Top 30: Victoria’s Secret Model sues hotel

Mari Henderson joined Top 30 to discuss the lawsuit of a model suing a hotel in California for giving her bedbugs. She claims the bedbugs were so bad that they left unsightly bites all over her body. She’s suing for lost wages and pain and suffering. Henderson shares her opinion of whether the suit will be successful and what damages she’s likely to get if she wins. 

Law and Crime: Mari Henderson discusses defense witness testimony in Aiden McClendon case

I joined Carissa Kranz on the Law and Crime network to discuss the testimony of Ashley Clark, the only defense witness in a two defendant murder trial. The victim, Aiden McClendon, was just two years old when he was shot and killed outside of his Florida home in a drive by shooting. The prosecution argues it’s a case of transferred intent, and the intended victim (Aiden’s cousin) was the member of a rival gang. Clark took the stand to testify another man is the true killer, and that he shot Aiden to get revenge after her daughter was shot and injured in a gang-related shooting. 

CKNW Radio: OJ Simpson Released From Prison After Nine Years

 O.J. Simpson is beginning post-prison life in the city where he committed the crime that saw him locked up. After serving nine years for a Las Vegas kidnapping and armed robbery, he left prison early Sunday to start a new chapter as a parolee. Simpson's parole plan was agreed upon at Lovelock Correctional Center prior to his release, Nevada's Division of Parole and Probation said.

Los Angeles lawyer and legal commentator Mari Henderson joined CKNW host Simi Sara to discuss OJ Simpson’s release, where he'll go, what his parole conditions will be, how he'll get money, and what happens to the money he owes the Goldmans from the civil judgment against him.

CKNW Segment: Nick Gordon Found Legally Responsible for Bobbi Kristina's Death

I joined CKNW radio to discuss the latest in Bobbi Kristina's wrongful death case. After Nick Gordon failed to appear in court twice, the judge ruled him "legally responsible" for her death. Essentially, the judge entered a default judgment against Gordon, where he is held liable even without any discovery or evidence. Her family is asking for $50M in damages.

CKNW: The Legal Fallout After Prince's Death

Today I joined CKNW's Shane Foxman to discuss the latest legal news on Prince and his death. Thus far, no will has been produced, and a trust company has been appointed to temporarily oversee his estate. Under Minnesota law, when a decedent dies intestate (without a will) and is unmarried and has no children, the decedent’s siblings inherent shares of the estate, equally. Prince has one sister and five living half-siblings. Minnesota law makes no distinction between full siblings and half-siblings, so it is likely Prince’s estate will be distributed among his living siblings, equally. Those siblings are expected in court tomorrow for a hearing regarding his estate. However, it is likely this will be the first of many hearings, in a long battle to determine how to distribute his estate. The value of his estate is not yet known. 

Sirius XM Stars Segment: Charlie Sheen Could Face Criminal Charges

Charlie Sheen is now being investigated by the LAPD for allegedly threatening to kill his ex-fiancee. He can be heard on a taped phone call making threats to hire a hit man to kill his ex, Brett Rossi. In the taped conversation, Sheen also makes statements supporting Rossi's claims that Sheen knew he was HIV positive when he had sexual intercourse with her, but failed to disclose his status to her. In this radio interview, I discuss the possible criminal charges Sheen could face in light of this audio tape.

LawNewz Post: EXCLUSIVE - Kesha Never Filed Police Report Accusing Dr. Luke of Sexually Assaulting Her

This post originally appeared on LawNewz.com

This weekend pop singer Kesha discussed her recent legal battle with her music producer, and the toll it is taking on her. While accepting an award for her work on behalf of the LGBT community, Kesha told the audience, “I’m going through some personal things that have been really intense and hard lately and I just want to say thank you for any support I’ve received.”

Unfortunately for Kesha, as her civil suit for sexual battery and assault moves towards trial, things may only get harder for the star. By March 21st, each side will turn in their demands for discovery of evidence. This means both Kesha and Dr. Luke will be seeking answers to written questions, requesting the production of documents, and eventually setting depositions for all witnesses involved.

One of the questions Kesha will likely be asked, and one of the documents that will likely be requested, is whether Kesha filed a police report regarding her accusations that Dr. Luke sexually assaulted her; and if so, for that police report to be produced. The purpose in asking for such a police report is that if Kesha wants to substantiate claims that Dr. Luke drugged her, and took advantage of her multiple times, then it would follow logically that she went to the police to report these alleged crimes before filing her civil suit.

