Lawyers for both Garth Brooks and his alleged rape victim stood before a Mississippi judge Friday to argue their positions on two court motions both parties, at times, viewed as an attack on their clients.
Brooks and his accuser, who the Clarion Ledger is only identifying as Jane Roe, are involved in two lawsuits with one being in the U.S. District Court of Mississippi.
Last month, the country music artist filed a lawsuit in Mississippi federal court under pseudonyms to prevent Roe from going public with allegations that he raped and sexually abused her back in 2019 while Roe was working for him as a hairdresser.
Roe filed a complaint Oct. 3 in California state court outlining her accusations of sexual assault against Brooks, and five days later, Brooks filed an amended complaint revealing his accuser’s name. Although the woman’s name is listed in public records, the Clarion Ledger does not release the names of those alleging rape or sexual assault.
Garth Brook names his accuser
A day after Brooks released the name of his accuser in court records, attorneys for Roe filed an emergency motion Oct. 9 to seal or redact the filings showing Roe's real identity . Roe's attorneys also filed the motion requesting sanctions against the singer for “unlawfully and intentionally disclosing the identity of a rape victim without her consent.”
Brooks and his attorneys have continued to deny all wrongdoing and labeled the accusations as extortion.
Neither Roe nor Brooks were present for the Friday morning hearing at the Thad Cochran United States Courthouse.
U.S. District Court Judge Henry Wingate heard both parties' arguments but did not make a ruling on this matter. Wingate said he decided not to issue a ruling Friday because an affidavit expected to be filed by Roe's attorneys on Monday, Oct. 21 "might have bearings" in his final decision.
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What did attorneys for Brooks and Roe argue?
On Sept. 13, Brooks filed a lawsuit to obtain relief from Roe's alleged attempt to extort, defame and inflict emotional distress through "outrageous conduct" and "false allegations of sexual misconduct" deemed harmful to Brooks reputation and family. In this compliant, Brooks said Roe sent him two demand letters where she threatened to go public with the allegations and sue him unless he paid her millions of dollars. Brooks asked the court to preserve the parties’ anonymity by allowing them to use pseudonyms to protect them from harm and distress.
David Kaufman, one of Brooks' attorneys, said before the Mississippi court could rule on Brooks' compliant, Roe filed a lawsuit in a California court in which she did not state her name but identified Brooks. Kaufman said this was Roe's latest attempt to "smear" his client's reputation.
Kaufman said on July 17, an attorney acting at Roe's direction sent Brooks a demand letter alleging a litany of sexual misconduct by Brooks, ranging from allegations of sexual grooming to unwanted sexual touching, none of which were based in fact, according to Kaufman. Roe allegedly threatened to publicly file a civil complaint containing the allegations.
Kaufman said in an Aug. 23 follow-up letter, Roe offered to refrain from publicly filing her "false and defamatory lawsuit" in exchange for a multi-million-dollar payment. Kaufman said Brooks "has been victimized in an attempted shakedown."
Kaufman said the demand letters led to Brooks filing his lawsuit on Sept. 13, and Roe identifying Brooks in her California lawsuit led to Brooks identifying Roe in his Oct. 18 court filing.
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Kaufman said there is a plan to move the court to Mississippi because Roe lives in Madison County.
"They wanted a public fight, and they got one," Kaufman said in court.
In response, Roe's attorney Jeanne Christensen said that Brooks "intentionally" and "presumptively" filed their complaint in the Mississippi court to conflict with the California lawsuit.
Christensen said Brooks is attempting to work around the Anti-Strategic Lawsuit Against Public Participation provision, also known as Anti-SLAPP, designed to protect people from meritless lawsuits that aim to intimidate someone from exercising their First Amendment rights.
Christensen stated Brooks filed his Sept. 13 lawsuit against Roe based on a letter that was not in public records, calling Brooks an "improper Plaintiff" in the Mississippi case.
Christensen also mentioned Brooks' attorneys received a two-month notice of Roe's intent to commence action in filing her lawsuit before Oct. 4. Christensen said that meanwhile, Brooks did not give her client the same courtesy before filing his amended complaint.
According to Christensen, Roe never took the steps to publicly reveal her full name and Brooks revealing Roe's identity was "purely out of spite." Christensen requested for the court to seal any legal documents that identify Roe by her real name.
"To say they had her best interest in mind is very hard to believe," Christensen said.
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Christensen also clarified to the court that Roe's October filing in California was not in an attempt to subvert the Mississippi's court authority. Roe's attorneys are expected to file an affidavit containing a timeline of events in regard to this case before filing a motion to dismiss the case.
Wingate said Roe's attorneys must file the affidavit by Monday, Oct. 21, and Brooks' attorneys will have an opportunity to respond, if necessary, on Tuesday, Oct. 22, via a Zoom conference.
Wingate also stated Roe's attorney motion to dismiss the case will need to be filed on Friday, Oct. 25.
This article originally appeared on Mississippi Clarion Ledger: Judge hears arguments after Garth Brooks’ accuser files motion to seal Mississippi case
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