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Judge Tosses Restraining Order Against David Letterman
New York Lawyer
December 28, 2005
By The Associated Press
SANTA FE, N.M. -- A state
judge has lifted a restraining order granted to a Santa Fe woman who
accused New York talk show host David Letterman of using coded words
to show that he wanted to marry her and train her as his co-host.
Judge Daniel Sanchez on
Tuesday granted a request by lawyers for Letterman, host of CBS'
"Late Show," to quash the temporary restraining order that he
earlier granted to Colleen Nestler.
She alleged in a request
filed Dec. 15 that Letterman has forced her to go bankrupt and
caused her "mental cruelty" and "sleep deprivation" since May 1994.
Nestler requested that
Letterman, who tapes his show in New York, stay at least 3 yards
away and not "think of me, and release me from his mental harassment
and hammering."
Lawyers for Letterman
contended the order was without merit.
"He is entitled to a
protection of his legal rights and a protection of his reputation,"
Pat Rogers, an Albuquerque lawyer representing Letterman, told the
judge Tuesday.
The New Mexico court
doesn't have jurisdiction over Letterman, who is a resident of
Connecticut, Rogers said.
Nestler appeared in court
without a lawyer and represented herself.
Responding to a question
from the judge, Nestler said she had no proof of the allegations she
had made against Letterman.
She also said that if
Letterman or any of his representatives came near her, "I will break
their legs" and establish proof of her allegations.
Nestler said after the
court hearing that "I have achieved my purpose. The public knows
that this man cannot come near me."
She also said that her
comment about breaking legs "is not a threat."
"I appealed to the court
for a restraining order to keep this man away from me, but now
that's been denied me," she said. "He has access to me. He can
actually come for me or send people. He has many accomplices. I know
this sounds crazy. I was crazy to have listened to him in the
beginning."
Nestler's application for a
restraining order was accompanied by a six-page typed letter in
which she said Letterman used code words, gestures and "eye
expressions" to convey his desires for her.
She wrote that she began
sending Letterman "thoughts of love" after his show began in 1993,
and that he responded in code words and gestures, asking her to come
East.
Nestler said Letterman
asked her to be his wife during a televised "teaser" for his show by
saying, "Marry me, Oprah." Her letter said Oprah was the first of
many code names for her and that the coded vocabulary increased and
changed with time.
David Letterman's Lawyers
Want Restraining Order Quashed
By The Associated Press
New York Lawyer
December 22, 2005
SANTA FE, N.M. -- Lawyers
for David Letterman want a judge to quash a restraining order
granted to a Santa Fe woman who contends the CBS late-night host
used code words to show he wanted to marry her and train her as his
co-host.
A state judge granted a
temporary restraining order to Colleen Nestler, who alleged in a
request filed last Thursday that Letterman has forced her to go
bankrupt and caused her "mental cruelty" and "sleep deprivation"
since May 1994.
Nestler requested that
Letterman, who tapes his show in New York, stay at least 3 yards
away and not "think of me, and release me from his mental harassment
and hammering."
Lawyers for Letterman, in a
motion filed Tuesday, contend the order is without merit and asked
state District Judge Daniel Sanchez to quash it.
"Celebrities deserve
protection of their reputation and legal rights when the occasional
fan becomes dangerous or deluded," Albuquerque lawyer Pat Rogers
wrote in the motion.
Nestler told The Associated
Press by telephone Wednesday that she had no comment pending her
request for a permanent restraining order "and I pray to God I get
it."
Sanchez set a Jan. 12
hearing on the permanent order.
Letterman's longtime Los
Angeles lawyer, Jim Jackoway, said Nestler's claims were "obviously
absurd and frivolous."
"This constitutes an
unfortunate abuse of the judicial process," he said.
Nestler's application for a
restraining order was accompanied by a six-page typed letter in
which she said Letterman used code words, gestures and "eye
expressions" to convey his desires for her.
She wrote that she began
sending Letterman "thoughts of love" after his "Late Show" began in
1993, and that he responded in code words and gestures, asking her
to come East.
She said he asked her to be
his wife during a televised "teaser" for his show by saying, "Marry
me, Oprah." Her letter said Oprah was the first of many code names
for her and that the coded vocabulary increased and changed with
time.
Her letter does not say why
she recently sought a restraining order.
Rogers' motion to quash the
order contends the court lacks jurisdiction over Letterman, that
Nestler never served him with restraining order papers, and that she
didn't meet other procedural requirements.
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