Kesha filed her civil suit against Dr. Luke in October 2014. However, LawNewz.com has exclusive confirmation from the Los Angeles Police Department that they were “unable to locate any reports” filed by Kesha Rose Sebert in 2014, or before or after 2014, alleging sexual assault. We filed an open records request to obtain a copy of the report. However, none existed.  Here is a copy of LAPD’s response:

This weekend pop singer Kesha discussed her recent legal battle with her music producer, and the toll it is taking on her. While accepting an award for her work on behalf of the LGBT community, Kesha told the audience, “I’m going through some personal things that have been really intense and hard lately and I just want to say thank you for any support I’ve received.”

Unfortunately for Kesha, as her civil suit for sexual battery and assault moves towards trial, things may only get harder for the star. By March 21st, each side will turn in their demands for discovery of evidence. This means both Kesha and Dr. Luke will be seeking answers to written questions, requesting the production of documents, and eventually setting depositions for all witnesses involved.

One of the questions Kesha will likely be asked, and one of the documents that will likely be requested, is whether Kesha filed a police report regarding her accusations that Dr. Luke sexually assaulted her; and if so, for that police report to be produced. The purpose in asking for such a police report is that if Kesha wants to substantiate claims that Dr. Luke drugged her, and took advantage of her multiple times, then it would follow logically that she went to the police to report these alleged crimes before filing her civil suit.

Kesha filed her civil suit against Dr. Luke in October 2014. However, LawNewz.com has exclusive confirmation from the Los Angeles Police Department that they were “unable to locate any reports” filed by Kesha Rose Sebert in 2014, or before or after 2014, alleging sexual assault. We filed an open records request to obtain a copy of the report. However, none existed.  Here is a copy of LAPD’s response:

Kesha LAPD Open Records Request

The lack of a police report by Kesha will likely be a key point in Dr. Luke’s defense. The music producer previewed his defense in a series of tweets, saying Kesha’s allegation is “motivated by money.” Dr. Luke’s defense team will likely argue that if her sexual assault allegations were motivated not by money, but by justice, then Kesha should have, and could have, gone to the police.

And, in fact, a New York judge during a recent hearing appeared concerned about Kesha’s lack of documentation of her alleged abuse.

“I’ve read feet, feet of papers. There is not one piece of paper from a doctor saying this. But that’s besides the point. Even though you claim [Kesha] has all kinds of physical problems, trauma — nothing, under seal or otherwise. There are no hospital records. There is nothing here,” Justice Shirley Kornreich said to Kesha’s attorney Mark Geragos during a Feb. 19th hearing.

In 2014, Kesha was still within the ten-year statute of limitations in California for sexual assault. She claims Dr. Luke started attacking her when she was 18-years-old, in 2005. Had she gone to the police by 2014, and had police found evidence of sexual assault, criminal charges could have potentially been filed. Dr. Luke’s defense team may argue that failing to go to the police before the statute of limitations expired proves that she is motivated by money alone. In filing a civil suit against Dr. Luke, Kesha can seek not only monetary damages, but also equitable remedies, including an injunction to be released from her recording contract.

Dr. Luke’s tweets also outlined another defense strategy by his legal team – arguing Kesha’s allegations are not true because, in a prior deposition, she testified under oath that Dr. Luke did not drug and rape her. Dr. Luke tweeted that, “Kesha has denied under oath the horrible allegations now being made against me.” He then posted excerpts from that deposition, where she is specifically asked, “Did Dr. Luke ever give a roofie to you?” and “Did you ever have an intimate relationship with [Dr. Luke]”? Kesha answered no to both questions.

As the case moves towards trial (which will not be until 2017), each side will have the opportunity to depose the other, and ask questions under oath. Kesha will be grilled in her deposition about her prior testimony that she did not have sex with Dr. Luke, and questioned why she lied under oath. Kesha likely will claim, as she already has, that she was threatened by Dr. Luke and pressured into lying.

However, if this case goes before a jury, when Kesha appears on the stand, Dr. Luke’s defense will have the opportunity to impeach her with this prior inconsistent deposition testimony. Thus, unfortunately for Kesha, she faces a long road ahead in trying to prove her case. We contacted Kesha’s attorney Mark Geragos for comment on this story, but have not heard back.