PORT ANGELES — David Fox, a Port Angeles attorney and announced candidate for Clallam County prosecuting attorney, is under investigation after a client said he sexually harassed him.
“I deny the allegations,” said Fox, who cited several theories for why the allegation was made, including that Clallam Prosecuting Attorney Deb Kelly, who is seeking re-election, was behind it.
Kelly called Fox’s claim “simply ridiculous.”
The ongoing investigation is in the hands of the state Attorney General’s Office, and Fox has been removed as 26-year-old Justin Mason’s attorney at the request of his now former client.
The investigation began May 19 when the Clallam County Sheriff’s Office was notified that Mason phoned a state Department of Corrections hotline to file a complaint against Fox for sexual harassment, according to Clallam County Sheriff Bill Benedict.
Benedict said Fox is also under investigation for allegedly “introducing contraband” into the Clallam County jail while visiting Mason.
Benedict declined to provide any details about the allegations.
The alleged incident that prompted the complaint occurred about two weeks ago, Benedict said.
Fox said at different times during an interview Friday that he believed that the allegations were brought forward because Mason made them up to vent his anger over being in jail; because Clallam County Superior Court Judge George Wood, who assigned Mason to another attorney, did so because of prejudice against Fox — and because his client was “coerced” and “strong-armed” into making the allegations.
Additionally, Fox said that he believed the allegations were part of a political move by Kelly because she knew he was going to seek to have Mason’s 13 charges of witness tampering and violating a restraining order dropped.
“I do feel strongly . . . that Ms. Kelly was strong-arming Judge Wood to get me off the case,” Fox said.
“If I whipped her ass in this case, it would be an election issue.”
Fox is one of three attorneys who have announced they will be candidates for the prosecuting attorney’s position now held by Kelly.
The official filing period for the ballot is June 7-11.
The top two vote-getters in the Aug. 17 primary election — regardless of party affiliation or incumbency — will move on to the Nov. 2 general election.
Sexual harassment
Fox also claimed that Mason never mentioned anything about sexual harassment when he requested a new attorney on May 21 in Clallam County Superior Court.
But after being notified that an audio recording of the May 21 hearing had Mason making this allegation, Fox told the Peninsula Daily News:
“I think they led him into it . . . I think Deb Kelly wanted me off the case because she knew she had a losing case.”
When explaining why he wanted a new attorney, Mason told Wood at the hearing, according to the recording:
“I’m pressing charges against him for sexual harassment, amongst other things.
“I’m seeking criminal charges against him because he was very inappropriate.
“[There’s] malfeasance in astronomical proportions going on.”
Another Port Angeles attorney, Karen Unger, was assigned as Mason’s attorney.
Citing attorney-client privilege, Unger also declined to provide further details on the allegations.
Mason reiterated through Unger at a court hearing Friday that he wanted no contact with Fox.
During an interview Friday, Fox also claimed that sheriff’s deputies in the jail were “trying to turn him [Mason] against his attorney.”
Claims ‘ridiculous’
In an interview, Kelly called Fox’s allegations “simply ridiculous.”
Kelly said she has kept herself out of the investigation and added that the Attorney General’s office advised her to request the May 21 court hearing in order to give Mason the opportunity to request a new attorney.
She said the state agency is handling the investigation in order to avoid a conflict of interest since Fox intends to challenge her in this year’s election.
Kelly said she did not know the details of the allegations, and Kristin Alexander, a spokeswoman for the Attorney General’s Office, said she could not provide any comments due to the ongoing investigation.
Fox said he believed Wood wanted him off the case from the start due to his sexual orientation.
“I think he might have a problem with gay attorneys,” he wrote in an affidavit, which he attempted to have sealed — a request that Judge Brooke Taylor denied during a hearing Friday.
Fox said in an interview Friday that he was bisexual.
“I don’t think there is a thing as sexual orientation,” he said, “but if I was to label myself . . . I guess bisexual would be the least offensive, I guess.”
Fox filed a request in Clallam County Superior Court on Monday that he be reinstated as Mason’s attorney and that Wood recuse himself from the case.
Fox wrote that Wood violated the Constitution’s Sixth Amendment, which sets forth rights related to criminal prosecutions, by removing him from the case and is “working in concert with Ms. Kelly to thwart the will of the voters.”
Asked for examples of alleged prejudice, Fox said:
“I think he [Wood] was trying to keep me from representing [Mason].
“He said, ‘If you don’t want this case, a public defender can have it.’ That’s the impression that I got, that he doesn’t want me to practice in front of him.”
Wood declined to comment on any aspect of Fox’s removal from the case.
No hearing had been set by Friday on Fox’s court request, which was filed Monday.
Fox defended Mason earlier this year when he was arrested for investigation of unlawful imprisonment, stalking and harassment on Feb. 25.
Police said Mason initially refused to come out of a woman’s home after making threats to her over a cell phone, police said. He was arrested after a seven-hour standoff with officers.
He was not armed, police said.
Mason’s charges were reduced to harassment, a gross misdemeanor, which he was convicted of in April. He was sentenced to time served.
His 13 new charges stem from alleged contact with the woman whom he was convicted of harassing.
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
