Former West Rowan principal's wife suing Mendiola over affair

Published 12:00 am Wednesday, December 2, 2009

By Holly Fesperman Lee

Salisbury Post

The wife of a former principal accused of sexual harassment has sued the woman who claims she was harassed.

In her own lawsuit, Judy Helms, the wife of former Principal Tony Helms, says former teacher Laurie Mendiola damaged the couple’s marriage and she wants damages.

Attorney James Hoffman Jr. of Salisbury filed the suit accusing Mendiola of alienation of affection and criminal conversation in September 2006.

Mendiola’s attorney filed for a time extension to answer the lawsuit and later filed a motion for summary judgment — to throw out Judy Helms’ suit — within the time limit.

But because Mendiola’s attorney didn’t file an answer, a judge had entered a default judgment, meaning Judy Helms could automatically win.

But B. Ervin Brown, Mendiola’s attorney, told Superior Court Judge Kimberly Taylor Tuesday that he made a mistake and thought a motion for summary judgment could be entered instead of an answer.

Taylor granted Brown’s motion to set aside the default judgment in Judy Helms’ favor and gave Brown permission to file an answer to her suit.

According to Judy Helms’ suit, “prior to the actions and interference of defendant, as set forth hereinafter, genuine love and affection existed between plaintiff and Tony Andrew Helms.”

Mendiola and Tony Helms first met when Mendiola’s daughter was enrolled at Knox Middle School, according to information in the complaint. Helms was principal at Knox during that time, according to the lawsuit.

During the summer of 2003, Mendiola “…wrongfully and maliciously began to pursue a course of studied and deliberate acts and attempts to alienate the affections of plaintiff’s husband from her and to injure plaintiff and deprive her of the company, consortium, society, assistance and services of her husband,” Judy Helms’ suit says.

The lawsuit accuses Mendiola of many actions to “willfully alienate” Tony Helms’ affections from his wife.

Some of the actions included in the lawsuit include:

* Mendiola met Tony Helms at an informational meeting for Rowan-Salisbury teachers and administrators at Catawba College. Mendiola grabbed Helms by the arm before the meeting and said, “He’s mine.” The two sat together during the program.

* Mendiola gave Helms a key to her apartment and later gave him a key to her house. Both residences are in Salisbury.

* Mendiola had sex with Helms several times at her apartment and later at her house.

* Judy Helms has had multiple heart attacks and was in danger of dying during the time of Mendiola’s affair with Helms. Mendiola and Helms discussed Judy Helms’ poor health several times during the affair.

* Mendiola and Helms discussed getting married if Judy Helms died. Mendiola repeatedly asked Helms to leave his wife, but he refused.

* Mendiola offered to contact persons who would be willing and able to murder Judy Helms so that Tony Helms would be free to marry Mendiola.

Judy Helms’ lawsuit asks for damages in excess of $10,000 for alienation of affection and damages in excess of $10,000 for criminal conversation.

In an answer to the lawsuit attached to Brown’s motion, Mendiola said Tony Helms has sworn under oath that the affair was non-consensual and she succumbed to his sexual advances only because he threatened her job.

Mendiola’s answer also says Helm’s lawsuit was filed in bad faith. Helms and her attorney, Hoffman, were aware that Tony Helms admitted liability for the affair, the answer says.

Tony Helms has engaged in extra-marital sexual affairs on several occasions prior to ever meeting Mendiola, according to the answer.

Judy Helms knew about these affairs at the time she filed the alienation of affection lawsuit and any prior love and affection that may have existed between Tony and Judy Helms was already destroyed before Helms and Mendiola met.

Contact Holly Lee at 704-797-7683 or hlee@salisburypost.com.