On Wednesday, San Diego Mayor Bob Filner’s lawyer Harvey Berger filed a motion to move his sexual harassment case to Imperial County, which borders Mexico. They do not think Filner can receive a fair trial in San Diego County.
The intense media coverage of the allegations is the main reason why Filner wants to move his case. Berger also accuses the city attorneys and lawyer Gloria Allred of scheduling his disposition while he was in treatment. It is scheduled for Friday, August 9. From San Diego Reader:
“A change in venue is necessary because publication of the allegations of sexual harassment against Mayor Filner have been so widespread, unrelenting, intense, and outspoken that there is reason to believe that an impartial trial cannot be had in San Diego. Thus, Mayor Filner seeks to have venue transferred to nearby Imperial County.”
“I responded to Mr. Cordileone stating, again, that Mr. Filner is not available for deposition on August 9, 2013 because he will be in a full-time treatment program during the two-week period from August 5-16. I told Mr. Cordileone that Mayor Filner would make himself available after he returns from treatment and asked if he would withdraw the subpoena…”
The chief deputy attorney turned down the request on July 26 “because any delay will cause additional damage to the City.”
Berger provided a doctor’s note to persuade the city to delay the deposition:
“To Whom It May Concern;
Robert Filner is currently under my care in an intensive treatment program and will be unavailable for deposition on August 9, 2013.
Lawyers will discuss the motion on Thursday. So far 13 women have accused Filner of sexual harassment, including a nurse who tried to receive help for an injured Iraq War veteran and two rape survivors from the National Women’s Veteran Association. He is facing a lawsuit from his former communications director Irene McCormack.