Letterman Extortion Suspect: Drop the Case

Joe Halderman, Accused of Blackmailing David Letterman, Asks NYC Court to Drop Charges Against Him

(CBS/ AP)  A TV news producer accused of blackmailing David Letterman in exchange for keeping quiet about his sexual affairs was only trying to sell the late-night comic a screenplay, a defense lawyer said Tuesday.

Robert J. "Joe" Halderman's lawyer asked a judge to toss the attempted first-degree grand larceny case, saying the producer did nothing illegal in slipping Letterman documents alluding to the "Late Show" host's dalliances and taking a $2 million check from Letterman's lawyer.

"There was no extortion. There was a screenplay for sale," the lawyer, Gerald Shargel, said outside court. "There was a commercial transaction. Nothing more."

But a lawyer for Letterman said the exchange was a shakedown, not a sale.

"It's classic blackmail, no matter how Mr. Halderman's lawyer wants to dress it up," Daniel J. Horwitz said outside court.

Halderman reportedly raised $100,000 for his legal expenses and is trying to raise more, reports CBS News correspondent Kelly Wallace.

In papers filed Tuesday, Shargel argued that the indictment against Halderman should be dismissed because his conduct wasn't a crime, among other claims. Assistant District Attorney Judy Salwen said she was confident a judge would find the indictment was on solid legal ground.

Read Halderman's Motion to Dismiss

"The sensationalism surrounding this indictment, fueled by the celebrity of the purported victim and the deference paid to that celebrity by the District Attorney's Office, has swallowed the only pertinent issue now before the Court: Were the facts and legal instructions put before the grand jury sufficient to support the charge of extortion?" the motion's preliminary statement reads.

The defense also argued that Halderman did not believe his conduct was unlawful.

"Halderman created a substantial, legally binding paper trail of his actions, with multiple copies of each document held by both parties," the motion reads.

State Supreme Court Justice Charles Solomon is expected to rule in January. Horwitz said Letterman is prepared to testify if the case goes to trial.

Halderman acknowledges getting a package into Letterman's car on Sept. 9 that included the supposed screenplay "treatment" - or synopsis - and some "source material."

Authorities say the materials included a letter saying Halderman needed to make "a large chunk of money" and a claim that the screenplay would depict how Letterman's world would "collapse around him" when information about his private life was disclosed. Photos, personal correspondence and portions of a diary also were enclosed, authorities said.

The diary entries were allegedly written by Halderman's former girlfriend and outlined her affair with Letterman.

Authorities then taped two conversations between Letterman's lawyer and Halderman - including an exchange in which the lawyer gave Halderman a phony $2 million check after he demanded it as hush money, the Manhattan district attorney's office said. Halderman was arrested after depositing it.

"If indeed the conversations between Halderman and Letterman's attorneys are on videotape it will be very easy to get to the bottom of it and figure out whether there was entrapment or whether this was an extortionist demand," CBS News legal analyst Lisa Bloom said.

The day before prosecutors unveiled the case last month, Letterman divulged it on his show, acknowledging he had had sex with women who worked for him.

Shargel's court filing said Halderman simply realized he had "a valuable subject for a book or a movie" and sold it to Letterman, threatening to do nothing more than sell it elsewhere if the TV host rejected it.

"I have no plans to do anything other than either sell you this option - this screenplay - to you and therefore you own the story. Or if you don't and you're not interested, as I've said, then that's fine, and I will proceed, and I will do what I want to do, which is what I've been thinking about doing, anyway - which is writing a book," Halderman told Letterman's lawyer in one of the taped exchanges, according to the filing.

Letterman's lawyer said criminal charges would follow if Halderman released the information himself, the filing said. Halderman, it said, responded: "I don't agree with your position on that."

The filing says Halderman had evidence that "Letterman had created and fostered an environment of workplace sexual misconduct" that amounted to sexual harassment - a question that has become an issue since the comic's disclosure of his office affairs. Shargel declined to describe what Halderman had found; his court filing noted only that Letterman himself described his conduct with female employees as "creepy."

Letterman's lawyer strove to keep the focus on the extortion case, not the comic's liaisons, but added that no one has ever made a formal sexual harassment claim against him.

