Saturday, September 29, 2007

Update on Isiah Thomas lawsuit

Courtesy of Kati Cornell of the New York Post:

Jurors gave a sign they might be ready to hammer the Madison Square Garden for sexual harassment in a note suggesting they believe a key claim in fired Knicks executive Anucha Browne Sanders' lawsuit against her former employer. The jury sent out the note approximately six hours into its deliberations in the sensational $10 million case against Knicks coach Isiah Thomas and the Garden yesterday.

The note centered on a section of Manhattan Federal Judge Gerard Lynch's legal instructions dealing with a hostile work environment, asking how to pro ceed "if the elements of the claim have been met." The jury indicated they were stymied by "wording" on the verdict sheet that related to this claim, specifically whether the Garden "intentionally" dis criminated against Sanders, and asked the judge for clarification.

Lynch called the seven jurors into the courtroom and told them, "The jury in structions that were read to you are the authoritative and controlling statements of the court. The verdict form is not meant to add or subtract anything."
One juror appeared to give a friendly glance towards Sanders before shooting a glare at the table where Thomas and other Garden executives and lawyers were seated.

The panel's view on claims against Thomas remained a mystery. Sanders claims she was fired in retaliation for lodging complaints against Thomas, whom she has accused of spewing curses at her for a year - calling her "bitch" and "ho" - and then suddenly making amorous advances.

Earlier in the day, the jury asked to review a mountain of evidence, including testimony and depositions from Thomas and two other MSG officials, notes on an internal investigation into Sanders' complaint, and e-mails the fired executive sent to her boss. By mid-afternoon, the jurors asked for more evidence in a note that could indicate they've shifted their focus to retaliation claims against the Garden, asking to read the transcript of statements by Garden Chairman James Dolan.
During his videotaped deposition, Dolan nonchalantly admitted to firing Sanders without consulting his lawyers while her sexual-harassment claims were still under investigation by the Garden. "All decisions at the Garden I make on my own," Dolan said, claiming he believed she'd attempted to tamper with the internal probe. "I specifically did not consult with counsel."

The jury was sent home for the weekend, with deliberations set to continue on Monday.