Lawyers Acknowledge Mistake In Filing Sexual Misconduct Charges Against Professor Dershowitz

by Alan M. Dershowitz
April 9, 2016 at 9:45 am

https://www.gatestoneinstitute.org/7808/lawyers-acknowledge-mistake-in-filing-sexual

FOR IMMEDIATE RELEASE Contact: Richard A. Simpson, RSimpson@wileyrein.com

April 8, 2016

Lawyers Acknowledge Mistake In Filing Sexual Misconduct Charges Against Professor Dershowitz

Professor Alan M. Dershowitz released the following statement regarding resolution of the case styled Bradley Edwards, et al. v. Alan M. Dershowitz, Case No. CACE 15-000072 (Cir. Ct., Broward Cnty., Fla.).

STATEMENT OF ALAN M. DERSHOWITZ

I am pleased that the litigation has concluded and I am gratified by the Joint Statement issued today by Jeffrey E. Streitfeld on behalf of the parties, in which "Edwards and Cassell acknowledge that it was a mistake to have filed sexual misconduct accusations against Dershowitz and the sexual misconduct accusations made in all public filings (including all exhibits) are hereby withdrawn." Mr. Streitfeld's announcement and the Joint Statement are copied below.

ANNOUNCEMENT BY JEFFREY E. STREITFELD, FLORIDA SUPREME COURT CERTIFIED CIRCUIT CIVIL MEDIATOR (Streitfeldlaw.com)

It is my pleasure to report that Bradley J. Edwards, Paul G. Cassell, and Alan M. Dershowitz have resolved their disputes and have agreed to settle the claims raised in an action pending in the Broward County, Florida Circuit Court. Since being appointed by Circuit Court Judge Thomas Lynch IV last fall, it has been a privilege to act as the mediator and assist the parties and their counsel toward this agreed resolution. I want to extend my appreciation for the professionalism exhibited by the parties and their counsel with whom I worked directly: Jack Scarola, Rick Simpson, Tom Scott, and Ken Sweder. As part of their agreement, the parties have issued the attached Joint Statement.

JOINT STATEMENT OF BRAD EDWARDS, PAUL CASSELL AND ALAN DERSHOWITZ REGARDING SETTLEMENT

Brad Edwards, Paul Cassell and Alan Dershowitz have today settled their pending defamation claims in which Edwards and Cassell sued Dershowitz and Dershowitz counterclaimed against Edwards and Cassell. The case was about Dershowitz's public claims that Edwards and Cassell, as the attorneys for Virginia Roberts, had failed to perform the necessary due diligence before filing the allegations of their client, not whether the acts of alleged misconduct in fact occurred. Edwards and Cassell vigorously denied the contention that they had acted improperly and asserted that it defamed them. Dershowitz countersued Edwards and Cassell, alleging they had falsely accused him of sexual contact with Roberts—a claim he vigorously denied and that Dershowitz asserted defamed him. Edwards and Cassell maintain that they filed their client's allegations in good faith and performed the necessary due diligence to do so, and have produced documents detailing those efforts. Dershowitz completely denies any such misconduct, while not disputing Roberts's statements that the underlying alleged misconduct may have occurred with someone else. Dershowitz has produced travel and other records for the relevant times which he relies on to establish that he could not have been present when the alleged misconduct occurred. He has also produced other evidence that he relies upon to refute the credibility of the allegations against him.

The parties believe it is time to take advantage of the new information that has come to light on both sides during the litigation and put these matters behind them.

Given the events that have transpired since the filing of the documents in the federal court and in this action in which Dershowitz was accused of sexual misconduct, including the court order striking the allegations in the federal court filings, and the records and other documents produced by the parties, Edwards and Cassell acknowledge that it was a mistake to have filed sexual misconduct accusations against Dershowitz; and the sexual misconduct accusations made in all public filings (including all exhibits) are hereby withdrawn. Dershowitz also withdraws his accusations that Edwards and Cassell acted unethically.

Neither Edwards, Cassell, nor Dershowitz have any intention of repeating the allegations against one another.

# # # #

Editor's note: Wiley Rein LLP represents Alan M. Dershowitz in this matter.

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14 Reader Comments

Mary Jane Card • Apr 9, 2016 at 14:46

In this climate of growing anti-Semitism, I suspect the motive of accusing Mr. Dershowitz of such a debased crime as sexual misconduct as it is widely regarded. He speaks eloquently, bravely, honestly and frequently on behalf of Israel, much to the disdain of Israel haters. I wonder really what was the motive behind this false accusation.

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krupskaya

Mary Jane Card • Apr 9, 2016 at 23:57

It's refreshing to hear someone acknowledge the reality of antisemitism despite the fact that such acknowledgement violates the prevailing ideological hegemony of the PC Police.

Its also time that we deny the faux distinction between antizionism & antisemitism.

While we are at it, lets acknowledge that the BDS movement is a front for virulent antisemitism.

