May 9, 2024 By Mike Jones 6 min read

Surveillance video from inside the Washington County jail appears to show attorney Kimberly Furmanek kissing an inmate who was her client during a November 2021 visit with him at the facility, according to evidence presented at a state Disciplinary Board hearing to review her law license.

Maj. David Coddington, who handles security for the county jail, testified Wednesday during the disciplinary proceeding in Pittsburgh about Furmanek’s apparent romantic relationship she had with inmate John Lazear, noting that her behavior violated jail policies and procedures.

“Based on the video, the two individuals embraced and kissed at that point,” Coddington said.

The 30-second surveillance video played for the board showed Furmanek and Lazear appearing to hug each other and then pushing their faces together for a few moments before she exited the meeting room. The video is focused on a hallway inside the intake area of the jail, but Furmanek and Lazear can be seen embracing through a window in the door leading to a meeting room.

Coddington said the “contact visit” meeting room is meant for attorneys and other professionals to speak with inmates in a private setting to allow for candid conversations. However, the visitors are not permitted to touch the inmates during those meetings.

“When we have contact visits between attorneys or professional visitors, a contact visit just means you’re in the same room with the individual,” Coddington said. “There’s no contact to be had. And then a kiss? It violates a lot of things we have in place, even more so that it comes from an attorney. But as far as the visit, there is no contact, and kissing is strictly prohibited.”

Coddington testified that they began reviewing phone calls and videos of Furmanek’s interactions with Lazear after noticing several inmates testing positive for illicit drugs, including Lazear. Coddington said they found jail phone conversations between Lazear and Furmanek, who used pseudonyms, beginning in July 2021, which led them to review other calls and eventually the surveillance video showing the two touching.

That surveillance video from the Nov. 18, 2021, visit is part of an overall review of Furmanek’s behavior and professional conduct that could lead to her disbarment or other sanctions by the state Disciplinary Board.

Furmanek served as Lazear’s defense attorney on multiple drug cases he was facing until Washington County Court of Common Pleas Judge Valarie Costanzo appointed a new attorney in December 2021.

Furmanek and Lazear were charged in June 2022 after they were accused of conspiring to commit wiretapping against Lazear’s new defense attorney, James Jeffries, the previous month. Investigators said Furmanek allowed Lazear to eavesdrop on a conversation she was having with Jeffries on May 6, 2022, when she used two cellphones – one to call Lazear in the jail and the other to speak with Jeffries – and placed the phones next to each other. Since Lazear’s phone line was being recorded by the jail as is the policy for inmate calls, Jeffries didn’t know his conversation with Furmanek was taped, leading to the wiretapping charges.

Lazear eventually pleaded guilty to making threats against Jeffries and his secretary during a different phone call, while Furmanek pleaded guilty in August to two misdemeanor counts of disorderly conduct and was sentenced to 12 months on probation. Jeffries testified during Wednesday’s hearing that he was unaware of the plea deal until he read about it in the Observer-Reporter newspaper.

Jeffries said he always had a good working relationship with Furmanek, so he felt “betrayed” by her decision to put Lazear on the other line without his knowledge.

“I respected her as a lawyer, and she was my friend,” Jeffries testified.

The Office of Disciplinary Counsel filed the petition against Furmanek on Nov. 2, alleging misconduct in her performance as an attorney.

The petition accuses Furmanek, 36, of Richhill Township, of engaging in a “romantic relationship” with Lazear while he was an inmate at the jail, and using her position as an attorney to have unsupervised access with him. Immediately following the November 2021 visit in which the video showed the two hugging and kissing, Lazear tested positive for suboxone, according to the petition. Coddington told the Office of Disciplinary Counsel that he and Deputy Warden Chris Cain met with Furmanek four days later to discuss the situation, and she appeared “drowsy and slow in gathering her thoughts” as though she was under the influence of drugs or alcohol, the petition states.

Washington County Court Administrator Patrick Grimm met with Furmanek on Dec. 3, 2021, to discuss her performance and alleged relationship with Lazear.

Grimm testified during Wednesday’s hearing that her alleged conduct was similar to Furmanek’s past behavior, in which she was accused of sending a “topless” photo to another client in 2020. That prompted a suspension and required her to report the incident to the Disciplinary Board, while Grimm also told her it was the “last chance” for her as conflict counsel.

“I think the rules of professional conduct prohibit (an attorney) from having a relationship with a client,” Grimm said.

During the meeting, Grimm said Furmanek appeared to be “glassy eyed” and seemed to be under the influence. He asked her to undergo drug testing, which she agreed to do but failed to complete, leading to her termination as conflict counsel in Washington County the following week.

“I asked her to take one and she said, ‘Yes.'” Grimm testified to the interaction, indicating that Furmanek intended to take the drug test.

In her response to the petition, Furmanek admitted that Lazear kissed her in the “contact visits” meeting room, but she denied there was an ongoing relationship between the two. Furmanek also denied that she was under the influence of drugs and alcohol during the two meetings with the jail officials and Grimm. In her response, she also claimed that she did not undergo the drug screening at Grimm’s request due to the length of time it would take, along with a scheduling conflict with her child’s day care.

After her termination as conflict counsel, the petition claims Furmanek continued communicating with Lazear using pseudonyms and even attempting to send “provocative” photos until the pair was charged in June 2022.

Near the end of Wednesday’s proceeding, Jeffries and Furmanek had a light-hearted interaction in which she seemed to ask for forgiveness for her actions during the three-way phone call.

“I’m sorry you felt that way. I didn’t mean to deceive you,” Furmanek said, while appearing to become emotional.

“Kim, I’ve already forgiven you,” Jeffries responded.

The two-day hearing before the three-person disciplinary panel is being broadcast online on the agency’s YouTube page. Furmanek, who was admitted to the bar as an attorney in November 2014, could be seen in the live-stream video Wednesday representing herself in the proceedings and cross-examining witnesses. She is expected to testify today.

Furmanek continues to practice law, and represented a Dunkard Township man during a jury trial in Greene County last month in which the defendant was acquitted of stabbing his girlfriend.