Robert Halderman looks on as his attorney addresses the media...

Robert Halderman looks on as his attorney addresses the media after a hearing for the alleged blackmailing of David Letterman at the New York State Supreme Court in Manhattan. (Nov. 10, 2009) Credit: Getty Images

The David Letterman extortion case moved back to court Tuesday, with Gerald Shargel, the defense attorney for accused extortionist Joe Halderman, arguing that his client was simply trying to sell a screenplay or book - not roll one of the world's most famous people.

In a motion for dismissal filed in criminal court in Manhattan, Shargel quoted Halderman - who was surreptitiously taped by Letterman and a lawyer in September - as saying, "I have no plans to do anything other than . . . sell you this . . . screenplay . . . and therefore you own the story. Or if you don't and you're not interested, as I've said, then that's fine, and I will proceed, and I will do what I want to do, which is what I've been thinking about doing, anyway - which is writing a book."

At the brief hearing before State Supreme Court Justice Charles Solomon - also attended by Halderman - Shargel filed several other motions besides the one to dismiss, which noted "an environment of workplace sexual misconduct" at "The Late Show." One included a request to see testimony minutes of the grand jury that indicted Halderman; such a request is typical in criminal cases, though rarely granted.

"It's classic blackmail, no matter how Mr. Halderman's lawyer wants to dress it up," an attorney for Letterman, Daniel J. Horwitz told reporters after the hearing, adding that Letterman's "conduct is not an issue here."

A source who asked not to be named said Tuesday noted that Shargel's argument "is what they've been saying all along. You're not going to be able to say it didn't happen because they have taped conversations, so if you can't deny the facts then you have to put the best spin you can on the facts. But obviously, no jury is going to buy that. Why would Letterman be interested in purchasing and producing something as private and incriminating as his own life? The only play here is to drag it out as long as you can, put as much [stuff] as you can in the court filings and hope the other side gets tired of fulfilling them, and that Letterman" doesn't want to endure the humiliation of a trial.

Solomon is expected to rule on the motion by January. Halderman - who pleaded not guilty to one count of attempted grand larceny and was released on $200,000 bail on Oct. 2 - faces 5 to 15 years in prison if convicted.

With AP

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