Hollywood style attorney Gloria Allred, has represented, among other notorious clients two porn stars in their claim for “on the job” sexual harassment. She now claims falsely that she is representing Ms. Sharon Bialek. Allred’s legal representation so called is a farce calculated to convince Americans that she is laboring in the legal Vineyards of Justice so as to vindicate the rights of woman scorned by man. Her target this time is Republican presidential contender Herman Cane who sometime in the nineties was incautious enough to offer Sharon Bialek a ride to her hotel. He did this without setting up a video cam, a backup recording device and forgot to retain as potential witnesses a rabbi, priest and a court reporter to record their observations from the back seat. Now Ms. Bialek claims that Mr. Kane tried to grasp her genitals and force her head to his crotch—inferring thereby, none to subtly, that he was interested in sexual intercourse.
Twelve years later she sought out Mr. Kane back stage at one of his speaking engagements and according to one witness gave him a hug and talked to him as if they were old pals. She does admit to tracking down Mr. Cane. Now however smelling blood, her recollection of that meeting has become something else again. She recalls ominously that Mr. Kane was “uncomfortable” in her presence. Well, how does one defend against a woman’s accusation that he is feeling “uncomfortable?” And how does he defend against the accusation? After all Ms. Bialek is not talking about ordinary discomfort as when one’s underwear is in a bind, but an uncomfortableness reeking with guilt and suppressed carnal desire.
Could perhaps Ms. Bilek’s indictment have been a bit more specific? For example, did he again try to grab her “genitals?” Did he grab and push her head southward toward his crotch?
At a press conference this week Ms. Allred, in a spectacle of self-adulation announced that she and her client will not file a lawsuit against Herman Cane. How wonderful for her. After all no one likes people who file lawsuits. Ms. Allred did not mention, however, that at twelve years post “incident” it is legally impossible to file a lawsuit against Mr. Kane because every claim Sharon Bialek might have filed is dead as a matter of law. In fact, the statute of limitations has extinguished any and all claims Ms. Bialek might conceivably have leveled against Herman Cain based on his alleged sexual harassment.
Were Sharon Bialek an employee she could have filed a complaint with the EEOC. Regardless of employment she could have filed a civil suit against Mr. Cane alleging assault and outrageous conduct. She could also have filed a claim with the civil rights division of the state in which she lived. Or she could have filed a criminal complaint for assault with the district attorney’s office. She did absolutely nothing all the way to her big hug, back stage with Mr. Cane.
The Statute of Limitations is intended to protect the innocent victim of a lawsuit. The claim of one who sits on her rights will not be heard if it is not timely prosecuted. Memories fail. Witnesses die or disappear. Documents are lost, credibility is strained, and confusion and injustice reign over all. The statute of limitations is centered on the principle that a defendant must have his day in court or have his peace. There comes a time when justice mandates that the court room doors be closed to claims, real, spurious, or too long ignored.
Justice if it is to prevail must be timely urged in a courtroom according to the rule of law, evidence and defendant’s right to cross examine his accuser before an impartial jury. One will not find justice in the streets, or in the lurid accusations of a political hack like Ms. Allred. As Ms. Allred may not legally file suit against Mr. Cane, Americans should wonder precisely what legal services she is providing her client Sharon Bialek. The answer is none at all.
At this late date, as Mr. Cane is leading in the polls, Ms. Allred’s suggestion that she and her client are simply trying to clear the air, do the right thing and see that Mr. Cane admit his wrong doing so that everybody can well… just “move on” rings of a contempt for truth so base the very stones of Rome should rise up in mutiny. They are, in fact, seeking his political annihilation.
That Ms. Allred, a Democrat mouthpiece, is somehow representing Sharon Bialek is a myth. She is not performing a legal function. Her client does not require a lawyer to read from her notes an accusation concerning which she has too long been silent. Let us for the moment put aside vainglory, hubris, avarice and ambition. The truth is that the shouting out of incendiary libels does not constitute legal representation; nor does legal representation include a lawyer’s appearance on morning talk shows that cannot have enough of bloodlettings.
Ms. Allred’s “representation” could as well have been done by the doorman at the hotel in which Ms Allred announced her “disgust” with a “serial” abuser of women. The term “serial” is usually reserved for killers, as in “serial killers.” The truth is, Ms. Allred’s business is not justice; it is political malice and character assassination, self promotion and the aggrandizement of a political party now well to the left of Russia’s Putin.
Americans may well ask why a woman silent since the nineties, a woman who never once accused Mr. Cane of wrong doing is now seeking his political annihilation. We will never know the facts perfectly. Motive and circumstantial evidence however disclose a political agenda centered on the publication of libel, the destruction of reputations and a thirst for political power.
So what to we know for a fact: Should any of these accusations “stick” whether or not they are true, Mr. Cane presently the presidential choice of millions of Americans will not win the Republican nomination nor will he be selected for the vice presidential slot. He will be damaged goods.
The killing off of Mr. Kane’s political aspirations will damage the Republican Party even as it increases President Obama’s chances for reelection. Mr. Kane’s 41 years as a CEO for major corporations are free of wrongdoing and are characterized by professional excellence. Sexual predators are for the most part repeat offenders. He does not fit the mold. A good reputation however will not stand against prolonged accusations of immoral conduct.
Finally, guilt or innocence should be decided in the courtroom according to the evidence and the rule of law. That Ms. Allred is trying Mr. Kane in the streets, and in the bylines of a rapacious and biased media is more reminiscent of hi-tech lynching than democracy. She, and the party who supports her, must not prevail.
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