Leonardtown, MD — A suit by a former counselor alleging defamation of character and other charges against a Leonardtown attorney has been dismissed by a judge after a Sept. 16 hearing in St. Mary’s County Circuit Court. Karl Honkala filed suit on Feb. 4 of this year against attorney Kevin McDevitt (shown at left).
McDevitt represented Blanche Laungayan, who alleged that Honkala had sex with her on numerous occasions at his Mechanicsville office while he was counseling her as part of the Adult Drug Court program in St. Mary’s County.
Charges were brought against Honkala to the State Board of Professional Counselors and Therapists after Laungayan reported the alleged offenses to an agent of the Department of Parole and Probation. Honkala’s license was suspended by that board after an investigation. The suspension is still in effect according to that board’s website. A revocation is allegedly pending although it is believed Honkala is appealing that.
Honkala was never criminally charged because there is no state law dealing with counselor/client sex, although there has been a push every year for the last several in the legislature to make it a crime The state regulations for counselors, however, are clear on the subject: “A counselor may not engage in either consensual or forced sexual behavior with a client.”
The suit by Honkala focused on the following statement made exclusively by McDevitt to The Bay Net:
“Almost a year ago Karl Honkala began sexually exploiting Blanch Laungayan at his office in Mechanicsville where he was employed as her addictions counselor. He confessed to having sexual contact with her on his desk and his license was suspended by the State of Maryland.
“What are the appropriate charges for sexually exploiting a mentally ill client you are tasked with treating? You would think the Drug Court Prosecutor Joe Stanalonis would know the answer to this question since he also has extensive experience with sex offense cases. Apparently not!
“Blanche suffers from severe mental health and substance abuse issues. This is why the court and Blanche agreed that St. Mary’s County Adult Drug Court program would be appropriate.
“It is highly likely that Karl Honkala mislead the entire Drug Court Team about her treatment. We don’t know because the records are being withheld by the Drug Court Team. Blanche is now facing a violation of probation for stealing fishing supplies and other items from Walmart. She could go to prison.
“Blanche needs substance abuse counseling, mental health treatment and sexual abuse counseling. She has a bed available at Walden’s Inpatient Treatment Program at Northstar.
“According to Walden, she is appropriate for treatment. As a community we should want her to have an opportunity for success.”
McDevitt, through his attorney Philip Zuber of the Upper Marlboro law firm of Sasscer, Clagett & Bucher, filed a Motion for Summary Judgement, meaning the defense believed there was not enough evidence to support the suit and asking for it to be dropped before it ever got to trial.
Visiting Judge Sean Wallace from Prince George’s County, after going over arguments made by Zuber and Honkala’s attorney Alison Heurich, of the Waldorf law firm of Farmer & Pyles, was succinct in his opinion: “I don’t find anything false contained in the statements by Mr. McDevitt.”
The suspension issued by the state board included an investigation and interviews with Honkala and Laungayan and others. She testified in an interview that in November of 2013 she was unable to regularly pay her session fee and was told by Honkala: “You do me a favor. I’ll do you a favor.” When she asked what he meant, he allegedly responded, “I think you know what I mean” and looked down at his pants.
According to Laungayan, she performed oral sex on Honkala during approximately 10 to 12 sessions. She said that Honkala discussed personal issues with her instead of discussing her recovery, bought a boat from her father and asked that she move in with him. She expressed concern about the conduct to her parole agent.
In an interview with Honkala, the investigators were told by him that “he engaged in sexual intercourse with Laungayan on his desk in his office. Additionally, he admitted to having had ‘sexual acts’ with her five or six times in his office in the waiting area,” according to the order.
Honkala told the investigator that Laungayan initiated the sexual acts by exposing her bra and breasts to show him a tattoo on her left breast.” He called her “sexually aggressive” and explained his actions by saying he was “weak.”
Heurich further argued at the Sept. 16 hearing that Laungayan was the aggressor in the incident that led to them having sex. But Zuber argued that the nature of the counselor/patient relationship between Honkala and Laungayan put her in a vulnerable position. Zuber said that in a deposition for the suit that Honkala admitted he had sex with Laungayan. He said there was no question that Honkala had the superior position in the situation because of his “superior knowledge and training.” He said that allegation was confirmed by the board’s suspension of Honkala’s license.
Heurich also argued that the legal discovery in the case had not concluded, but under repeated questions by Judge Wallace she was not able to come up with any specifics, only the possibility that something else might occur, “Discovery is open. At this time discovery is ongoing. There are multiple avenues that we intend to pursue,” she said. But Zuber was emphatic that the discovery process was over.
Laungayan received a suspended sentence of almost four years for burglary and drug possession in February 2013 under the condition that she complete the Adult Drug Court program and obey all laws. While she was under probation and while she was still seeing Honkala she was charged and later convicted of shoplifting from two Walmart stores on the Eastern Shore
On March 13 of this year, St. Mary’s County Circuit Court Judge Michael Stamm re-imposed the suspended jail term of four years for violation of probation.
Meanwhile, Honkala has 30 days to appeal Judge Wallace’s decision to grant the motion for summary judgement in favor of McDevitt.
Contact Dick Myers at dick.myers@thebaynet.com