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

[Jessica]

What a crock!! If Mr. Letterman was indeed sexually harassing women in the workplace, there are several LEGAL avenues to explore, including filing a complaint with CBS and the District Attorney. Also, if Mr. Halderman were in fact seeking monies on behalf of a so-called victim, why would he personally deposit the money in his OWN bank account and not that of the victim? Furthermore, Mr. Halderman and the s0-called victim he was acting on behalf of, could have gone through the proper legal channels to obtain compensation, rather than resorting to extortion. Finally, while Mr. Letterman may or may not be guilty of sexual harassment, it does not diminsh the fact that Mr. Halderman extorted money. If it did, it wouldn't be a LOGICAL FALLACY!! Sorry but this is just a guilty man's attempt to circumvent justice for a crime he so obviously and foolishly commited.

[AJ]

I find it so ironic that everyone believes Letterman immediately. Think for a moment. Your wife is being sexually harassed by Letterman and wants it to stop. The husband confronts Letterman that if he doesn't leave her alone and pay a fine for her silence, he'll go public. Letterman contacts his attorneys, they create the story that he was blackmailing him and viola...extortion. Why would Letterman contact his attorneys before the DA; to make up a story. By the way, stars pay out huge for sexual harassment every day...it's just not in the papers because they pay on the down low. I'm going to wait to hear this play out before I decide. This is just a "what if" idea.

[GaryK]

Hey Private Investigator; While you're searching for your crazy theory, see if you can find the damn CAPS LOCK key on your keyboard.If you can find it,push it once. Then you won't be YELLING at people any more!

[john mckiel]

A guy has a story,he approaches another guy,to whom the story is relevant,and says "give me 2 mill for it or I go public".How is that extortion?You pay for silence or ya takes your chances.

[Marie E Beyer]

You have to have standing to file a claim in court which Halderman does not have. This jerk was not married to Stephanie. She had not complained. He was extorting money because he was desperate and angry that Stephanie had been having an affair with Dave. No rape or drugs were involved. Two consenting adults. This jerk is grasping at straws now. He brought himself down and killed his own career. Dave, the victim, has been unfairly cast as the perpetrator. He did the right thing by getting in front of the story before the ratings desperate talking heads started smearing him.

Most lawyers are pond-sucking scum. I know that from experience.

[Dave's desk]

Love the men crying on this board about the victim getting blamed.

Welcome to a woman's world.

There's no way a woman sexually harassed by Letterman, or any other staff member who felt discriminated, would've filed a sexual harassment lawsuit. It would've been "blame the whore" and sympathy with the entertainer. The woman would've risked being blacklisted in Hollywood while Letterman continued unscathed. This would've been especially intimidating to a young woman and this may be one reason why Letterman preyed on the most vulnerable women

As a comment above said: "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. "

It will probably be easier for any future victims now that so much light has been shined on this issue, and so much back history has come out. But it hasn't been quite as simple as running and collecting millions from CBS thus far, so stop perpetuating that fallacy.

[paul]

I think for sake of the former girlfriends, DL and his family (he has wife and son now) we need to let this one go. Yes, move on. If your father, mother, brother, sister, son, daughter was involved, you would want everyone to just move on.... Troops are dying, children are starving, bombs are going off in public places, and yes people are having sex in and out of marriage.... Let just move on to the bigger issues of the day. The criminal justice system as best it can will sort all this out for the victims (there are many) and the defendant.

[MW]

Did Birkitt tell Letterman to stop 'harassing' her? Did she report the 'harassment' to HR or upper management? I doubt it. This claim has no merit.

[smo]

Dave, Sara Palin just called. She was wondering if you had sex with Alex Rodriguez lately too!

[Mediaman]

Welcome, everybody, to the world of public figures.
I have faith that the US judicial system can sense red herrings.
Meanwhile, at least this episode has shifted the media spotlight from Michael Jackson. It's been, maybe, 15 minutes since I've heard anything about him. If for no other reason, we all owe our thanks to the reckless participants in the Letterman saga for giving us a break from Jackson trivia.
BTW, I won't be watching Letterman any more. How disappointing for everybody concerned.

[Genius switch off]

DL is a self-confessed "creep" who has engaged in heinous sexual harassment and abuse of power and CBS practically threw him a standing ovation on last night's show.

[Barnacle Bob]

Dave's done. Shargel will indirectly inflict the damage to Dave that Halderman couldn't.

[BobbyG]

Ahhh...the "tu quoque" defense. Extortion - sexual harrassment = 0.

That is some weak [bleep], counselor.

