County Prosecutor Pam Castle sued over affair with Sheriff’s Deputy; due process issues could follow.

Recently reelected County Prosecutor Pam Castle wasn’t so lucky this past Friday. She was sued by a Forrest County Sheriff’s deputy for alienation of affection over an alleged affair with the deputy’s husband, Tim Eubanks. Mr. Eubanks is also a Forrest County Sheriff’s Officer. He is often a witness for Forrest County Prosecutor Pam Castle in trials involving his arrests. The suit is posted below in its entirety; the plaintiff Candace Eubanks claims she,

“Came into possession of a full audio recording of Pamela Castle and Timothy Eubanks in flagrante delicto in the automobile of Timothy Eubanks.”

Merrian Webster Dictionary defines “flagrante delicto” as: 1: in the very act of committing a misdeed :  red-handed 2:  in the midst of sexual activity

Even more shocking and concerning, Mrs Eubanks claims in the lawsuit that she has been the victim of unlawful  pressure by her superiors from pursuing her legal rights. In an eletion year, that’s not surprising. She claims she

“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.”

The Hattiesburg Patriot uncovered documents filed by both Deputies Candace and Tim Eubanks requesting that Pam Castle recuse herself from any cases involving defendants they arrested. Interestingly, less than a month later, they both withdrew those requests.  These simultaneous reversals of their requests for Castle to recuse herself in their cases gives merit to the allegations that “criminal, unlawful pressure” involving her “superiors” in the complaint likely happened. There is very little doubt that Sheriff Billy McGee didn’t wanted this situation to become public, let alone become public before his election. McGee has his own alienation of affection case to deal with.

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If a prosecutor has a sexual relationship with a witness, it is not only wise to disclose the relationship to defendant’s council, but it may be a violation of that defendant’s due process rights not to disclose it.  An illicit relationship of the type described in the below complaint also opens both the prosecutor (Castle)  and arresting officer (Eubanks) to duress and even blackmail by defense council.

Having skeletons in the closet, and wanting to keep them there, is not something you want to have occur with authorities in a judicial system. It’s unclear why none of the Justice Court judges didn’t require Castle to recuse herself; since the relationship has been common knowledge among many in the legal and law enforcement profession for several months. The cost of  Castle recusing herself from these cases would be pretty high since citizens would have to pick up the tab to have another prosecutor do our prosecutor’s job. Doing this would also have an adverse effect on her ability to get reelected.

If the allegations in the complaint are true, they lead to all sorts of potential problems,  including duress or blackmail. An attorney with knowledge of the affair could threaten to expose the relationship in open court on behalf of their client’s due process rights in order to gain a dismissal.  A witness in a relationship with the prosecutor might do or say things they might not otherwise say or do.

People arrested by Mr. Eubanks and found guilty could petition to have their convictions vacated.  The defendants can claim that relationship was not disclosed, and they can then move to vacate any convictions. Therein lies the professional conflicts of interests, and why this is of interest to the public.  Relationships such as these have a propensity to cause all sorts of issues.

In Georgia, cases and sentences were tossed out and sentences reduced when an affair between a prosecutor and ATF agent was discovered. A February 4th article reads Federal judges ice Savannah-based prosecutor, ATF agent pending probe of affair-tainted prosecutions and Affair between ATF agent, federal prosecutor results in two new trials, one re-sentencing for imprisoned men, and another article on April 7th reads New Trials Ordered in Cases Brought by Prosecutor Having Affair With Agent.

The Hattiesburg Patriot was able to catch up with Mrs. Castle for a comment . She had not yet been served with a lawsuit, but when asked about a previous relationship with Mr. Eubanks, Castle had no comment, and said she had, “done nothing wrong.”