Oklahoma Bar Association panel disallows evidence for Gassaway

Journal Record, The (Oklahoma City), Oct 10, 2007 by Marie Price

Evidence about Oklahoma City attorney Mike Gassaway's law school and undergraduate records from two Oklahoma institutions will not be allowed in Gassaway's disciplinary hearing, a three-person panel of the Oklahoma Bar Association ruled Tuesday.

Gassaway challenged the subpoenas, which were sent to officials at the Oklahoma City University School of Law and the University of Central Oklahoma. He said he had not received copies of them and they were dated for Monday, when the panel was not convened, among other legal problems with them.

Panel Presiding Master John Gardner said that if Gassaway himself opens the door to such evidence later in the case, bar attorneys may also ask questions.

Gardner said trial regulations require that opposing parties be notified of any subpoenas.

OBA general counsel Dan Murdock said the problem was inadvertent, and that steps will be taken to ensure that it does not happen again.

Gassaway had also asked for copies of any records received by bar attorneys as a result of the subpoenas, which asked for certain documents.

However, bar association assistant general counsel Jana Hall said any records had already been returned, and she had not looked at them. She also said the subpoenas were intended to produce rebuttal witnesses.

Gassaway said he intends to file a bar complaint against whoever drafted the subpoenas.

The bar association has filed a 15-count complaint against Gassaway asking the Oklahoma Supreme Court to discipline him for violating rules of professional conduct.

The panel also heard testimony from R.D. Diener, who promotes gun shows and German cultural festivals in several states.

Diener's testimony related to an allegation that Gassaway had sex with a former employee of Diener's in exchange for Gassaway's legal representation in her divorce case and a DUI case.

The complaint alleges that the woman first sought Gassaway's assistance in 1997, but Diener testified that he did not introduce her to Gassaway until 1999, when the latter appeared at gun shows as a radio talk show host.

Diener, who acknowledged having an intimate relationship with Kim Quinton for seven years, said he paid several legal bills for her, including one from Gassaway regarding a hospital bill.

"She was constantly in trouble," Diener said.

In later questioning, Gassaway said he also represented her in a delinquent child support matter.

Diener said he did not pay Gassaway to represent her in her divorce case, but that Gassaway recommended another attorney for a DUI case involving Quinton.

Diener said Quinton told him she was having sex with a different attorney in return for one of her legal fees. He said she never told him she was having such a relationship with Gassaway.

Diener also acknowledged hiring Gassaway to represent him in a lawsuit against Quinton and a man who was convicted of attacking and robbing him in his home. The lawsuit resulted in a $500,000 judgment for Diener.

Diener said Quinton left him a few months after the home invasion, and that he only found out later that she was having an affair with his attacker.

Murdock said that Quinton has denied any involvement in the attack.

"Is she lying?" he asked.

"Yes," Diener replied.

Tuesday afternoon Canadian County bail bondsman Elisa LeFlore testified about her years as an assistant to Gassaway and other attorneys.

LeFlore said she worked for Gassaway both when he was an attorney and in the late 1990s, after he was released from prison, to which he was sentenced for a tax-law conviction when Gassaway operated a golf equipment business. She said that during these years Gassaway sometimes wrote briefs for other lawyers. She said she still occasionally does typing work for him as needed.

Gassaway's law license was restored in 2002.

LeFlore said that Gassaway did a lot of work for attorney Scott Adams.

One part of the bar complaint alleges that Gassaway improperly signed Adams' name to a letter to the bar association on paper that appeared to be Adams' letterhead.

LeFlore stated that Gassaway is not sufficiently computer savvy to create letterhead paper.

She also said she never knew Adams to be upset over any letters Gassaway sent out with Adams' name on them when Gassaway clerked for Adams.

When questioned further about Adams, LeFlore replied, "I've had Scott lie to me."

She added, however, that she believes he is in general a truthful person.

Adams later testified about stationery firms he has used to produce his firm's "Adams and Associates" letterhead.

Of Gassaway, Adams said, "He's a brilliant lawyer."

LeFlore also said she never knew of Gassaway meeting alone with a woman whose husband he was representing in a hearing regarding the man's dental license.

One of the bar association counts alleges that Gassaway pressured the woman to perform oral sex on him, putting her in fear of her husband's failing to regain his license.

Later, attorney Joe Reynolds said it is not true, as Quinton has stated that he and Gassaway were never partners. He did say that Gassaway referred Quinton's DUI case to him.