Last week’s allegations that a candidate for Boone County Sheriff had an affair with a subordinate — then lied about it under oath — originated from court documents a judge sealed from public view three years ago.
Affidavits submitted to county prosecutors by Columbia attorney Dennis Murphy allege that candidate Dwayne Carey, committed perjury in 1999 to hide an affair in 1996 and 1997 with former deputy Edith Homan.
Circuit Judge Ellen Roper dismissed the case — a gender discrimination suit brought by Homan against the sheriff’s department — in July 2001. She also issued an order that prohibits those involved in the litigation from discussing the case, said Lawrence Ferguson, the lawyer who represented Homan in the suit.
Ferguson said determining whether the last week’s allegations of an affair violated Roper’s order would be up to the judge.
“The confidentiality order is an order of the court, so when someone violates a court order, they subject themselves to contempt of court,” Ferguson said. “That means if a judge finds that his or her order has been violated the judge has the power to enforce their order and take appropriate action against the person violating their order.”
Roper’s office declined to comment when contacted Friday.
In the affidavits, Murphy states he had a meeting with Boone County Sheriff Ted Boehm and another detective, where the rumors of the affair were discussed.
“At the meeting, Sheriff Boehm indicated that he (Boehm) had been personally present during the deposition of Dwayne Carey and that he had heard Dwayne Carey state, under oath, that he had not had any sexual relations or extra-martial affairs with Edith Homan,” Murphy said.
Boehm said not only did he not discuss the affair, but no meeting took place.
“Sheriff Boehm, although he may not remember it, has already disclosed what Carey said at the deposition,” Murphy said.
Murphy’s affidavits state Carey told sheriff’s deputies he was concerned that the deposition testimony he gave for the discrimination suit would require him to disclose the alleged affair with Homan.
Carey said he has heard the rumors regarding Homan, but no affair took place. He dismissed the perjury allegations as a political tactic employed by his opponents a few weeks shy of the Democratic primary.
“I don’t think that I have to defend anything because I think people are smart enough to know that this is nothing but a political ploy,” said Carey, who is a captain in the sheriff’s department.
Murphy, who said he is a friend and supporter of Democratic candidate for sheriff Ken Kreigh, said political loyalty played no part in his decision to come forward with the information.
Murphy said the timing of the filing had nothing to do with the end of the campaign.
“All of the pieces of the puzzle really started to come together toward the end,” Murphy said.
Ferguson, who donated to the Kreigh campaign in October, declined to make a statement about specifics of the case.
Kreigh resigned from his post at the sheriff’s department in January following an internal investigation of a drug bust. In a news conference announcing his resignation, Kreigh said Carey also should have been investigated and was receiving political favoritism from Boehm.
Thus far, Carey has not been investigated in connection to the Kreigh case or for the alleged perjury in relation to Homan’s suit.
“Apparently people didn’t think there was a problem with my testimony then, but now that we’re two and a half weeks away from the election it’s now an issue,” Carey said.
Carey, who joined the department in 1989, recently received Boehm’s endorsement and has raised more than $50,000 for his campaign.
Boehm said he had not seen any of the documents filed to Crane’s office,
“I think that this is politics at its worst,” Boehm said.
The documents state Carey alerted Boehm of the affair prior to Homan’s suit, but Boehm denied any knowledge of the alleged actions.
As the accusations surface, Carey’s political rivals are calling for an investigation into Homan’s allegations.
“There’s some pretty solid probable cause that a felony crime of perjury occurred, and it hasn’t been investigated,” Kreigh said.
Maj. O.J. Stone, the third Democrat on the ticket, said he would have to see the allegations before he could form any opinion.
“I’d have to see those affidavits and kind of go from there,” Stone said. “I can only say that when accusations are made of a negative nature, we always have to look at those, and I would say that we will do the same on these if we receive a complaint to be looked into.”
Boehm said he will follow standard procedure with the matter.
“I am going to do what I’ve always done in the past,” Boehm said. “This was given to me by the prosecutors office to look into, and I will.”