Myers, Thomas willing to be deposed by MCSD’s opposing lawyers in Montravious lawsuit

The same day the Muscogee County School Board had its annual training about proper conduct for a governing body, the board’s attorney informed its members that two members had volunteered to be subpoenaed by an attorney filing suit against the school board.

Board attorney Greg Ellington on Thursday forwarded to members an email from District 8 representative Frank Myers to the attorneys for Montravious Thomas and his mother, who in March filed a $25 million lawsuit against the Muscogee County School District and other defendants. The lawsuit alleges contracted behavioral specialist Bryant Mosley body-slammed Montravious, then 13, “no less than” five times while trying to discipline him Sept. 12 in the Edgewood Student Services Center. The lawsuit also alleges the injuries Montravious suffered during the confrontation resulted in his right leg being amputated below the knee Oct. 18.

In his email to Montravious’ attorneys, Renee Tucker and Forrest Johnson of the law firm Forrest B. Johnson & Associates, Myers wrote, “I have what I believe is very relevant information regarding that case. I believe the evidence I possess would be very important to the goal of seeing that justice is served upon everyone involved in this matter.”

Myers asked Montravious’ attorneys to “put me under subpoena and take my deposition regarding these issues in the very near future.”

Myers added, “I am also authorized to share with you that John Thomas would not object to being placed under subpoena for the same purpose.”

Thomas is the board’s District 2 representative. He and Myers have been outspoken critics of the MCSD administration since they joined the nine-member board after being elected to their four-year terms in 2014.

Thomas confirmed to the Ledger-Enquirer that Myers “had my permission to say that.”

Asked why he is willing to share such information, Thomas said, “If you feel that something’s been done that’s wrong, you shouldn’t keep quiet about it.”

Asked what’s been done wrong and by whom, Thomas said, “I think I’ll wait until I’m deposed before I make any comment on that.”

Thomas did, however, say he has “evidence or knowledge” about “perhaps some attempts to be less than forthcoming with the facts in the Montravious case.” He added, “For my part, I don’t have any agenda on a personal level. I just want to feel like if I feel something is wrong that I didn’t keep my mouth shut about it.”

In his email Thursday to the board, Ellington said, “I previously wrote to all Board members back on October 27, 2016 requesting that if Mr. Myers knew of facts or had any information relative to the incident involving Montravious Thomas, then I considered it his duty as a Board member to share such information with me as legal counsel for the District. He has not shared any information with me. He has instead, without any advance notice to MCSD legal counsel, unilaterally volunteered himself as a witness to the opposing counsel to offer up what he considers to be ‘relevant facts.’ ”

Ellington is with the law firm Hall Booth Smith PC. Phil Hartley, with the law firm Harben, Hartley & Hawkins LLP of Gainesville, Ga., is serving as co-counsel in this case. Ellington wrote that he and Hartley “will take appropriate steps to preserve privileged information concerning the Thomas matter, as that privilege belongs to the Board and District as a whole and cannot be waived by any individual board member.

“It is for the Board to consider what, if any, additional action to take in response to Mr. Myers’ conduct.”

Myers replied to Ellington in an email to his fellow board members. He accused Ellington of “misleading the board yet again by giving erroneous information and sharing legal opinions that he knows or should know are simply incorrect.”

Myers wrote, “Despite Mr. Ellington’s suggestion to the contrary, I am under NO DUTY, nor have I ever been under any duty, to provide information to Mr. Ellington regarding the Montravious Thomas debacle.”

Myers claims he and Thomas have “much damning information, including what I consider to be unethical and likely illegal conduct of lawyers representing this board in the aftermath of Montravious’ injury. Mr. Ellington very much wants to keep a lid on this information, for obvious reasons.”

Myers also alleged,”Mr. Ellington is well aware of many salient facts I possess, and he also played a part in orchestrating the delay in advising the board this event of Montravious being injured had even occurred. And don’t forget the lawyers seriously misled the board as to the extent of Montravious’ injuries when we were finally briefed in Executive Session."

Myers, who is a lawyer, asserted, “If there is underlying fraud and/or criminal activity involved — as I believe is the case here — NO privilege would apply, and certainly not the attorney-client privilege Mr. Ellington seeks to invoke to protect his own self interests, fellow lawyers and the interests of the Superintendent.”

Myers declared, “I not only took an oath as a school board member, but also as a lawyer. I have a DUTY to report wrongdoing and/or criminal activity. And that is what is going to happen, one way or the other.”

Then he concluded that he expects MCSD superintendent David Lewis and the district’s lawyers “to spend countless tax dollars in their attempts to muzzle me. I can promise you with 100 percent certainty their attempts will fail. I will be heard.”

Ellington told the Ledger-Enquirer in an email Thursday evening, “Mr. Myers’ memo continues a pattern of troubling statements and behavior. The claims made in his memo are false, baseless and completely without merit.”

Lewis told the L-E in an email Thursday evening, “The assertions and allegations contained in Mr. Myers’ email are baseless and patently false.”

Asked for her reaction to Myers’ email, board chairwoman Pat Hugley Green of District 1 told the L-E, “I think it’s incredible. Our state statute and code of ethics speaks for itself.”

Asked what action, if any, the board would take against Myers and Thomas if they follow through with their offer, Hugley said, “I don’t know. I’ll have to ask the board and see.”

The L-E didn’t reach Tucker for comment.

This story was originally published June 22, 2017 at 9:09 PM with the headline "Myers, Thomas willing to be deposed by MCSD’s opposing lawyers in Montravious lawsuit."