Letterman plot suspect asks NY court to drop case
By JENNIFER PELTZ, Associated Press Writer

NEW YORK – 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.

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.

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.

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.
________________________________

What screenplay?  This is the first I've heard of a screenplay.  He's
messed up...and he's going to jail.  What a dumb ass.
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