording of Pamela Castle and Timothy Eubanks in flagrante delicto in the automobile of Timothy Eubanks.
Mrs. Eubanks went on to state
“has further faced significant unlawful pressure from various persons including but not limited to Donnie Castle, Candace Eubanks Superiors, and coworkers and other employees of the Forrest County Sheriff’s Department to desist from pursuing her legal rights with regard to Pamela Castle’s malfeasance. It is the good faith belief of Candace Eubanks that such pressure, being at all times inappropriate and unlawful, has been exerted at the request of or in the interest of Pamala Castle.”
Castle recently responded to the complaint, making accusations of illegal wiretapping against Mrs. Eubanks, citing 2 statutes.
1811 USC 2511(2)(d)
It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.
41-29-531 (e) A person not acting under color of law who intercepts a wire, oral or other communication if the person is a party to the communication, or if one (1) of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this state, or for the purpose of committing any other injurious act.
Legal minds advising the Hattiesburg Patriot explain that since Mississippi is a Common Law state, and property owned by either spouse is considered joint, it would likely not be illegal to wiretap one's own vehicle. Mrs. Castle is asserting that her right to privacy was violated by this alleged recording. Castle's counterclaim denies breaking up the marriage with an affair, but admits a relationship existed both before and shortly after the marriage. In her counter claim, Castle went on to allege that she suffered extreme emotional distress and loss of sleep over the Alienation of Affection lawsuit filed against her by Eubanks.
One point of concern for this site are the rights of citizens under prosecution by Castle when she called her alleged lover to the stand as a witness in prosecutions. If defendants were never notified of the relationship their right to a fair and impartial trial may have been violated. If anything needs to be investigated is it this.
Castle's counter claim is embedded below.pam-castle-docs