Halderman's lawyer says he has evidence that David Letterman committed sexual harassment

Gerald Shargel, a veteran criminal defense attorney who is representing the CBS producer accused of trying to blackmail David Letterman, confirmed in an interview today that he plans to argue that the late-night host committed sexual harassment if the case goes to trial.

“I have evidence of it and I intend to share that in a courtroom,” said Shargel, who is representing “48 Hours Mystery” producer Robert Joel Halderman, who prosecutors say demanded $2 million from Letterman to keep quiet about relationships the comic had with female staffers. “I think it’s relevant because it’s actually part of the evidence that I think the district attorney will be admitting at the trial.”

The line of defense was first reported by the New York Times.

Shargel said he has not yet received any discovery from the Manhattan District Attorney’s Office. “I’m doing my own independent investigation,” he said.

A spokesman for Letterman declined to comment. A spokeswoman from the district attorney's office also declined to comment. 

Shargel would not say whether the evidence he has relates to Stephanie Birkitt, a longtime assistant to the comic. But the lawyer said that it’s “absolutely clear” that Birkitt -- who until recently was sharing a Connecticut home with Halderman -- had a relationship with Letterman.

Birkitt, 34, got her start on the “Late Show” as an intern in 1996 and went on to work as Letterman’s assistant after a stint at “48 Hours.” She is still with the show, according to a spokesman for Worldwide Pants, Letterman’s production company, who declined to specify her current role.

Shargel admitted that arguing that Letterman committed sexual harassment could bolster the prosecution’s case that Halderman had embarrassing information that the late-night host would have wanted to keep secret. But he said it also would support his defense.

“This is all about what Mr. Halderman’s intent was, and I think this has some relevance to his state of mind,” he said. “It’s part of a larger story that I’m not going to get into now.”

It remains to be seen whether a judge would allow Shargel to introduce such evidence. Jeremy Saland, a criminal defense attorney and former Manhattan assistant district attorney, said the issue was potentially relevant, but only if the defense could establish that Halderman was seeking the money on behalf of a victim of sexual  harassment and not for his own gain. “A Manhattan Supreme Court judge will certainly distinguish between an attempt to dirty up Mr. Letterman by accusations of harassment and an attempt to establish the harassment as a basis for a valid legal defense,” Saland said.

Shargel maintains that while Halderman deposited a $2-million check from Letterman, he did not have criminal intent and is innocent of extortion. “I’m not a big fan of trying cases in the public, but I’m dealing with a situation with someone who has an unusual degree of access to the public,” Shargel said of Letterman. “He made a decision to get out ahead of the story, he made a decision to put a certain spin on the facts. All I wanted to do is get out there on behalf of my client and say, don’t rush to judgment.”

-- Matea Gold

Comments

[Sam]

This lawyer needs to stop being a blowhard. His job is to look outrt fir his client;s best interest not get on TV and in the papers.

Even if the Letterman is a sexual harrasser defense was a good one in terms of being a way to, shall we say intimidate Letterman into agreeing to light or no punishment, going on TV and saying heis now obviously removes any incentive Letterman would have to request the prosecution resolve the case relatively painlessly for the defendant.

Once you've been publicly accused of harassment the loss from being accused of being a a harrasser again at a trial is significantly lessened.

In fact, A SMART LAWYER MIGHT CONSIDER WHETHER HIS GOING ON THE OFFENSIVE NOW WOULD SIMPLY SERVE TO MAKE BOTH lETTERMAN AND THE PROSECUTION ALL THE MORE opposed to a favorable deal.

On the other hand it might be karma this defendant got this lawyer.

[Gene Douglas]

So now they're blackmailing him all over again. Do they think Letterman will ask the DA to just drop it?

Or do they think juries are stupid enough to be persuaded to think "he asked for it," or "he had it coming?" Blame the victim, and maybe they'll sympathize with the perpetrator.

Well, maybe they're right.

[Geo]

So if Halderman believed Letterman was sexually harassing women he should have
1, spoken to DL as a man to man & tell him it was Wrong behavior.
2, helped the women to get out from under the harassment & maybe found them an attorney to help them.
Or 3, made a complaint to CBS
Or 4, filed a complaint with the DA.
but he chooses Blackmail & accepts a [fake] $2,000,000 check??*~* Hhmmmmmm
Unless Halderman tried 1,2,3,4, &r Blackmailing to help out his girlfriend seems kinda WEAK!