"His conduct's not an issue here," Horwitz said after the brief court session.

Letterman is prepared to testify against Halderman if the case goes to trial, Horwitz said.

Halderman, wearing a gray suit, pinstriped shirt and green tie, declined to comment.

The 51-year-old producer for CBS' "48 Hours Mystery" has pleaded not guilty. He could face five to 15 years in prison if convicted.

[sam-kiley]

bonjour
The 51-year-old producer for CBS' "48 Hours Mystery" has pleaded not guilty. He could face five to 15 years in prison if convicted.

le voila dans de "beaux draps"..il fallait refélechir avant d'agir
au revoir.

[InMyHumbleOpinion]

when the Kennedys stopped a tell all book, no one called it extortion...

[bubbadubba]

HA HA HA HA HA.
There is no limit to the lies of an attorney to try and set someone free or how stupid attorneys think we are.
"It wasn't extortion, he was selling a screenplay"
This is too funny.
Even Letterman's writers could not think up stuff this funny.

[kamsack50]

But wait a minute. If he goes to jail, how's he going to keep Letterman away from his girlfriend?

[justsane-2009]

' "I have no plans to do anything other than either sell you this option ? this screenplay ? to you and therefore you own the story. Or if you don't and you're not interested, as I've said, then that's fine, and I will proceed, and I will do what I want to do, which is what I've been thinking about doing, anyway ? which is writing a book," Halderman told Letterman's lawyer in one of the taped exchanges, according to the filing.'

and this guy doesn't see this as blackmail? if you don't pay me $2 million, i'll find somebody who will? i can't decide who is more looney tunes here, halderman or his lawyer...

[unshrub]

And people don't commit murder, other people just run into their knives or into their bullets.

[us_1776]

Halderman needs to get at least two years in jail AND a big fine to pay off even if it is through a plea deal.

His extortion was abundantly clear. He took the extortion money to keep him quiet and tried to deposit the money. Case closed.

[scubbasteve01]

ATTN: Joe HALDERMAN extortionist now raising funds to help with criminal case and possible run for the Senate. After reminding myself of my early years as a used cars salesman. $ 100,00 dollars is needed to help with my case. I am now accepting donations at www.Halderman15years.com.
My team would prefer the 30 days in jail option from this point on we will take what we can get as along as it is illegal. I mean legal. My world instead of his has collapsed around me about my personal life and coorespondence, photos and portions of a diary. I'm not looking forward to meeting Bubba. I need some serious help from the cheating public to get a fair sentence.
Good Luck Joe Blow!

[ahumbleopini]

It doesn't matter what Dave did or didn't due - it's blackmail either way. Don't know why Dave's "activities" should even be part of the case.

[stryker54]

old news, nothing accomplished.

[sonofsummarex]

This could be enough for reasonable doubt. If he was going something illegal, why would he accept a check?

[erasmus111]

by sonofsummarex November 10, 2009 1:13 PM EST
This could be enough for reasonable doubt. If he was going something illegal, why would he accept a check?


Ummmm,...gee,....let's see,.....because he's STUPID?

[DocD--2008]

Because if he didn't take a check he'd have to report where the cash came from. You show up at a bank and try to take out or deposit 2 million in cash and all kinds of alarms go off. Because it was a check is not reasonable doubt. The threat in the "pitch" alone is criminal.

[InMyHumbleOpinion]

fingers crossed for a dismissal

[skeetchamp]

they should stop the procedural nonsense and cop a plea already.

[lin1945-2009]

I doubt Halderman can get the sentence down to 30-days. It will be several years and he might as well go to trial since that will keep him out longer and he can be around while his kiddos are younger. I think it will be very interesting to have a trial. Letterman gets away with everything and at trial he will have to take the stand and I am sure his women, or at least Birkitt, will be subpeonaed to testify . . . lots of stuff will surface. I am sure Letterman hopes for a plea bargain. The only reason to avoid trial is to protect Regina Lasko and little Harry. They deserve so much more than Letterman gave.

[edgy44]

Do a plea bargain, this guy is through and we don't need to waste any taxes on him. Give him the 30 day in jail option, and let's move on now.