[K]

It's sexual harassment even if Stephanie Birkett had a consensual relationship with Letterman. Because if you're sleeping with the boss you're either going to get special (good) treatment because you're having an intimate relationship or the boss is going to single you out for punishment because you're having an intimate relationship. It's confusing because Worldwide Pants is owned by Letterman and the argument is that Letterman is employed by Worldwide Pants and not CBS. It's also confusing because as someone else pointed out, the head of CBS, Les Moonves, in the nineties, left his wife for a woman who worked for him. But none of this mitigates the extortion threat that this man gave against Letterman.

[mombo]

this is getting weirder. i think it's creepy what dave's doing -how he's making jokes about it on his show. "yeah, my wife is home crying her eyes out!" hardy-har-har! i think we're seeing a man on the verge of something -maybe another heart attack. i ain't laughing at all. very, very strange.

[Jay Adler Comment]

I could be wrong, but I recall reading that the defendant is presenting as a first offender. He also may have something when his attorney may allude to the quasi Depression that we are experiencing and the abject psychological despair the gentleman endured as one of the millions of Americans who cannot keep up. I was born and raised in New York City, exiting with my wife to a suburban-rural village only because we inherited her father's house free and clear. My dad was a high profile criminal lawyer. I can tell you that New York is compassionate to people who lose it and become first offenders in the criminal justice system as long as the crime is not heinous. I would hate to see Dave tossed because of some he said she said case and this defendant coping a plea which at least would spare a trial. I do not like Dave that much but I watch him every night. He is a brilliant and a creative wit. I have heard accounts that only describe consensual sex and having spent my late teens in the Haight, I will give Dave a pass if that is the way it shakes out. Keep him if possible,we are running short on his type of talent.

[JB]

This lawyer is a slime.
The issue is EXTORTION by your client, stupid!
Possible sexual harassment by DL is NOT the issue!
This lawyer keeps making cryptic comments that "he's not going to get into right now".
This guy is an idiot.
His client is going down - period!
Hello! Halderman is on tape accepting a $2 million check!
Over, done, and out!

[julie]

Letterman didn't pay the two million. Where is Halderman going to get the money to pay the lawyer? If he's so desperate that he needed two million to cover bills, why would he be committing it to a lawyer? Twisted. And what publisher is going to pay Halderman or Shargel for a book about this, or why else is he still pursuing it? For a book? A movie? Kicks? Shargel needs publicity? Halderman is already in hot water -- charges against him for embezzlement in an open-and-shut case -- and they're still nipping at Letterman's heels? This is stupid and Shargel should just STOP now.

[Brad Henschel, JD]

Intent in extortion is limited to intending to obtain money by means of a threat to expose a secret or to obtain money with threats, even if the money is owed, as a collection device. This article shows that Attorneys who are civil or criminal don't really understand the elements that make up a charge of criminal extortion, more commonly referred to as "Blackmail". When the threat was made the crime was complete. It matters not why Halderman made the threat.
In fact Halderman's attorney is carrying out the threat to expose David Letterman. Relevant evidence in this case pertains to the crime. Since the prosecution has to show that a threat to expose secrets was made it doesn't have to show what those secrets were to get a conviction. IF Halderman's Attorney proves what the secrets were he will only hurt Halderman's case and insure Halderman will be convicted. Evidence codes across the states make prejudicial evidence inadmissible. David Letterman's actions do not justify the crime of extortion by Halderman. Moreover, Halderman's Attorney has ethical duties to his client and the courts, which most likely be breached if he provides evidence that there was a basis to extort money from David Letterman. It's a magicians defense to distract attention away from the elements of the case to the prejudicial and sensational facts of the case, so you don't see the magician escaping from the bottom of his defensive box. I would be amazed if the court allows Halderman's attorney to present such a defense and not report him to the Bar for carrying out the very extortionist threat made by his client. Am I the only one who sees that the attorney is now threatening to carrying out the threat made by his client, to make the secrets of David Letterman out in a public forum?
Still the Elephant in the room is teh question, Why didn't Halderman's girlfriend sue Letterman for sexual harassment? The Statute of Limitations is over for that case now, why did she wait? Can it be that she didn't have a case? Juries have been telling Plaintiffs in such case to just say no. Having sex with the boss has been a traditional way women have manipulated men to advance in the workplace. Nurses having sex with their married doctors is commonplace. BEH

[MikeH]

Maybe I'm crazy, but it seems to me the more damaging the info Halderman had on Letterman the more likely it is he WAS trying to blackmail him. Of course his lawyer is going to say whatever he can to try to make his client look better, and Letterman look bad.

If any of these women really wanted to persue a sexual harassment case don't you think they would have? I'm sure CBS/Worldwide Pants/Letterman would have paid a great deal to just settle anything out of court.