[JenAz]

Halderman didn't have criminal intent, but he tried to cash a check? Good luck with that defense, buddy. The fact is, if you ask for payment to remain silent about an embarassing matter that could potentially harm another person's livelyhood, you're extorting money. That's a crime and that's all there is to it. I only hope the jury isn't as stupid as Halderman and his attorney would like to believe. As for Letterman, he's gonna ride his own bull to market; and it'll last more than 8 seconds.

[GH]

If this is the case it needs to be prosecuted by the women involved and not as an excuse for blackmail, this type of hypocritical approach by the defence lawyer is a worry. Is this purportedly a crime committed altruistically? Maybe he should be further charged for not reporting this to CBS authorities???? Sounds a lot like this lawyer’s public announcement is ANOTHER form of attempted blackmail.

[andy180]

I think it was wrong for David Letterman to say anything about this case on his own show. He has the advantage of having a public forum to state this case as he wishes....every night!!!! There are two sides to every story. He presented his own side that was it. I'm sorry to say that in all the years of his pompous and patronizing humor.... he is finally getting his. He has had the gall to take Presidents and other famous people to task based on their sexual indisgressions and all the while he's having 'creepy' sex with his female staffers. He has some serious issues. Letterman has the forum to meet celebrities and all manner of worldly intelligent people... and he has yet to move beyond his own secretarial pool to develop personal relationships... that speaks eons about his social maturity.

[Mark]

I'm confused. What does whatever David Letterman did to his staff have to do with what Halderman did to Letterman?

Is this lawyer suggesting that if Letterman committed crimes in his lustful pursuits, then this would make Halderman innocent?

Sounds to me like Letterman is still being blackmailed. Now by Halderman's lawyer.

[jennifer]

Since when does sexual harassment constitute a defense to blackmail and extortion? I assume it's true; it doesn't entitle the guy to get paid for his silence.

[Harry]

The "blame the victim" defense. How original.

[indignant]

Plus, wouldnt it make sense that if she really was being sexually harrassed that she would go after him or (even deeper pockets) CBS themselves to try and cash in on this? It can also be a case of her trying to flip an embarrassing trist to make it look like she had gone begrudgingly or was persuaded to against her will after it came out. Take all that away and please correct me if I'm wrong, but even if he was sexually harrassing her and this Halderman guy goes to Dave and accepts the $2 mil -- Isnt that still textbook extortion?!?

[sam]

letterman is a sick old man and not to mention hypocrite.

[Mae]

"[Letterman's former lover Stephanie Birkitt] is still with the show, according to a spokesman for Worldwide Pants, Letterman’s production company, who declined to specify her current role."

Wonder if his wife is OK with this...

[ann]

Doea this attorney really think that alleged sexual harassment excuses his client of blackmail? That's like saying that calling someone a name excuses them murdering you. Amazing---there are degrees of crimes and blackmail rates a lot higher than possible sexual harassment.

[Qua]

What's the difference between Roman Polanksi and David Letterman?

Their initials.

[Sarah]

Isn't this mafia lawyer publicly blackmailing Letterman right now? I don't believe there is a judge out there who won't see through this shyster's tactics.

[schmoopsy]

This lawyer is an idiot. Everything he says sounds like the same thing that got his client arrested in the first place. Oooh I wonder what it could be! I think it's that Dave still smokes cigars and that he's really well endowed. And Halderman is complaining that Dave sexually harassed him, not Stephanie, by being so much better in bed, despite the fact that he has bad breath. It made Stephanie dump him, and now he's out of his mind, which you could totally blame Dave for. Because he's rich, and no one ever pictured him having it off before now!

[PRIVATE INVESTIGATOR]

AS THE SAYING GOES:

NOTHING HIDDEN CANNOT BE REVEALED - TRUTH WILL COME OUT.

DAVID LETTERMEN HAS A GREAT PLAN AND AN ULTERIOR MOTIVE TO EXPOSE THE BLACKMAIL SCENARIO AHEAD OF TIME SO NOT GET OFF GUARD.

FOR SURE THIS EXPOSE IS NOT THE REAL THING WHAT HAPPENED BETWEEN DAVID LETTERMAN AND HIS ASSISTANT.

SOMETHING WILL COMEOUT OF THIS AND EVERYONE WILL BE JUST SHOCK.

[Jim C.]

Jennifer,I'm with you,Letterman should hire that Brooklyn lawyer Baron on this,that guys a bull and would not let the crimnal accused become Mother Teresa.Its a shame when you're a victim you still get attacked.

[Gerry Howell]

letterman is a self admitted GOOF and I wouldn't give his troubles to a 'monkey on a rock'.I hope he get's what he deserves!

[Gerry Howell]

Halderman is the good guy!