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Mary Jane Card

krupskaya • Apr 10, 2016 at 13:22

I believe we are experiencing what it was like in the 30's in Germany. I am not a Jew, but I always wondered what the general population knew or thought about what was going on and why there was no stopping it. I believe I am getting an answer to it. An adage says the best place to hide something is right under the nose. It's under the nose right now. BDS, students for Palestinian freedom ( ie wipe out Israel ) are egregious examples among many. How long will it take to call it like it is?

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Harvey

Mary Jane Card • Apr 13, 2016 at 17:34

As usual a Jew is picked on, it doesn't matter if he is ortodox observant or any thing else he will do, methinks somewhat reminiscent of Germany in the 1930s?

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FX MEANEY • Apr 9, 2016 at 12:42

Whatever the lawyers in the suits claiming misconduct on the part of Professor Dershowitz say, they had to have been incredibly careless in making such serious unverified charges. Lucky to escape malpractice charges.

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bolt

FX MEANEY • Apr 9, 2016 at 18:07

Most of you wonder how the lawyers have been allowed to walk away with no sanctions and the claimant has apparently avoided any repercussion. We know that the lawyers convinced Alan Dershowitz that they had performed sufficient due diligence to satisfy themselves that a claim was valid. How did they verify? By interviewing the claimant and probably nothing else. They likely had no other evidence to consider other than the claimant's representations. Once Mr. Dershowitz provided proof that he could not have been the perpetrator, the claims were dismissed. That is all we know, but you can be assured that the lawyers took the evidence provided by Mr. Dershowitz back to their client and had a heart to heart talk with her. That is also part of their due diligence in making certain that the claims should be dismissed.

What other arrangements that may have been made between Mr. Dershowitz and the claimant are also not known and not necessary to the dismissal as it has been presented.

Had Mr. Dershowitz believed that the lawyers had failed in their professional and ethical obligation to investigate and verify the claims before filing the lawsuit, I suspect that the result would have been a little different.

Reputation? Mr. Dershowitz is known and rated in his field. That this has been dismissed as a mistake should be sufficient basis to restore to those who must rely on his integrity that he is who they always believed him to be.

This is not like the Duke Lacrosse Team or the University of Virginia debacles. Peoples lives and reputations may have been irreparably damaged in those circumstances. The Duke students were essentially run out of town (and filed a lawsuit against the University, I believe) and the UVA students and an assistant dean have filed suit against Rolling Stone Magazine. In these circumstances, damages are always in dollars, but reputations are not repaired in dollars.

Has Ms. Roberts filed a malicious claim against Mr. Dershowitz, I believe that we would have found out.

This still seems to be a bizarre report.

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krupskaya

FX MEANEY • Apr 10, 2016 at 00:07

"Filing baseless charges" has made "Reverend" Sharpton a multimillionaire, given him a TV show, & even given rise to Democratic candidates for the presidency groveling at his feet for an endorsement.

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krupskaya

bolt • Apr 10, 2016 at 16:08

Dershowitz has been extremely vocal in his support of Israel. The so-called "left" in this country is extremely "PC" on this issue & demonizes Israel & anyone who even meekly supports Israel.

Jihadists have had a significant influence in this country since the '20s & are now coming out of the shadows organizing popular front groups from the BDS movement to SJP...

Add to this campus indoctrination in antisemitism such as "Professor" Joy Karena's "teachings" at Oberlin College. Karena is the rule rather than the exception.

This will not be the last attack on Dershowitz & is meant to intimidate Jews who might take a stand.

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David Walker

krupskaya • Apr 16, 2016 at 15:26

"anti-zionism merges with antisemitism" there was no need for it to do so.

There has never been any difference - they are both hatred of Jews, always have been, always will be.

Anti-Zionism is the middle-class equivalent, and so is politically correct.

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dunce • Apr 9, 2016 at 11:41

Where will he go to get his reputation back?

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bolt • Apr 9, 2016 at 11:32

Is this bizarre or what? Is Alan Dershowitz in some way affiliated with Gatestone? It would be nice to have an explanation even were I to be pleased that Mr. Dershowitz, whom I have loosely followed for a long time, has such a relationship, even if his politics and mine are not always aligned.

Regardless, I hope that Virginia Roberts, whoever she (I presume a she) may be, has recovered from any ordeal she may have experienced at the hands of the "unreal" Alan Dershowitz, whoever he (I presume a he) may be.

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Bill Sinclair • Apr 9, 2016 at 10:52

A prime example of the hysteria and chaos that has been developing within our courts and judicial system over recent years. We truly need a complete house-cleaning within our courts, and where frivolous lawsuits such as these are litigated, the irresponsible lawyers should pay a severe price, including disbarment. Nor should the plaintiff who alleged the lie and defamed an innocent individual be allowed to simply walk away unpunished. Abuses such as these and others would cease.

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rob

Bill Sinclair • Apr 10, 2016 at 05:09

This is an abusive lawsuit and it is a crime.

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Honky-Cracker

rob • Apr 10, 2016 at 17:24

She obviously fabricated the entire incident to smear A.D. If he hadn't had proof, she would have succeeded. The anti-Israel faction fostered by the administration and the democrat party is without honor and will do whatever is necessary to achieve their goals. Why do American Jews always vote democrat? Read Ex 23.2

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