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

[poundnails]

1) A trial will ensue and Dave will be forced to testify. Under oath he'll name those he had relations with who were employed under his company. It will be humiliating for both Dave and the women he engaged in relations with while employed at WWP.

2) Through depositions Shargel will already have the list of names. If Dave slips up and doesn't confide honestly and completely regarding his "company conquests" he will move himself from potential costly civil circumstances to legal issues.

3) Shargel cannot claim that Dave murdered someone. If he is aiming at sexual harrassment and is comfortable in his analysis to the press; he's not landing jets here. Proving sexual harrasement isn't a science. He's assuredly got one of Dave's former indescretions to turn in order to make such a claim. If so, WWP or CBS will simply pay off the victim and Dave will go on his way.

4) Dave's real challenge is with the public. It doesn't matter that his audience is told to applause and laugh while he "creeps" out the rest of us. If his ratings fall below Conan, he's gone.

5) In retrospect, it explains his increasingly agitated monologues towards those who he felt infringed upon his loose ways: conservative republicans and most recently Sarah Palin. Louder the argument, weaker the case. Dave doth protest too much.

6) Advantage to the viewer: Stars are circling the wagon for Dave. Kiss rocked the show. How cool is that?

[Sera Brown]

This is a real soap opera. I believe that is is proper for the defendant's counsel to put on a media defense because Letterman has his show to spin and weave the story as he sees fit. If Shargel were not putting forth the other side in the media, we would only have heard Dave's side and there would be little to discuss here. I can't wait for the other details to come out. Regina seems to dance to Dave's tune ... so I doubt we'll be hearing from her now after decades of silence and loyalty. It did take five years after the birth of their son to have stunning courthouse wedding in hiking clothes.

[Seth]

Dave has sex with Halderman's girlfriend (who was ironically Dave's girlfriend for years before). Halderman is a silly, stupid wuss.
Halderman turned what could have easily been a slam dunk Letterman divorce (just get some photo evidence and send it off to the wife, sit back and let it all fall down) into a stupid blackmail attempt.
The final nail in all this is going to be when Stephanie Birkitt finally comes above ground. It's odd that she's gone undercover because obviously should this ever go to court she's going to be front and center for both sides lawyers to pick apart. That my friends will be UGLY.
Ultimately, it does not matter what Letterman did, all that matters is what Halderman did. And from the looks of it, what he did was just plain stupid.

[Brian C.]

Unless someone comes out and accuses Letterman of sexual harassment then no crime has taken place. If Halderman had these facts about Letterman and told him to pay him the money to keep quiet about it then Halderman has committed a crime of extortion. All in all, Halderman is screwed big time.