Daniel Powell 7:02 p.m., Aug. 31
No known witnesses yet in Jackson lawsuit, says Filner's lawyer
Filner denies her accusations, which lawyer says are unverified
In his thus far unsuccessful attempt to have the City pay for defense of the suit against Mayor Robert Filner, his attorney Harvey Berger has made some interesting points. Berger wrote a letter to City Attorney Jan Goldsmith dated July 29. He wrote that Filner never received sexual harassment training from the City, as required by law, and in fact never received such training in his decades in Congress. Berger mentions that McCormack Jackson filed an unverified lawsuit, not a verified one. That is, McCormack Jackson did not sign the complaint. Her lawyer did. Thus, allegations could change. "I am currently not aware of any witnesses supporting the plaintiff's specific allegations," said Berger, noting that Filner denies them.
Berger noted that alleged activities related by women who have come forward following McCormack Jackson's complaint "were committed years ago, not while Mayor Filner was in his present role, and such claims would be barred by the statute of limitations...It is highly unlikely that any of these witnesses will be allowed to testify to such remote and alleged incidents in this pending lawsuit." He also noted that "many of the alleged statements and behaviors are not even employment related, and therefore not legally sexual harassment."
The letter didn't mention a possible change of venue. Discussing that is probably premature. But it is hard to see how this case could be heard locally in the current San Diego climate.
More like this:
- Filner accuser McCormack Jackson to get $250K — Feb. 10, 2014
- Former Filner staffer asks for $1.48 million in damages — Nov. 22, 2013
- City Attorney's Office responds to sexual harassment lawsuit on Filner's behalf — Sept. 11, 2013
- A closer look at Filner's accusers — July 28, 2013
- Questions about McCormack Jackson suit — July 22, 2013